assignment act 2007

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Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007

• State Acts and Rules
• Andhra Pradesh State Laws
• Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 1989

Published vide G.O. Ms. No.208, Revenue (ASSN-POT), dated 22-2-2007, Published in A.P. Gazette, RS to Part I, dated 2-2007.

In exercise of the powers conferred by sub-section (1) of Section 9 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, as amended by the Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2007 and in supersession of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977 issued in G.O. Ms. No.281, Revenue, dated 2-2-1978, the Governor of Andhra Pradesh hereby makes the following rules :-

1. Short title: - These rules may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007.

2. Definitions: - In these rules, unless the context otherwise requires:

(a) "Act" means the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977;

(b) "Authorised Officer" means the Officer Authorised by the District Collector not below the rank of Mandal Revenue Officer/ Tahsildar under sub-section (1) of Section 4 and sub-section (1) of Section 5 of the Act;

(c) "Form" means a form appended to these rules.

3. Procedure for eviction of the transferee and taking possession and restoration of assigned lands: - The District Collector or the Authorised Officer shall, before taking action under clauses (a) and (b) of sub-section (1) of Section 4 of the Act, issue notices in Form No.1 and Form II to the persons who have transferred and also to the persons who have acquired any assigned land in contravention of the provisions of sub-section (2) of Section 3 of the Act. The notices shall be served by delivering a copy on transferor and transferee or some adult male member of the family of such transferor or transferee at their usual place of above or to their authorised agent or by affixing a copy thereof at some conspicuous place of their last known place of residence or on some conspicuous part of the assigned land. After the expiry of (fifteen) 15 days specified in the notice, the District Collector or the Authorised Officer shall consider the representation, if any, received with reference to the said notice and pass such orders as he thinks fit and proper. If it is held that the provisions of sub-sections (1) and (2) of Section 3 of the Act, have been contravened in respect of any assigned land, a copy of the order shall be communicated to the Village Officer concerned under whose territorial jurisdiction the land is situated for taking possession of the land and thereupon the land shall be disposed of in accordance with the provisions of Section 4 of the Act.

4. The District Collector or the Authorised Officer not below the rank of Mandal Revenue Officer/Tahsildar shall furnish the particulars of lands assigned in his jurisdiction in Form No.ILI to the Registering Officer concerned, within (forty five) 45 days from the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 and further continue to furnish such particulars in the same proforma whenever new assignments are made from time to time.

5. Under the proviso to Section 7 of the Act, any person voluntarily disclosing or surrendering the assigned land in his possession within (90) days of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 shall make such voluntary disclosure or surrender to the Collector or Authorised Officer by way of declaration in Form No.IV. On receipt of such declaration, the Collector or the Authorised Officer shall proceed to take immediate possession of the land and dispose of the land as per the provisions contained in Section 4 of the Act.

6. The Government shall issue notification under Section 4 of the Act for notifying area/lands for utilisation for public purpose in Form No.V.

Notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007

Residing in..... village......Mandal......District.

Whereas, you are found to have been assigned lands as specified in the schedule below;

And whereas, it has come to notice that you have transferred the said assigned land in contravention of the provisions of the sub-section (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977;

And whereas, under Section 4 of the Act, this land is liable to be resumed to Government for violation of provisions contained in the Section 3 of the Act.

You are hereby directed to show-cause within (fifteen) 15 days of receipt of this notice as to why the assignment made to you should not be cancelled and the land be resumed to Government.

The Schedule

Place .............

Date ..............

Residing in........Village.......Mandal.........District.

Whereas, you are found to be the transferee of the assigned lands as specified in the schedule below in contravention of the provisions of the sub-section (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

You are hereby directed to show-cause within (fifteen) 15 days of receipt of this notice as to why you should not be summarily evicted from the said assigned lands and as to why any crop or other product raised on land/lands and any building or other construction erected or anything deposited thereon should not be forfeited.

Place................

Date..................

[See Rule 4]

List of Assigned Lands communicated to the Sub-Registrar concerned under Section 5(1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977

The Sub-Registrar,

............

Transfers of assigned lands being prohibited under Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, the following list containing details of assigned lands are furnished to the Sub-Registrar, .........District .......as per Section 5(1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 in the prescribed proforma in the Rules;

As per Section 5(2) of the Act, no registering officer shall accept for registration of any documents relating to the transfer of land as mentioned in the Schedule.

[See Rule 5]

Declaration under Section 7 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977

The District Collector/Authorised Officer,

.............................District.

Whereas, I am the transferee of assigned lands specified in the Schedule by way of (sale/gift/lease).........in contravention of the provisions of the Section 3 of the A.P. Assigned Lands (POT) Act, 1977;

And whereas, under Section 7 of the Act a provision is made for voluntary disclosure/surrender of such assigned lands;

And now, therefore I am disclosing and surrendering such assigned lands to Government within (90) days from the commencement of the Act as mentioned in the Schedule;

The Collector or the authorised officer may accept the surrender of this land.

[See Rule 6]

Notifications By Government Revenue Department

Notification under clause (c) of sub-section (1) of Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977

Whereas, under clause (c) of sub-section (1) of Section 4 of the Act, the Government have been vested with the power/authority to notify certain areas/lands which can be resumed by the Government under Section 4 of the Act for public purpose;

And whereas the Government have decided that such resumed lands will be utilised for public purpose as provided in the Explanation to (b) of sub-section (1) of Section 4 of the Act;

Therefore, in exercise of the powers conferred under clause (c) of sub-section (1) of Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, Government of Andhra Pradesh hereby notify the following areas/lands:

Related judgement on Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007

telangana govt schemes info

POT ACT 1977 Prohibition of Assigned Lands telangana andhra pradesh

learn facts about pot act 1977, assigned regularization act, Telangana land Acquisition Act 2013 and other details telangana and andhra pradesh.

Table of Contents

A.P. Assigned Lands (Prohibition

Of transfers) act 1977.

(As amended in Act 8 of 2007 & Act 21 of 2008) in telangana Amended in 2017. (2017 as cutoff date)

section 22A

Assigned lands regularisation act go in telangana.

Eligibility : bpl people whose total land including assigned land below 2.5 acres wet, 5 acres dry.

illegal occupants, sada bainama, by mouth word.

Before 1977

1977 – 2007

CM KCR Extended above conditions upto 2017 and the application cut off date not applicable because they issue GO govt orders to district wise.

2020- 2021 update: planning to change assigned lands as regular. soi political leaders who occupied govt lands they sell freely.

telangana assigned lands pot act 1977 in telugu

Telangana land acquisition act 2013.

Revenue Department – Land Acquisition – The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30/2013)

GO 123 >>

These rules may be called the Telangana State Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014.

pdf here it is

telangana land acquisition compensation

also follow >> BRS / LRS Telangana >>>> lrs telangana >> TS Building Rules >> GFHMC occupancy Certificate hyderabad.

INTRODUCTION

• The Government had been assigning Govt. Lands to the landless poor persons who had no other means of livelihood. In Andhra area such assignment of Lands are governed by Board Standing Orders while in Telangana area, they are governed by the rules framed under the Andhra Pradesh (Telangana Area ) Land Revenue Act 1317 Fasli. Nevertheless, the rules governing such assignment of lands and conditions of grant of the Government Land are same. The Pattas granted there under invariably contained a clause that the lands assigned were heritable but not alienable and several other conditions have been imposed.

A clause to the effect that the land will resumed for the violation of the condition of the grant has been incorporated in every assignment with the hope that such restrictions would prevent the deprival to the poor landless persons of the land assigned to them. However past experience has shown that substantial extents of lands assigned to landless poor persons have been alienated and are in possession of well to do persons. The conditions of the grant were found to be too ineffective and too inadequate to achieve the social goal set by the Govt. The standing orders are not statutory instruments and they do not have any force of Law except such of the orders which are issued by virtue of statutory powers of the Board.

The existing rules do not have any provisions for

punishment of persons who purchased such lands. Efforts made for assigning large extents to landless poor persons are going waste. Therefore with a view to enforce the objective more efficiently, a protective legislation in the nature of the Act called the A.P. Assigned Lands (POT) Act 1977 (Act 9 of 1977) was enacted to prohibit alienation of Assigned Lands to landless poor persons and to provide for punishment of purchasers of such lands. The Tahsildars should thoroughly acquaint with the various sections of the Act under which the powers are conferred on them.

The A.P. Assigned Lands (POT) Act 1977  is a self contained code, in the sense that it provides for resumption, restoration and distribution of the Assigned Lands. Except Sec. 2 of the Act which came into force on 21.01.1977, the remaining provisions shall come into force w.e.f. 29.01.2007 (G.O.Ms.No. 125, Revenue, dt. 05.02.2007). But Section 3 (1) of the Act not only prohibits transfer of the Assigned Lands on or after the commencement of the Act, but also declares retrospectively that all transfers of such lands which took place prior to the coming into force of the Act shall also be null and void and no right or title in such Assigned Land shall vest in any person acquiring the land by such transfer.

• In this Act, any transfer or acquisition made either by purchase, gift, lease, mortgage, exchange or otherwise in respect of Govt. lands or Surplus lands assigned to landless poor persons for purpose of cultivation or as House Site subject to the condition of non-alienation shall be deemed to be null and void. (Section 3 (3) ).

PROTECTION UNDER SECTION 3(5)

• The Act is not applicable if the conditions prescribed under section 3 (5) are satisfied namely
• the purchaser must be landless poor person.
• the purchase must be in good faith and for valuable consideration.
• the purchase must be from the original assignee or from the transferee prior to the commencement of this Act.
• But the burden caste on the purchaser of assigned land claiming exemption under Sec. 3(5).

CONDITION OF NON-ALIENATION

• The Act cannot be invoked in the following cases as per the decisions of the Courts.

Where prohibition against alienation is exhausted by

efflux of time before the commencement of the Act.

If there is no prohibition against alienation when assignment was made. Therefore condition of non- alienation is essential ingredient of assigned land.

Sale of land assigned under Loani Rules 1950 without a condition of non-alienability.

If a person is in possession of the land for more than 30 years prior to commencement of the Act he acquires perfected title by adverse possession against the Govt. Therefore the transferee of Assigned Lands who has perfected title by the date of the commence of the Act has to be held to be outside the purview of the Act. (Mandlappa case 1977 (2) ALD 177 (DB) 1997 (3) ALT 162

Condition prohibiting alienation imposed for the first time

in the year 1954. Hence would not operate the Assignments made earlier thereto. Further purchaser of Assigned Lands acquires ownership rights by prescription if he enjoys position of said land for 30 years. Purchaser of an Assigned Lands virtually enjoys the possession adverse to the interest of the Govt. and with the expiry of 30 years stipulated under the Limitation Act 1963, he acquires ownership rights by way of prescription (KM Kammanulla Basha and others V/s Dist. Collector, Chittoor and other 2009 (3)ALD 385-2009 (1) LS 335.)

Will :- Testamentary disposition is permissible under POT Act. However such this position cannot be in favour of a stranger. Sister’s son was held to be a stranger to the family. (Chenna Reddy V. Venkata Reddy 2004 (1) ALT 406

See also K. Yesurathnam V/s CLR, AP 1997 ALT 829).

• In several cases with regard to Government land

assigned under various categories, NOCs are being indiscriminately issued by the Tahsildars, RDOs and the District Administration contrary to the instructions issued by misrepresenting the Rules and NOCs are being issued to facilitate illegal allottees/assignees to sell the valuable land.

Government therefore directed that no NOC should be issued the Tahsildar, RDOs and District Level Officer until the matter is examined and decision taken in this regard. (Govt. Memo No. 21307/ASSN-1(1)/2012, dt. 09.05.2012).

CONSEQUENCES OF BREACH OF PROVISIONS

While section 3 of the Act imposes certain prohibitions for transferring the assigned lands, Section 4 of the Act provides for consequences of breach of the provisions of Section 3. If there is a violation of the section 3 i.e. alienation of the assigned land, then only section 4 comes into operation.

• U/s 4 the Tahsildar can take possession of the assigned lands in cases of the contravention of provisions of sub sections (1) of Section 3 of the Act after evicting the person in possession and  reassign  the said resumed land other than those lands / areas as may be notified by the Govt. from time to time in public interest and for public purpose of the transferee who purchased the land in good faith and for valuable consideration on or before 29.01.2007 subject to the condition that he

/ she is landless poor persons and he is in occupation of the land by using the said land for agriculture or house site as on the date of taking possession by eviction.

• Provided that the reassignment in case of transferee shall be limited to only such an extent that the total holding of the re assignee including any other land held by him does not exceed 5.00 Acres of dry or 2 ½ Ares of Wet.
• Provided further that where the transferee who have purchased the land and got re-assignment or his legal heir, transfers the re-assigned land the land shall be resume for assignment two other eligible landless poor.

Restore  the said assigned land to the original assignee if it is not notified by Govt. for public purpose subject to condition that he is landless poor person as on the date of restoration for one time.

Assigned  to other eligible landless poor persons..

Provided that the restoration shall be limited to only such an extent including any other land held by him does not exceed 5.00 Acres of dry or 2 ½ Acres wet.

Provided further that where the original assignee or his legal heir after first restoration transfers the assigned land, the land shall be resumed for assignment to other eligible landless poor.

Provided also if no eligible landless poor persons are available in the village the resumed land will be utilized for public purpose.

Explanation :- For the purpose of this clause public interest and public purpose mean and include the weaker section housing public utility, infrastructure development, promotion of industries and tourism or for any other public purpose. (Amended Act 2008).

RESUMPTION OF ASSIGNED LANDS

• The Act is a self contained Act. Where any assignee has violated any conditions of the assignment, the authority has got jurisdiction to take action for resumption of the land under section 4 (1)(b). After the Act has been enacted, acting in accordance with G.O.Ms.No. 1142 amounts to acting contrary to the legislative in relation to resumption. The executive direction and the legislative enactment both on the topic of resumption cannot co-exist. The Act should prevail over executive instructions. Therefore resumption of assigned land under B.S.O. or any other executive instructions after commencement of the Act is illegal and without jurisdiction.
• Any order passed under sec. 4(1) shall be final subject to decisions in appeal and revision and shall not be questioned in any court of Law and no injunction shall be granted by the Court (Sec. 4 (4).
• Before taking action under Sec. 4 (1) (a) & (b), the Collector or other Officer has to give a notice to the person sought to be evicted in the prescribed Form I and give him a reasonable opportunity to state his case and pass orders.

APPEALS AND REVISIONS (SEC. 4 (A) & 4 (B).

• Section 4 A (1) provides for an appeal against the orders of the Mandal Revenue Officer to Revenue Divisional Officer within 90 days from the date of receipt of the order. Section 4 A (2) provides another appeal to the District Collector against the order of the Revenue Divisional Officer. There is a provision for Revision also to the District Collector and Govt. under section 4 B (1).

PROHIBITION OF REGISTRATION OF ASSIGNED LANDS:

• U/s 5(1) of the newly amended Act, District Collector or any other Officer not below the rank of Tahsildar to be authorized by him in this behalf requires to furnish a list of lands Assigned to landless poor persons with all particulars of Assignment within 45 days from the date of commencement of amended Act to Registering Officer.
• U/s. 5(2) no Registration Officer shall accept for register of any document relating to transfer of or creation of any interest in any assigned land as furnished in the list U/s. 5(1).

PENAL PROVISION (SEC. 7)

• Whoever acquires the land assigned is liable to be punished with imprisonment which may extend to 6 months or with fine which may extend to Rs. 2000/- or with both.
• Whoever opposes or impedes the District Collector or any person authorised in taking possession of any Assigned Land is liable to be punished with imprisonment which may extend to six months or with fine which may extend to Rs. 5000/- or with both.
• Under this section prosecution is not maintainable if the sanction of the District Collector against the petitioner is not obtained before launching prosecution.
• Voluntary disclosure and surrender of the assignedland in his possession by any person within 90 days from the commencement of amended act 2007 shall be exempted from prosecution (Proviso U/s. 7 (1))
• Any Officer violating the provisions U/s 1 & 2 of new Sec. 5 shall be punished with imprisonment which may extend 6 months or with fine which may extend to Rs. 10,000/- or with both. (Sec. 7 (2 A) of the amended Act 2007.

Notices in Forms I & II are to be issued to the transferor and the purchaser

Court’s decisions under the A.P. Assigned Lands

(POT) Act 1977

• Except a  testamentary disposition i.e. a will  any transfer whatever name called is totally prohibited –  A will can be executed by the assignee under the Act only in favour of his family members but not to strangers .

The Act totally prohibits induction of strangers to the  family of assignee either during his life time or  thereafter . In cases of adopted son, there must be proof of adoption. (in Katta Yesuratnam V/s CLR, Hyderabad and others, 1993(2) APLJ 444)

• The Act applies to  the assignments & transfers effected even before the commencement of the Act . (1987 (1) ALT 124 (F.B)= 1987(1) APLJ.171 AIR 1987 –A.P. 160 (F.B.)
• When notice was not served on the transferee or the assignee, mere recording of statement does not  conform to the procedure laid down in the Act  nor  can it be said that there was an opportunity  given
• Tahsildar has to give  reasons for holding that the purchase was not in good faith (Chinna Kondayya V/s District Collector (1981) 2 An. W.R. Page 22)

Act 9/77 cannot be invoked .

• Where prohibition against alienation is exhausted by efflux of time before commencement of the Act.
• If there is no prohibition against alienation when assignment was made: -1984 (2) APLJ (S.N)B
• In case if the original assignment was for agricultural purpose and the assignee sold away the land and died, legal heirs of the deceased are not entitled to restoration of possession when they are not agriculturists. (B. Karunakar vs. MRO, Anantapur, 1990(I) An.WR 27 (NRC) – 1990 (2) ALT 62).
• The sale to a landless poor person is prohibited subsequent to the Act came into force either through court auction or private sale. (H. Bazarappa vs. H.C. Ranganna, 2004 (1) An.WR 646 (AP)).
• After amendment Act, 2007, the right of the assignee to seek restoration of land after resumption even if he continues to be landless poor is not absolute. (MRO Vetapalem and another, 2007 (3) ALT 489).
• Attachment of standing crop on assigned land for recovery of amount due from him is not illegal. (M. Gantaiah vs. K. Peddaraju, 2006 (6) ALT 236).
• Cancellation of assignment under BSO 15(18) – The subject relating to assignment and transfer of land was allotted to Joint Collector in G.O.Ms.No. 77, Revenue, dated 22-1-1968. Hence Joint Collector has authority to deal with cancellation of assignment. (M. Venkataratnam vs. J.C. West Godavari, 2006 (2) ALT 44).
• Under Section 4A and 4B of the Act, the Commissioner of Land Administration or any other authority other than Government has not been conferred with any revisional jurisdiction against the order of Joint Collector (B.P.C. Rao vs. Principal Secretary to Govt. 2007 (1) ALT 159).

pot act 1977 in telugu pdf telangana

AP Assigned land pdf

pot act full form

Prohibition of Transfers

Can assigned land be sold in Telangana?

no, but you can lend money from bank. it its purchased before 1977 you can but its still in prohibition list at sub registrar.

Can we buy Lavani Patta land?

What is Gramakantam land in Telangana?

What is lavani patta, how is land acquisition compensation calculated, what is 22a lands.

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Assembly passes nine Bills, including AP Assigned Lands amendment

Original assignees of land, their legal heirs to be allowed to alienate land after 20 years without govt. role.

Updated - September 25, 2023 09:46 pm IST - VIJAYAWADA

The Andhra Pradesh Legislative Assembly passed nine Bills on Monday, with the AP Assigned Lands (Prohibition of Transfers) (Amendment) Bill, 2023, being the key one. 

This Bill facilitates the grant of permissions to the original assignees/his or her legal heirs to alienate the assigned lands after a period of 20 years from the date of assignment as per the prescribed procedure without referring the same to the government. It was stated that in case the adjoining lands are earmarked in the master plan for purposes other than agriculture, the assignees will be paid on par with the current basic value of the lands by the purchasers. 

The Bill also envisaged the payment of compensation for assigned lands acquired for projects long back at par with the landowners who had agreed to part compensation awarded by the courts to which they are not entitled. This Bill is drafted on the basis of recommendations made by a committee headed by the Revenue Minister after duly examining the relevant laws in force in Karnataka, Kerala and Tamil Nadu.

Private varsities

The Assembly passed the AP Private Universities (Establishment and Regulation) (Amendment) Bill, 2023. It is intended to include The Apollo University (TAU) in the University Grants Commission (UGC)’s list of universities consequent to a clarification by Additional Secretary-II of the UGC that a university could be established only by an Act of the Parliament or an Act of the State Legislature as per Section 2(f) of UGC Act 1956. 

The Statement of Objects and Reasons (SoOR) attached with the Bill said separate proposals for the establishment of TAU and Mohan Babu University (MBU) were under the government’s consideration but it is not clear whether the establishment of MBU has been given the green signal. 

The AP Charitable and Hindu Religious Institutions and Endowments (Amendment) Bill, 2023 was passed, enabling the government to periodically revise the lower and upper limits of the incomes of temples classified under Section 6 of the AP Charitable and Hindu Religious Institutions and Endowments Act of 1987, and deals with possession of temple lands by tenants and cancellation of licences thereof subject to the directions of High Court on the basis of their treatment as cognizable, non-bailable and triable offences.

Then the Assembly passed AP Public Service Commission (Entrustment of Additional Functions with respect to the Services of Universities) (Amendment) Bill, 2023. The objective of this Bill is to include the names of certain universities and change the names of some universities in public interest to enable them to avail the services of the APPSC regarding the conduct of written tests, recruitment of teachers and administrative/ministerial staff of the universities. 

Road transport corpn.

AP State Road Transport Corporation (Absorption of Employees into Government Service) (Amendment) Bill, 2023 was passed for amending Section 5 of the Act No. 36 of 2019 to ensure continuity and functioning of the Public Transport Department (PTD) in accordance with the predecessor regime, sustain disciplinary proceedings initiated against delinquent employees of PTD as per the APSRTC Conduct and CCA Regulations and to ensure that there is no vacuum in relation to the conduct of disciplinary proceedings, remove legal complications arising from the notification of regional managers as the appointing authorities issued in 2021, which had since not been brought into effect for the purpose of recruitments, and to provide for future course of action in accordance therewith. 

The other Bills passed are the AP Goods and Services Tax (Amendment) Bill, 2023, AP Motor Vehicles Taxation (Amendment) Bill, AP Motor Vehicles Taxation (Second Amendment) Bill, 2023 and AP Bhoodan and Gramdan (Amendment) Bill, 2023.

Published - September 25, 2023 09:44 pm IST

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The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2019.

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• Supreme Court

 Appeals under the Armed Forces Tribunal Act, 2007

This article is written by Teledevara Suryamegha, pursuing a  Executive Certificate Course in Introduction to Legal Drafting  from  LawSikho .

Introduction

The Armed Forces Tribunal Act was enacted with an aim to ensure a prompt trial of disputes, complaints and settling matters in relation to enrolment, appointment, commission and the terms of the service of an individual subject to  the Air Force Act 1950, Navy Act, 1957  and the  Army Act, 1950  by   the  Armed Forces Tribunal. The Act is applicable to the individuals within the preview of the aforementioned acts and as well as the retired individuals who incorporate their replacements, dependants and beneficiaries, in relation to the service matters. The Tribunal as per the provision of the Act is a quasi-judicial body established to resolve the issues arising out of service and disciplinary matters, especially for the individuals working in Army, Air Force and Navy. The tribunal has the power to pass orders and judgements. Clearly, its functions are like that of the Central Administrative Tribunal. 

Table of Contents

Section 30 and 31 of the Act

The crucial sections at issue were Sections 30 and 31, which provided for appeals from the orders of the Tribunal. Section 30 states:

An individual has a right to appeal against the order passed by the tribunal subject to the provisions of section 31 of the Act. The section also states that the individual cannot claim the right to appeal if an order is passed as per section 19 of the Act.

Section 31 likewise states: 

An individual has to obtain a special permission to be heard, by filing an appeal before the Hon’ble Supreme court. The court shall entertain such appeals unless it is certified by the tribunal that the question of law in the appeal needs further interpretation of law or involves general public importance. Therefore it can be understood that Sections 30 and 31 of the Act gives the individual right of Appeal.  

The Hon’ble Supreme Court in  Union of India Vs. Brigadier P.S. Gill  has analysed the method for preferring an appeal against a final judgement or order passed by the Tribunal to the Supreme Court. The court also held that the parties have to obtain the special permission to challenge the order passed by the tribunal in the superior court. The question one must focus on is whether the aggrieved party under the act has the right to appeal before the Hon’ble Supreme Court without following the procedure prescribed under the Act. While analysing the procedural necessities for filing an appeal to the Hon’ble Supreme Court the court held as under;” 

A typical inquiry of law concerning the viability of an allure under the steady gaze of this Court against an official conclusion and additionally request of the Armed Forces Tribunal emerges for thought in these two offers that imply to have been documented under Section 30 of the Armed Forces Tribunal Act, 2007.” The inquiry accurately is whether an abused gathering can record an allure against any such ultimate choice or request of the Tribunal under Section 30 of the Act previously mentioned under the steady gaze of this Court without taking the hotel to the method recommended under Section 31 thereof. In as much as Section 31 accommodates an appeal to this Court either with the special permission of the Tribunal or with the Court, no outright right of appeal against even an order or decision is accessible to the bothered party aside from in situations where the request passed by the Tribunal is in exercise of its jurisdiction to conduct trial with respect to contempt cases. 

A plain perusal of Section 30 would show that similar beginnings with the articulation “subject to the arrangement of Section 31”. Given their conventional importance there is no refuting that an appeal will deceive this Court just as per the arrangements of Section 31. It is likewise clear from a plain perusing of sub-area (2) of Section 30 (supra) that dissimilar to other decisions and final orders of the Tribunal, those passed in exercise of the Tribunal’s purview to rebuff for scorn are appealable starting at right. The Parliament has made an unmistakable qualification between situations where an appeal lies as an issue of right and others where it lies subject to the arrangements of Section 31. Section 31 of the Act of Act explicitly accommodates an appeal to the Supreme Court yet specifies two unmistakable courses for such an appeal. 

The principal course to this Court is endorsed by the Tribunal giving leave to record such an appeal. This suggests that Section 31 doesn’t make a vested, indefeasible or total right of recording an appeal to this Court against a last request or choice of the Tribunal to this Court. Such an appeal must be gone before by the leave of the Tribunal and such leave should thus be gone before by an authentication by the Tribunal that a state of law of overall population significance is associated with the appeal. The second and the only other course to get to this Court is additionally found in Section 31(1) itself.

Armed forces Act – exception to the Basic Structure

In a significant help to safeguard litigants, the Supreme Court has re-established the option to challenge decisions of the Armed Forces Tribunal (AFT) in the high courts. The Hon’ble Supreme Court decided in 2015 that high courts must not practice writ purview over AFT requests since the cure of an immediate appeal to the SC was given in the AFT Act. The Supreme Court held in  Union of India vs Major General Shri Kant Sharma   that Sections 30 and 31 of the aforementioned Act effectively excluded the jurisdiction of the High Courts to hear petitions challenging orders of the Armed Forces Tribunal. This judgment is worth a close scrutiny, because while it seems to carve out an exception to the well-accepted rule that judicial review is part of the basic structure, the Supreme Court  expressly  denied that to be the basis of its decision. 

The question before the Court was whether Sections 30 and 31 barred the jurisdiction of the High Courts from hearing petitions (under 226/227) against the orders of the Armed Forces Tribunal. It is obvious from the text of the Act that purview of the Tribunal established under the Armed Forces Tribunal Act is in replacement of the jurisdiction of Civil Court and the High Court . But there is a serious problem here. And that is the judgment of L. Chandra Kumar . In that case, as is well-known, a seven-judge bench of the Supreme Court held that Tribunals, as they were constituted and functioning, could act complementary to the High Courts, but  not  as substitutes. This has been a constant position of law. 

In its recent judgment, striking down the National Tax Tribunals, the Supreme Court based its entire analysis on a detailed demonstration of how the Tribunals lacked the  essential  qualities of the Courts (judicial independence etc.), that would allow them to serve as effective substitutes. Alluding to an order passed by a seven-judge Bench, the SC saw on account of Balkrishna Ram versus Union of India that the writ jurisdiction of high courts over tribunals can’t be removed by an administrative or protected alteration and the 2015 judgment by a Bench of two appointed authorities can’t overrule the law previously set down. The SC has likewise held that the cure of an immediate appeal from the AFT to the SC would be “very troublesome and past the money related reach of a conventional disputant”. 

The 2015 choice had essentially delivered disputants remedy-less since according to the AFT Act an appeal to the SC lies just in restricted situations where “a state of law of overall population significance” is included. Therefore, the requests had for all intents and purposes changed over the AFT into the first and last court for serving and resigned military staff, while regular citizen representatives and retired people could challenge decisions of the Central Administrative Tribunal (CAT) in the HC and afterward in SC.

Points to be included while drafting an Appeal

• Whether appeal lies
• Whether any claim had remained to be raised – fresh plea 
• Widest possible ground 
• Alternative plea, without prejudice grounds 
• Grounds should not be argumentative 
• Statement of facts 
• Who has to file and sign the appeal 
• Who will be the respondent 
• Application for stay 
• Reply to show cause notice

Regardless, whatever the merits of the bizarre circumstances, different issues with the judgment remain. The Supreme Court has denied individuals of the armed forces a significant constitutional remedy against the infringement of their privileges. It’s legitimization for doing as such, I would propose with deference, is unconvincing.

• https://indconlawphil.wordpress.com/2015/03/14/carving-out-an-exception-to-the-basic-structure-the-supreme-courts-judgment-on-judicial-review-and-the-armed-forces-tribunal/
• https://www.tribuneindia.com/news/punjab/sc-restores-hc-jurisdiction-over-aft-orders-24900
• https://www.moneylife.in/article/sc-decision-on-aft-curtails-right-to-effective-justice-for-defense-personnel-veterans/40787.html

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© The Sun   (Used by permission) by Roger Tan

(The full version of this Q & A meant for members of the Bar can be downloaded here ) The Housing Development (Control and Licensing) (Amendment) Act 2007 (“Amendment Act”) which amended the Housing Development (Control and Licensing) Act 1966 (“Act 118”) came into force on April 12, 2007. Since then, the Conveyancing Practice Committee of the Bar Council (“CPC”) has received numerous queries from lawyers, developers and the public on the operation of some of the amendments. While it is not the policy of CPC to proffer any legal opinion on questions of law posed to them, the CPC has decided that in order to assist the affected parties and subject to the disclaimer below, our views on some of the queries are as follows:

Section 22D(1)of Act 118 stipulates beyond any doubt that the consent of the developer is not required for the absolute assignment of rights or interests in a housing accommodation. In a case where the developer is not the proprietor of the land, is it necessary to obtain the proprietor’s consent to the assignment? As the consent of the proprietor to an assignment was not required before the amendment, it is also, therefore, not required after the amendment. The CPC is of the view that an absolute assignment is good if served by way of a notice pursuant to section 4(3) of the Civil Law Act 1956. What section 22D seeks to do is to restate the position of the law and to provide penal sanctions against a developer who requires consent to an assignment. The CPC notes that under both the current Schedules G and H agreements, the duty to obtain the issue document of title or the strata title, as the case may be, and to deliver the same together with an instrument of transfer lies with the developer. The CPC also notes that in a case of a sale of property for which no title has been issued at the time of sale and the developer is not the proprietor of the land, it has been the practice of solicitors for the purchaser or the purchaser’s financier to obtain the proprietor’s undertaking to deliver the issue document of title to the purchaser or the financier, when issued. It would therefore be prudent for a purchaser or financier to give notice of assignment to the proprietor as well, in which case, the undertaking from the proprietor to deliver title when issued is no longer necessary. To reinforce this point, the amended Schedules G & H should be brought in line with section 22D by expressly stipulating that a purchaser may assign his rights and benefits under the sale and purchase agreement after the completion date without the consent of either the developer or the proprietor. Since the developer’s consent has been dispensed with, there is no longer a need for the consent page to the deed of assignment between the assignor (vendor) and the assignee (purchaser). However, the consent page normally contains an undertaking by the developer to deliver the strata title and a valid and registrable instrument of transfer thereof in favour of the assignee. Is it necessary to request the developer to issue an undertaking by way of a separate letter to the new purchaser or to the new purchaser’s financier? The obligation of the developer to deliver the strata title when issued together with the instrument of transfer and the right of the first purchaser to the same is already set out in clause 11 of the Schedule H agreement. In an assignment from a first purchaser to a second purchaser, all the rights and interests of the first purchaser are assigned to the second purchaser. When the second purchaser requires financing, all the rights and interests which he obtained from the first purchaser are in turn assigned to the second purchaser’s financier. Hence no further undertaking from the developer, by way of a separate letter or otherwise, is necessary. Section 22(D)(4) states that the purchaser or his financier or their respective solicitors may request for the necessary confirmation from the developer, subject to payment of a fee not exceeding RM50 for every request for confirmation. Previously, it has been a normal practice to require the vendor to apply for the developer's consent, at the vendor's own cost and expense, and the developer's administrative fee usually includes the replies or confirmations made to the relevant solicitors. Section 22(D)(4) provides that the purchaser should pay the RM50.00 for every request made. Shouldn't the vendor be paying for this? The law now requires the purchaser to seek the necessary confirmation from the developer, and to pay to the developer for every request made. The Vendor is not required to pay for this. In a sub–sale transaction, the SPA was signed before April 12 and the developer has given its conditional consent before April 12. The developer's consent was conditional, inter alia, upon: (i) the vendor paying the administrative charges of RM500.00; (ii) the purchaser signing a fresh deed of mutual covenants with the developer; and (iii) the developer endorsing its consent on the deed of assignment. All these conditions have not been complied with by the vendor and purchaser at this moment. 1. Is the developer's consent or the endorsement of its consent on the deed of assignment still required in the above case? 2. Do the vendor and the purchaser still need to comply with the developer's conditions imposed before April 12, since the developer is now not permitted to impose any conditions under the section 22D? 3. Can the developer still insist on the compliance by the vendor and the purchaser of its conditions which were imposed before the section 22D came into force? The answer to all the above three questions is “No”. If an application had been made for the developer’s consent before April 12, and all the conditions and payments imposed or required by the developer have been fulfilled or paid, and the developer had endorsed its consent to the deed of assignment before April 12, then the parties to the transaction should continue and complete the transaction accordingly. If the developer’s consent, conditional or otherwise, was granted before April 12, and the conditions or payments imposed or required have not been fulfilled or paid and the developer has not endorsed its consent on the assignment, then the pursuit of the developer’s consent should be abandoned as it no longer required. Parties are, however, required to comply with section 22(D)(2) and 22(D)(4). After April 12, no developer is permitted to require any consent, and this will include endorsement of any consent granted before April 12. It follows that as the breach can only occur after April 12, the question of whether the legislation has any retrospective effect does not arise. In a sub–sale of property where the individual strata title has not been issued, in view of the new section 22D, please confirm the conditions precedent to such an agreement (if any) as we are of the view that the vendor should obtain the developer’s written confirmation on the status or details of the property before the completion period can commence. Before the Amendment Act, it had been the practice to require the vendor to obtain the developer’s consent and the obtaining of such consent is usually made a condition precedent to the completion of a sale and purchase transaction. After the amendment, there should be no longer any condition precedent relating to obtaining the developer’s consent. However this should not affect the requirement of other consents from any other relevant body or authority required under any other written law, which may continue to be made as conditions precedent. The amendment refers to any sub–sale or re–financing. In direct purchases from a developer, is the developer’s endorsement of consent necessary for the Deed of Assignment (by way of security)? Section 22(D) applies to all these cases: (a) financing of the acquisition by the first purchaser from the developer; (b) sub–sale between the first purchaser and the second purchaser and purchasers subsequent thereto; and (c) financing of the acquisition by the second purchaser and purchasers subsequent thereto. Is the consent of the developer still required for a Deed of Receipt and Reassignment? A Deed of Receipt and Reassignment is essentially an instrument where the financier assigns the rights and interests back to the purchaser/borrower. As such, consent of the developer is not required. No amendments have yet been made to the Schedule G and H agreement under the 1989 Regulations. The existing provisions in the Schedule G and H SPA state that the developer shall endorse its consent to the purchaser’s assignment to any third party and charge an administrative fee of RM500 or 0.5% of the purchase price whichever shall be lower. In the event of a sub–sale of a property where no individual document of title has been issued, the principal SPA (whether under Schedule G or H) having such exiting provisions would be inconsistent with the Amendment Act. Are the parties still bound by the existing provisions? We understand the amended Regulations are expected to be out soon. In the meantime, where there is inconsistency, the parent Act will prevail, meaning that from April 12, no consent is required and no administrative fee is required to be paid. Does the definition of “housing accommodation” in the amended Act include serviced suites or apartments? If the serviced suites or serviced apartments are intended for human habitation or partly for human habitation and partly for business premises, then they will fall within the definition of housing accommodation as amended. It does not matter if the accommodation is erected on a land designated or approved for commercial development as the Amendment Act has removed these words from the definition of housing accommodation inserted by the 2002 Amendment Act. Does Section 22(D) apply to a housing development undertaken by DBKL, Perbadanan Kemajuan Negeri Selangor (PKNS) or the Perbadanan Kemajuan of other States? Unless exempted by the Minister under section 2(2), all housing developers have to comply with Act 118 since 2002. Prior to December 1, 2002, Act 118 did not apply to any society registered or incorporated under any written law relating to co–operative societies and any body or agency established and incorporated by statute and under the control of the Federal Government or the Government of any State. The writer is the Chairman of the Conveyancing Practice Committee, Bar Council Malaysia www.malaysianbar.org.my Note: This column is brought to you by the Malaysian Bar Council for your information only. It does not constitute legal advice. You should therefore seek professional legal advice for your specific needs. Neither the Malaysian Bar nor the Sun Media Corp Sdn Bhd shall be liable to any reader who suffers losses as a result of relying on this column.

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Childcare Amendment Act, 2007 Essay Sample

The following sample work shall highlight on the Childcare Amendment Act, 2007 which was introduced in relation to other already existing acts of childcare. It amends mainly the Child Care Act 1991 and the Children Act 2001 and other existing acts.

• The Child Care Act 1991 is a wide piece of legislation that seeks to promote the welfare of children who may not receive adequate care and protection. This includes care orders and proceedings for the welfare of children. It provides special care and protection and also provides foster care.
• The Children Act 2001 is an Act that is based on the criminal behaviour,  justice system, and rehabilitation for children in Ireland.
• The Childcare Act Amendment Act 2007 is introduced to amend the Childcare Act 1991 and make consequential and other amendments to the Children Act 2001 and provide for related matters.
• The Childcare Amendment Act, 2007 is an Act to amend the Childcare Act 1991 to enable foster care parents and relatives who have been taking care of the child. It is for a period of not less than 5 years to apply for a court order in relation to the care of the child and to provide for related matters.
• It is a revised Act that is an administrative consolidation of the Childcare Amendment Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 to keep the law under review and to undertake revision and consolidation of statute law.

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The composition of the legal sections under Part II and Part III of The Child Care Amendment Act, 2007

• The Part II of The Child Care Amendment Act, 2007 covers the legal provisions amendments of the Principle Act of Child Care Act, 1991. It ranges from Section 3 to Section 13 mostly including substitution and amendments of various legal provisions of the Child Care Act.
• Part III of The Childcare Amendment Act 2007 ranges from section 14 to section 21.

Provisions from Section 15 to Section 20

• Section 15 of the Childcare Amendment Act 2007 includes an amendment of section 16 of Children Act 2001. It repeals it only to the extent that it provides for the insertion of section 23D, as set out in such section 16, into the Childcare Act 1991.
• Section 16 states that section 76(1)(c) inserted by section 132 of the Criminal Justice Act, 2006 of the Act of 2001. It is amended by deleting and pending its outcome, to make an emergency care order or a supervision order under the Act of 1991 in respect of the child.
• Section 17 of the Childcare Amendment Act 2007 states that section 77(1) of the Children act 2001 is amended in this.
• Section 18 – Section225(1) of the Act of 2001 is amended in the definition of “Board” by relevant insertion of section.
• Section 19 – The following section is inserted in the Act of 2001 for introducing the Children Acts Advisory Board.
• Section 20 – section 227 of the Act of 2001 is repealed and the following section is substituted. It defines the functions of the Board.

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Foster placements and Child Care Amendment Act, 2007

In Ireland fostering means taking care of someone else’s child in their own home. It offers alternative family care to children whose parents cannot provide for them adequately in their own families.

When a child is taken from the family home they are the responsibility of the state and the Health Service Executive to promote the welfare of the children in care.

An important principle of foster care is to maintain and develop relations between the child in care and their own family as well as a foster family.

There is a continuous appeal for an improved status of foster carers for contribution to working with children. The importance of treating the foster carers as great professionals has been affirmed as Childcare Amendment Act 2007 will provide a path to promote their status.

The child welfare and protection in the Department of Health and children is responsible for the formulation and monitoring of policies in relation to foster care.

Child Care Amendment Act, 2007 in the context of childcare and foster

The Child Care Amendment Act, 2007 allows a foster carer who has a child in their care for a continuous period of 5 years or more to apply for a court order regarding the care of the child.

The purpose of the Childcare Amendment Act 2007 is to give foster carers and foster relatives increased autonomy for long-term care. It is important to clarify that while the measures set out in the new legislation are significant to the care of the children, the Act does not involve major fundamental changes to foster care.

The introduction of new legislation, the Childcare Amendment Act 2007 means that the position of the foster carer is undoubtedly strengthened as a result of the acquirement of rights over children.

Under this Child Care Act, 1991 section 37 states that the HSE shall facilitate reasonable access to a child in care by his or her parents or any other person who may have a bona fide interest in the child.

The Child Care Amendment Act 2007 has emerged as a contentious document. It is evident in recent policies that there is an increasing emphasis on the welfare of the child. The Act may challenge parents’ rights and even children’s rights in some situations.

The 2007 Act does give foster carers new rights for the first time regarding children in care. However, if the provisions of the Act were implemented with the appropriate resources and assessment then significant achievements could be made.

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The sample is written with the purpose of targeting the Law, Childcare Development, and Wellbeing students. This essay is based on the Child Care Amendment Act of 2007. Any student of Level 6 of QQI who has childcare assignments to be submitted to the college before the deadline could refer to this sample.

Law students could benefit from this sample to write legal assignments based on Childcare Act, 1991, Children Act, 2001, and other Amendment Acts. It highlights government social policies for childcare and development (such as ECCE Scheme, Ainstear, and Siolta).

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The United States Court of Federal Claims recently reaffirmed the applicability of two exceptions to the Anti-Assignment Act (the “Act”).  Liberty Ammunition, Inc. v. United States , 2011 WL 5150221 (Fed. Cl. Oct. 31, 2011). Specifically, the Court acknowledged that (1) the Government may prospectively waive the Act, and (2) the Act does not prohibit the transfer of an agreement where the transfer occurs by operation of law.  Id. at *6-8. Notably, the Court’s decision provides further guidance for contractors undertaking corporate reorganizations and/or examining whether a particular acquisition transaction requires the execution of a novation agreement. We previously discussed the novation requirements here .

In Liberty Ammunition , the plaintiff argued, in pertinent part, that the Government infringed upon its patent for an environmentally friendly bullet and violated several non-disclosure agreements (“NDAs” or “Agreements”).  Id. at *1. The NDAs in question contained the following anti-assignment provision: 

Neither party may sell, transfer, or assign this Agreement except to entities completely controlling or controlled by that Party or to entities acquiring all or substantially all of its assets, without the prior consent of the other.

Id. at *2. The plaintiff’s company had undergone a series of transformations/reorganizations since the time the plaintiff initially entered into the NDAs.  Id.  The Government moved to dismiss the plaintiff’s Complaint, in part, because it alleged that the Act barred the transfer of the Agreements.  Id. at *4.  As such, the Government argued, the plaintiff lacked privity of contract with the Government, which deprived the Court of subject matter jurisdiction.  Id.

The Court denied the Government’s motion to dismiss because the plaintiff presented a prima facie case that it may qualify for two exceptions to the Act.  Id. at *6.

First , the Court explained that the Government may waive the Act’s proscriptions.  Id.  The Court relied on the anti-assignment provision in the NDAs allowing for sale, transfer or assignment without the counterparty’s consent in certain circumstances.  Id.  The Court rejected the Government’s position that the Act may be waived only “after the fact.”  Id.  After analyzing the applicable case law, the Court concluded that the Government may prospectively waive the requirements of the Act.  Id. at *6-7.

Second , the Court relied on another exception to the Anti-Assignment Act – i.e. , where the transfer occurs “by operation of law.”  Id. at *7. The plaintiff in Liberty Ammunition alleged that the transfers did not require Government consent since the transactions at issue involved all of the Company’s assets or were the result of corporate reorganizations.  Id.  The Court noted that, in certain acquisition transactions, “the contract with the [g]overnment continues with essentially the same entity, which has undergone a change in its corporate form or ownership.”  Id. (quoting L-3 Commc’ns Integrated Sys., L.P. v. United States , 84 Fed. Cl. 768, 777 (2008)). The Court, thus, concluded that these allegations were sufficient to defeat the Government’s motion to dismiss.  Id.

While these counts survived the Government’s motion to dismiss, it remains to be seen whether the plaintiff can meet its burden of proof on the merits.  Id. at *8. Nevertheless, the Court’s holding reaffirms the validity of two exceptions to the Act and is consistent with the principle that the Government may waive the Act’s proscriptions since the Act is intended to benefit the Government. It also may prove useful for contractors undertaking a corporate reorganization and/or determining whether a novation agreement is required in connection with a particular acquisition transaction. However, as we have said before, a contractor’s best bet is to engage the Contracting Officer early in the process and to get his/her opinion about whether a novation agreement is required. After all, an executed novation agreement provides the contractor with the Government’s “stamp of approval” for the transfer in the event a question should arise further down the road

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

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H.R. 9713: To amend the Energy Independence and Security Act of 2007 to expand and reauthorize the United States-Israel Energy Cooperation program, and for other purposes.

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Introduced on Sep 19, 2024

This bill is in the first stage of the legislative process. It was introduced into Congress on September 19, 2024. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.

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Debbie Wasserman Schultz

Representative for Florida's 25th congressional district

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3 Cosponsors (2 Republicans, 1 Democrat)

H.R. 9713 is a bill in the United States Congress.

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To amend the Energy Independence and Security Act of 2007 to expand and reauthorize the United States-Israel Energy Cooperation program, and for other purposes, H.R. 9713, 118th Cong. (2024).

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