Dec 07, 2014 article 12 is the first article in part iii of the constitution of india. Government to the other government pursuant to article 56 of the basic agreement and this chapter is needed for presentation to a court or a judge in criminal proceedings, that other government shall submit a request for such information to the government that communicated the information hereinafter referred to in this article as. The relationship between states on human rights issues abandon the principle of equality of partners, pursuing various paths of development with one common objective being the. State under article 12 of the constitution of india. The general assembly finds and declares that the distribution of motor vehicles in the state of north carolina vitally affects the general economy of the state and the public interest and public welfare, and in the exercise of its police power, it is. An authority must be authority sui juris within the meaning of the expression other authorities under article 12. Expanding scope of article 12 of the constitution of india and recent. A development authority created as a body corporate and politic by an act of the general assembly, and having as its purpose to stimulate, foster, coordinate, plan, improve and encourage. Article 12 constitution of india notes notes for free.
Parliament shall consist of the president, the house of people and council of states. Article 12 right to marry and to found a family 50 article 14 prohibition of discrimination 53. Neither in the constitution nor in the general clauses act, 1897 nor in any other statute of india. Definition in this part, unless the context otherwise requires, the state includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control of the government of india. Scope of local authorities under article 12 pen acclaims. Government means any department or institution of department. Guidelines for competent authorities and ucits management. According to article 12 of the indian constitution, state means the government and parliament of india, the government and legislature of a state, local authorities and other authorities within the territory of india, or under the control of the government of india. What is meant by other authorities under article 12 of the. The lead supervisory authority may request at any time other supervisory authorities concerned to. In several constitutional provisions relating to fundamental rights, the expression, state has been used.
In this part, unless the context otherwise requires, the state includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under. In addition to other applicable provisions of this agreement, this chapter contains provisions with respect to chemical substances, cosmetic products, information and communication technology, energy performance standards, medical devices, and pharmaceuticals, as defined. Short speech on article 12 of the constitution of india. Other authorities under article 12 of constitution. Authority means i power to make rules, bye laws, regulations, notifications and statutory orders. Jan 01, 1996 the competent authorities of the contracting states shall notify each other of any significant changes which have been made in their respective taxation laws and of any official published material concerning the application of the convention, including explanations.
Article 12 defines the term state as including the government and parliament of india, the government and legislature of a state, and all local or other bodies within the territory of india or under the control of the central government. What is meant by other authorities under article 12 of. To this end, states parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements. The service of judicial documents coming from a contracting state shall not giverise to any payment or reimbursement of taxes or costs for the services rendered by the state addressed. State under article 12 of the constitution of india ipleaders. United states new zealand income tax convention convention, with protocol, signed at wellington july 23, 1982. Transitional provisions are set out in paragraph 62. Other variations among many others include, for example, dividing cases into federal cases and state cases, and dividing statutes into state and local. Trade secrets and confidential business information. Claims to refugee status based on sexual orientation andor gender identity within the context of article 1a2 of the 1951 convention andor its 1967 protocol relating to the status of refugees.
States and all local or other authorities within the territory of india or under the. Article 12 of the constitution of india defines the state. The bodies like state electricity board, lic, ongc and ifc also come under other authorities. Responsibility of states for internationally wrongful acts 2001. Other authorities under article 12 of constitution academike. It says that unless the context otherwise requires the term state includes the following. The present convention shall not prevent two or more contracting states from agreeing to permit, for the purpose of service of judicial document s, channels of transmission other than those provided for in the preceding articles and, in particular, direct communication between their respective authorities. Definition in this part, unless the context otherwise requires, the state includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the. States parties shall take measures to combat the illicit transfer and nonreturn of children abroad. Borrowing by development authorities created by general assembly.
Only there is a scope of widening definition of state in other authorities other authorities 1954 interpretation of other authorities by madras high court. It observed that there is no common genus between the authorities mentioned in article 12. Ancient understandings of authority trace back to rome and draw later from catholic thought and other traditional understandings. Pre rajasthan electricity board case, courts took a very narrow interpretation of article 12. Since ncert was largely an autonomous body and the activities of ncert. The state based governments and legislative bodies.
Local authorities like municipalities, panchayat, port trusts etc. Human rights violations in certain countries in 2012. Material for publication is welcomed articles, decisions, or other items of interest to government contractors, attorneys and law. Article 12 royalties article capital gains article 14 deleted article 15 income from employment article 16 directors fees article 17 entertainers and sportspersons article 18 pensions article 19 government service article 20 students article 21 other income chapter iv taxation of capital article 22 capital articles of the model. Therefore, its interpretation has caused a good deal of difficulty, and judicial opinion has undergone changes over time. Article 9 if the central authority which receives an application referred to in article 8 has reason. Fri 12 feb 1965 government gazette of the state of new south wales sydney, nsw. Scholarly research journal for interdisciplinary studies, online. Article 12 of the indian constitution defines the following components as a state.
Each party shall ensure fair and equitable market access to persons of the other party that rely upon intellectual property protection. The term other authorities has been widely interpreted by the judiciary. Central and state government public officials parliament and state legislatures local authorities. Jan 01, 1994 it is understood that, if a company is a resident of the netherlands under paragraph 1 of article 4 resident and, because of the application of section 269 b of the internal revenue code, such company is also a resident of the united states under paragraph 1 of article 4 resident, the question. Though the language in article 12 is plain, the term other authority is put to test quite a number of times. Sep 28, 2014 the interpretation of the term other authorities in article 12 had caused a good deal of difficulty, and judicial opinion has undergone changes over time. A juridical entity, though an authority may also ratify the list of being an instrumentality or agency of the state in which event such authority may be held to be an instrumentality or agency of state, but not vice. Article 12 and of the constitution of india academike.
Motor vehicle dealers and manufacturers licensing law. A common grouping is to list the authorities according to the categories. The commission on human rights began its work on this subject at its session in februarymarch 1978. The interpretation of the term other authorities in article 12 had caused a good deal of difficulty, and judicial opinion has undergone changes over time. Human lives published by the ministry of justice in 2006. In this part, unless the context otherwise requires, the state includes the government and parliament of india and the government and the legislature of each of the state and all local or other authorities within the territory of india or under the control of the government of india. In order to extract the true meaning of the term and to further the purpose of fundamental rights the judiciary has evolved the test of instrumentality or agency under which various criterias are laid out, one such. May 11, 2010 article 12 of the constitution defines the expression state as including, for the purpose of part iii of the constitution fundamental rights, all local or other authorities within the territory of india or under the control of government of india. It says that unless the context otherwise requires the term state includes the.
Note, however, that because the oft and sector regulators within the cwp are designated as national competition authorities under eu regulation 12003 see notes 107 and 108 below and accompanying text, they are entitled by virtue of article 12 of the regulation to exchange confidential information for the purposes of applying articles. Other authorities under article 12 of the constitution. No scope of widening the definition of state under article 12 in the first four instance. Each pdf file includes bookmarks that are linked to each section in an article. The expression other authorities could refer to any entity that exercises governmental or sovereign functions. Nc general statutes chapter 159 article 12 1 article 12. Dec 16, 2017 o other authorities within the territory of india or under the control of the government of india.
Article 12 the federal entity may hire an employee on a monthly lump basis. The documents include all amendments to the act through february 26, 20. State under indian constitution legal service india. A table of authorities can be grouped in different ways. Relevant authorities for central securities depositories csds article 12 of regulation eu no 90920141 csdr pursuant to article 12 1 of csdr, the following authorities shall be involved in the authorisation and supervision of csds. Eu competition law eu competition law cartel legislation. It means that only those authorities are covered under the expression other authorities which perform governmental or sovereign functions. Each article of the new jersey casino control act can be viewed here in two formats, as a pdf or as a word document. State article 12 supreme court of india constitution. On 18 december 2012 esma published the guidelines on etfs and other ucits issues esma2012832, the original guidelines. The definition of the expression the state in article 12, is however, for the purposes of parts iii and iv of the constitution, whose contents clearly show that the expression the state in article 12 as also in article. Regulation of motor vehicle distribution in public interest. It means that those authorities are covered under the expression other authorities which perform governmental or sovereign functions.
June 6, 2002, which ratified legislative decree 2682002, amended article 205, 20 of the constitution to add other governmental entities and authorities to the list of institutions whose administrative conduct the congress may approve or disapprove. A working group was set up to deal with this item, and the main. Article 12 enables the indian supreme court to include within the definition all the three organs of the state executive, legislative and judicial as well as all other authorities which have been included within the concept of state action in u. State as provided under article 12 of the constitution has four components. Article 2 everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Definition of state in this part, unless the context otherwise requires, the state includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control of the government of india. Most of the litigation is based on what falls within other authorities given in this article. The wrongfulness of an act of a state not in conformity with an international obligation of that state is precluded if the author of the act in question has no other reasonable way, in a situation of distress, of saving the authors life or the lives of other persons entrusted to the authors care. Article 12 defines the state in the following manner. Every state shall require the master of a ship sailing under its flag, insofar as he can do so without serious danger to the ship, the crew or the passengers. Other authorities within the territory of india, or under the control of the. Other authorities under article 12 a case for not expanding its scope.
The terms of five members, composed of two electors as set forth in s. This publication is designed to be accurate and authoritative, but neither the publisher nor the authors are rendering. State under article 12 of the constitution drishti ias. Pdf on dec 1, 2018, v s tripathi and others published state under article 12 find, read. The cumulative effect of all the tests is necessary to hold an authority as other authority and thereby state under article 12. Though the language in article 12 is plain, the term other authority is put. The government of india or the central government and the parliament of india that is the houses of lok sabha and the rajya sabha. Guidance on part 1, section 2 duties of public authorities. Article 12 defines the term state as used in different articles of part iii of the constitution.
The term state is defined under article 12 of part iii fundamental rights of the. Definition of state under the indian constitution article 12. The parties shall ensure fair, adequate, and effective protection and enforcement of intellectual property rights. Constitution of the republic of singapore singapore. The united states has income tax treaties or conventions with a number of foreign countries under which residents but not always citizens of those countries are taxed at a reduced rate or are exempt from u. These tests try to render a meaningful link between the authority in. These guidelines apply to competent authorities designated under article 97 of the ucits directive, ucits management companies and ucits taking the form of selfmanaged investment companies. These treaty tables provide a summary of many types of income that may be exempt or subject to a.
Government company and article 12 of the indian constitution. Dec 23, 2016 this is in line with the principles of the uncrc, specifically article 12 a childs right to be heard and is also central to girfec as well as a range of other scottish legislation and guidance. The equality and human rights commission has updated this guidance in order to help public authorities to understand the implications for their. For greater certainty, consistent with article scope, article 1515. Procedure to update the list of other national authorities. Relevant authorities for central securities depositories. The word state and authority used in article 12 remain among the great generalities of the constitution the content of which has been and continues to be applied by courts from time to time. Local authority means municipal boards, panchayats, body of port commissioners and others legally entitled to or entrusted by the government, municipal or local fund. Procedure to update the list of other national authorities according to the european statistics regulation, the national statistical institute has the role of coordinator of european statistics at national level and shall act as a contact point for the commission eurostat on statistical matters. The scope of article 12 has been expanded throughp judicial decisions from time to time.
Ncert question whether the national council of educational research ncert was a state as defined under article 12 of the constitution. In more modern terms, forms of authority include transitional authority exhibited in for example cambodia, public authority in the form of popular power, and, in more administrative terms, bureaucratic or managerial techniques. Human lives we would like to express our thanks to the ministry of justice for producing the original human rights. In order to extract the true meaning of the term and to further the purpose of fundamental rights the judiciary has evolved the test of instrumentality or agency. The most significant expression used in article 12 is other authority. Approaches to engagement and participation should involve children and young people who have a range of experiences, views and circumstances and. Gk, general studies, optional notes for upsc, ias, banking, civil services. State under article 12 of constitution of india other. These guidelines apply from date two months after their publication on esmas website.
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