HIMACHAL PRADESH NAGAR VIKAS PRADHIKARAN Vs. REGIONAL PROVIDENT FUND COMMISSIONER
LAWS(HPH)-1997-3-13
HIGH COURT OF HIMACHAL PRADESH
Decided on March 13,1997

HIMACHAL PRADESH NAGAR VIKAS PRADHIKARAN Appellant
VERSUS
REGIONAL PROVIDENT FUND COMMISSIONER Respondents


Referred Judgements :-

EXECUTIVE ENGINEER,NATIONAL HIGHWAY DIVISION,BALASORE AND ORS. V. REGIONAL PROVIDENT FUND COMMISSIONER,BHUBANESHWAR [REFERRED TO]
PEOPLES UNION FOR DEMOCRATIC RIGHTS VS. UNION OF INDIA [REFERRED TO]
SAYAJI MILLS LIMITED VS. REGIONAL PROVIDENT FUND COMMISSIONER [REFERRED TO]
P M PATEL AND SONS VS. UNION OF INDIA [REFERRED TO]
R L SAHNI AND CO VS. UNION OF INDIA MADRAS [REFERRED TO]



Cited Judgements :-

M P ELECTRICITY BOARD JABALPUR VS. REGIONAL PROVIDENT FUND COMMISSIONER JABALPUR [LAWS(MPH)-2003-5-36] [REFERRED TO]
MMTC LIMITED VS. EMPLOYEES PROVIDENT FUND [LAWS(DLH)-2013-2-96] [REFERRED TO]


JUDGEMENT

- (1.)THE petitioner is aggrieved by the order of the Regional Provident Fund Commissioner, Sub-Regional Office, Stokes Place, Shimla, dated September 25, 1996 passed under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act ). By the said order, the first respondent has rejected the contentions of the petitioner that the provisions of the Act are not applicable to the petitioner and held that the petitioner is liable to comply with the provisions of the Act in respect of its employees engaged directly or through the contractor engaged for its activities for the period under enquiry and also for further period.
(2.)BEFORE the petitioner came into existence, the concerned body was known as Shimla Development Authority under the provisions or H. P. Town and Country Planning Act, 1977. The petitioner was constituted by the Government in exercise of its powers under Section 40 of the said Act, by a Notification dated November 14, 1994. Section 41 of the Town and Country Planning Act provides that every Town and Country Development Authority shall be a body corporate by the name specified in the notification under Section 40, and shall have perpetual succession and a common seal with power to acquire and hold property both movable and immovable, and subject to the provisions of the Act or rules made there under to transfer any property held by it, to contract and to do all other things necessary for the purposes of the Act and may sue and be sued in its corporate name. Under Section 42, every such Authority shall consist of Chairman and other members not exceeding six appointed by the State Government. Section 42-A deals with Constitution of Town and Country Development Authority for the capital town of Himachal Pradesh.
(3.)A notification dated November 14, 1994 is produced by the petitioner as Annexure P-1. It is seen therefrom that the Governor has exercised powers under Section 40 to establish the petitioner with immediate effect for the planning areas/special areas as specified in the schedule annexed to the notification and that all the assets and liabilities of the Shimla Development Authority, Special Area Development Authority for Kulu Valley Special Area, the Town and Country Development Authority for planning area, namely, Hamirpur, Dharamshala, Mandi, Parwanoo and Barotiwala. By the said notification, the said Authorities were dissolved and the assets and liabilities stood transferred to the petitioner with immediate effect therefrom.


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