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Chapter: 14
Section: 196
Section Title: Prosecution for offences against the State and for criminal conspiracy to commit such offence
Description:
No Court shall take cognizance of—
any offence punishable under Chapter VI or under section 153A, section 295A or Sub-Section (1) of section 505 of the Indian Penal Code (45 of 1860), or
a criminal conspiracy to commit such offence, or
any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860),
except with the previous sanction of the Central Government or of the State Government.
1A. No Court shall take cognizance of—
a. any offence punishable under section 153B or Sub-Section (2) or Sub-Section (3) of section 505 of the Indian Penal Code (45 of 1860), or
b. a criminal conspiracy to commit such offence,
Except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.
No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceeding;
Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary.
The Central Government or the State Government may, before according sanction under Sub-Section (1) or Sub-Section (1A) and the District Magistrate may, before according sanction under Sub-Section (1A) and the State Government or the District Magistrate may, before giving consent under Sub-Section (2), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in Sub-Section (3) of section 155. |
Section 413: Description of IPC Section 413
According to section 413 of Indian penal code, Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
IPC 413 in Simple Words
If someone regularly receives or trades stolen property knowing that it is stolen, they can be punished with imprisonment for life or up to ten years, and may also face a fine.
Cited by
Ranjitsing Brahmajeetsing vs State Of Maharashtra and Anr
Rakesh Kumar Paul vs State Of Assam
Dharminder Singh at Vijay Singh vs State
Ram Naresh Prasad vs State Of Jharkhand and Ors
Vaman Narain Ghiya vs State Of Rajasthan Habitually dealing in stolen property Imprisonment for Life or 10 Years + Fine Cognizable Non-Bailable Court of Session |
30% 20% 20% 1207 29 00 -- Other kg. 30% 20% 1207 30 - Castor oil seeds: 1207 30 10 - - - Of seed quality kg. 30% 20% 1207 30 90 - -- Other kg. 30% 20% 1207 40 - Sesamum seeds: 1207 40 10 - - - Of seed quality kg. 30% 20% 1207 40 90 - -- Other kg. 30% 20% 1207 50 - Mustard seeds: 1207 50 10 - - - Of seed quality kg. 30% 20% 1207 50 90 - -- Other kg. 30% 20% 1207 60 - Safflower (Carthamus tincto rius) seeds: 1207 60 10 - - - Of seed quality kg. 30% 20% 1207 60 90 - -- Other kg. 30% 20% 1207 70 - Melon seeds: 1207 70 10 - - - Of seed quality kg. 30% 20% 1207 70 90 1207 91 00 - - - - -- Other Other : Poppy seeds kg. kg. 30% 20% 20% 60% 1207 99 -- Other : 1207 99 10 --- Ajams kg. 30% 20% 1207 99 20 --- Mango kernel kg. 30% 20% 1207 99 30 --- Niger seed kg. 30% 20% 1207 99 40 --- Kokam kg. 30% 20% 1207 99 90 --- Other kg. 30% 20% 1208 FLOURS AND MEALS OF OIL SEEDS OR OLEAGINOU S FRUITS , OTHER THAN THOSE OF MUSTARD 1208 10 00 - Of soya beans kg. 30% - 1208 90 00 - Other kg. 30% - 1209 SEEDS , FRUIT AND SPORES , OF A KIND USED FOR SOWING 1209 10 00 1209 21 00 - - - - Sugar beet seeds Seeds of forage plants : Lucerne (alfalfa) seeds kg. kg. 30% 30% - - 1209 22 00 - - Clover ( Trifolium spp. ) seeds kg. 30% - 1209 23 00 - - Fescue seeds kg. 30% - 1209 24 00 - - Kentucky blue grass ( Poa pratensis L. ) seeds kg. 30% - 1209 25 00 - - Rye grass ( Lolium multiflorum Lam. , Lolium perenne L .) seeds kg. 30% - SECTION -II CHAPTER -12 (1) (2) (3) (4) (5) |
the University. (2) The constitution of the Executive Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes: Provided that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court. 22. Academic Council. — (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provision s of this Act, the S tatutes and the Ordinances, c o-ordinate and exercise general supe rvision over the academic policies of the University . (2) The constitution of the Academic Co uncil, the term of office of its members and its powers and function s shall be prescribed by the Statutes: Provided that such number of members as may be prescribe d by the Statutes shall be from among the elected members of the Court. 23. Boards of Studies. —The constitution, powers and function of the Boards of Studies shall be prescribed by the Statutes. 24. Finance Committee. —The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes. 25. Other authorities of University. —The constitution, powers and functions of other authorities, as m ay be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes. 26. Powers to make Statutes. —Subje ct to the provision of this Act, the Statutes may provide for all or any of the following matters, namely: – (a) the constitution, powers and functions of authorities and other bodies of the University, as may be constituted from time to time; (b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of te achers, academic staff and other employees of the University, their emolument s and conditions of service; |
Chapter: 10
Section: 106
Section Title: Reasonable time of giving notice of dishonour
Description:
If the holder and the party to whom notice of dishonour is given carry on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is despatched by the next post or on the day next after the day of dishonour.
If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is despatched in time to reach its destination on the day next after the day of dishonour. |
Section 311: Description of IPC Section 311
According to section 311 of Indian penal code, Whoever is a thug, shall be punished with imprisonment for life, and shall also be liable to fine.
IPC 311 in Simple Words
Section 311 of the Indian Penal Code states that anyone who is a thug can be punished with life imprisonment and may also be fined.
Cited by
Somasundaram at Somu vs State Rep By Dy Comm Of Police
Mohd Hussain at Julfikar Ali vs The State Govt Of Nct Delhi
Pooja Pal vs Union Of India And Ors
Rama Paswan and Ors vs State Of Jharkhand
Iddar and Ors vs Aabida and Anr OffencePunishment Being a thug Imprisonment for life and Fine Cognizable Non-Bailable |
Section 211: Power to levy fee
Description:
Any rule which the Central Government or the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary:
Provided that the Government may, if it considers necessary so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full. |
giving him a reasonable opportunity of being heard, by order in writing impose upon him by way of penalty a sum not exceeding one -and-a-half times 3[the tax which would have been levied under sub-section ( 2) of section 8 in respect of the sale to him of the goods, if the sale had been a sale falling within that sub -section]: Provided that no prosecution for an offence under section 10 shall be instituted in respect of the same facts on which a pe nalty has b een imposed under this section. 4[(2) The penalty imposed upon any dealer under sub -section ( 1) shall be collected by the Government of India in the manner provided in sub -section ( 2) of section 9 — (a) in the case of an offence falling under cla use ( b) or clause ( d) of section 10, in the State in which the person purchasing the goods obtained the form prescribed for the purposes of 5[sub-section (4) of section 8] in connection with the purchase of such goods; (b) in the case of an offence fallin g under clause ( c) of section 10, in the State in which the person purchasing the goods should have registered himself if the offence had not been committed.] 11. Cognizance of offences .—(1) No court shall take cognizance of any offence punishable under this Act or the rules made there under except with the previous sanction of the Government within the local limits of whose jurisdiction the offence has been committed or of such officer of that Government as it may, by general or special order, specify in th is behalf; and no court inferior to that of a presidency magistrate or a magistrate of the first class shall try and such offence . (2) All offences punishable under this Act shall be cognizable and bailable. 12. Indemnity .—No suit, prosecution or other leg al proceeding shall lie against any officer of Government for anything which is in good faith done or intended to be done under this Act o r the rules made |
National Capital Region and the Central Government may, by notification, after consultation with the State Government, extend this Act to such other metrop olitan area and metropolitan city, except the metropolitan city of Calcutta, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to that metropolitan area or metropolitan city accordi ngly.] (3) It shall be deemed to have come into force on the 29th day of October, 2002. 2. Definitions .—(1) In this Act, unless t he context otherwise requires, — 3[(a) “Central Government ”, in relation to technical planning and safety of metro railways, mea ns the Ministry of the Government of India dealing with Railways; (aa) “Claims Commissioner ” means a Claims Commissioner appointed under section 48;] (b) “Commissioner ” means the Commissioner of the Metro Railway Safety appointed under section 7; (c) “deve lopment ” with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change on any building, or land, or planting of any tree on land and includes rede velopment; (d) “electric supply -line” shall have the meaning assigned to it under clause ( f) of section 2 of the Indian Electricity Act, 1910 (9 of 1910); (e) “fare” means the charge levied for the carriage of passengers; (f) “Government metro railway ” means a metro railway owned by the Central Government; (g) “land” includes any right or interest in any land; 4[(h) “metropolitan area ” shall have the meaning assigned to it in clause ( c) of article 243P of the Constitution; (ha) “metropolitan city ” means the metropolitan city of Bombay, Calcutta, Delhi or Madras;] (i) “metro railway ” means rail -guided mass rapid transit system having dedicated right -of-way, with steel wheel or rubber -tyred wheel coaches, but excluding tramways, for carriage of passengers, and includes — (A) all land within the boundary marks indicating the limits of the land appurtenant to a metro railway, (B) all rail s tracks, sidings, |
relating to the business immediately before the succession become the assets and liabilities of the company; (b) all the partners of the firm immediately before the succession become the shareholders of the company in the same proportion in which their capital accounts stood in the books of the firm on the date of the succession; (c) the partners of the firm do not receive any consideration or benefit, directly or indirectly, in any form or manner, other than by way of allotment of shares in the company; and (d) the aggregate of the shareholding in the company of the partners of the firm is not less than fifty per cent of the total voting power in the company and their shareholding continues to be as such for a period of five years from the date of the succession; 4[(e) the 3[demutualisation or corporatisation] of a recognised stock exchange in India is carried out in accordance with a scheme for 3[demutualisation or corporatisation] which is approved by the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992);] 5[(xiiia) any transfer of a capital asset being a membership right held by a member of a recognised stock exchange in India for acquisition of shares and trading or clearing rights acquired by such member in that recognised stock exchange in accordance with a scheme for demutualisation or corporatisation which is approved by the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992);] 6[(xiiib) any transfer of a capital asset or intangible asset by a private company or unlisted public company (hereafter in this clause referred to as the co mpany) to a limited liability partnership or any transfer of a share or shares held in the company by a shareholder as a result of conversion of the company into a limited liability partnership in accordance with the provisions of section 56 or section 57 of the Limited Liability Partnership Act, 2008 (6 of 2009): 1. |
by Notification No. G.S.R. 207(E), dated 2 4th March, 2021, (w.e.f. 1 -4-2021). 5. Ins. by Notification No. G.S.R. 207(E), dated 24th March, 2021, (w.e.f. 1 -4-2021). (ii)Where the Company has revalued its Property, Plant and Equipment, the company shall disclose as to whether the revaluation is based on the valuation by a registered valuer as defined under rule 2 of the Companies (Registered Valuers and Valua tion) Rules, 2017. (iii) Following disclosures shall be made where Loans or Advances in the nature of loans are granted to promoters, directors, KMPs and the related parties (as defined under Companies Act, 2013,) either serverally or jointly with any other person, that are: (a) repayable on demand or (b) without specifying any terms or period of repayment Type of Borrower Amount of loan or advance in the nature of loan outstanding Percentage to the total Loans and Advances in the nature of loans Promoters Directors KMPs Related Parties (iv) Capital -Work -in Progress (CWIP) (a) For Capital -work -in progress, following ageing schedule shall be given: CWIP aging schedule (Amount in Rs.) CWIP Amount in CWIP for a period of Total* Less than 1 year 1-2 years 2-3 years More than 3 years Projects in progress Projects temporarily suspended *Total shall tally with CWIP amount in the balance sheet. (b) For capital -work -in progress, whose completion is overdue or has exceeded its cost compared to i ts original plan, following CWIP completion schedule shall be given**: (Amount in Rs.) CWIP To be completed in Less than 1 year 1-2 years 2-3 years More than 3 years Project 1 Project 2” ** Details of projects where actively has been suspended sha ll be given separately. (v) Intangible assets under development: (a) For Intangible assets under development, following ageing schedule shall be given: Intangible assets under development aging schedule (Amount in Rs.) Amount in CWIP for a period of Total* Intangible assets under development Less than 1 year 1-2 years 2-3 years More than 3 years Projects in progress Projects temporarily suspended *Total shall tally with the amount of Intangible assets under development |
his life -time AND WHEREAS since the death of the said Wajid Ali Shah King of Oudh the said Emambarra has by the desire of the members of the late King’s family continued to be used as a place of public worship and kept up out of the funds of the late King’s Estate AND WHEREAS by the desire of the members of the King’s family the small mosque or building and piece or parcel of land with its approach way secondly in the schedule hereto described was after the King’s death reserved from the sale of the properties belonging to his estate and set apart and demarcated to the intent that the same might be used as a place of worship by Shiah Mah omedans and be kept up and managed in conjunction with and as an appendage to the said Sibtainabad Emambarra. AND WHEREAS it is desired by the members of the said family that the said Emambarra and mosque should remain and be places of public worship and b e a wakf according to Mahomedan Law under the charge of the parties of the second part. A ND WHEREAS the parties of the second part have intimated their intention to execute a wakfnamah or a Declaration of Trust of even date with these presents in order to carry out the wishes of the late King and the members of the family. Now THIS INDENTURE WITNESSETH that the Agent doth hereby by the direction of the Governor General in Council grant convey and assign unto the said Princes Kumar Kader Mirza, Mirza Mahomed Jalall, Mirza Dilwar Jah, Mirza Mahomed Askari and Mirza Ibrahim Ali the parties of the second par t their heirs executors administrators representatives and assigns without any warranty of title firstly all that building or Emambarra together with the piece or parcel of land on part whereof the sa me is erected and built the Schedule hereto firstly more particularly described and which is Fee paid. Rs. A. . 10 G.A. . 10 L. . 10 R. . . . 1 ----- 31 ----- B.L. |
the Court would be required either to refuse, suspend or attach conditions to the debtor's discharge, the Court shall refuse to approve the proposal unless it provides reasonable security for payment of not less than six annas in the rupee on all the unsecured debts provable against the debtor's estate. 1. Ins. by Act 11 of 1927, s. 5. (6) No composition or scheme shall be approved by the Court which does not provide for the payment in priority to other debts of all debts directed to be so paid in the distribution of the property of an insolvent. (7) In any other case the Court may either approve or refuse to approve the proposal. 39. Order on approval. —If the Court approves the proposal, the terms shall be embodied in an order of the Court, and 1[***] the order of adjudication shall be annulled, and the provisions of section 37 shall apply, and the composition or scheme shall be binding on all the creditors 2[so far as relates to any debt due to them from the debtor and provable under this Act]. 40. Power to re -adjudge debtor insolvent. —If default is made in the payment of any installment due in pursuance of the composition or scheme, or if it appears to the Court that the composition or scheme cannot proceed without injustice or undue delay, or that the approval of the Court was obtained by fraud, the Court may, if it thinks fit, re -adjudge the debtor insolvent and annul the composition or scheme but without prejudice to the validity of any transfer or payment duly made or of anything duly done under or in pursuance of the composition or scheme. When a debtor is re -adjudged insolvent under this section, all debts provable in other respects which have been contracted before the date of such re - adjudication shall be provable in the insolvency. Discharge 41. Discharge. —(1) A debtor may, at any time after the order of adjudication and shall, within the period specified by the Court, apply to the Court for an order of discharge, |
15% 600 mm or more **48B.7222 Other bars and rods of stainless steel; angles, shapes 15% and sections of stainless steel **48C. 7227 Bars and rods, hot-rolled, in irregularly wound coils, 15% of other alloy steel 49. 7303, 7304 Tubes and pipes, of iron or steel 20% 50. 8545 11 00 Electrodes of a kind used for furnaces 20% ______________________________________________________________________________________________________________________________________________________ 4. In respect of all other goods which are not covered under column (2) of this Schedule, the rate of duty shall be ‘Nil’. EXEMPTIONS Notfn. 132/00 Export duty leviable on heading No. 14 amended as 60%. GENERAL: 4-Cus.,8.1.62: The following goods are exempt from the payment of the export duty leviable thereon - Goods imported but not allowed clearance on the ground of non-fulfilment of the requirements of Import Trade Control Regulations, confiscated by an order under section 182 of the Sea Customs Act, 1878 and allowed to be exported in lieu of confiscation, on payment of fine or otherwise. GENERAL: 16-Cus., 23.1.65 ( as amended by 12/23) Goods produced or manufactured in India when exported for display in the showrooms of the(1) (2) (3) (4) ** amended vide notfn. no. 28/22 dated 21.05.2022 Government of India in foreign countries or in the exhibitions or fairs held in foreign countries are exempt from the whole of the duty of customs leviable thereon. Provided that such goods are not sold or otherwise disposed of abroad: Provided further that, in the case of goods exported for display in the exhibitions or fairs held in foreign countries, it is certified by a duly authorised officer of the Ministry of Commerce that the Government of India have agreed to participate in such exhibitions or fairs. Provided also that nothing contained in this notification shall apply after the 31st March, 2024. GENERAL: 325-Cus., 2.8.76 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts - (i) Every consignment of samples or gifts of mica, and of |
officers or Assistant Commanders or one of either, and who shall not as such, be sworn or affirmed: Provided that the persons attending the Court for the trial of an officer shall not be of a rank lower than the rank of that officer unless in the opinion of the convening officer recorded in the convening order, officers of such rank are not, having due regard to the exigencies of pub lic service, available. 68. Dissolution of a Security Guard Court .—(1) If a Security Guard Court after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) If, on account of the illness of the concerned Judge Attorney or, as the case may be, Deputy Judge Attorney -General or Additional Judge Attorney -General or of the accused before the finding, it is impossible to continue the trial, a Security Guard Court s hall be dissolved. (3) The authority or officer who convened a Security Guard Court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Se curity Guard Court. (4) Where a Security Guard Court is dissolved under this section , the accused may be tried again. . Powers of a General Security Guard Court .—A General Security Guard Court shall have the power to try any person subject to this Act for any offence punishable thereunder and to pass any sentence authorised thereby. 70. Powers of a Petty Security Guard Court .—A Petty Security Guard Court shall have the power to try any person subject to this Act other than an officer or an Assistant Com mander for any offence made punishable thereunder and to pass any sentence authorised by this Act other than a sentence of death, or imprisonment for a term exceeding two years. 71. Powers of a Summary Security Guard Court .—(1) Subject to the provisions of sub -section (2), a Summary Security Guard Court may try any offence punishable under this |
paragraphs 41 to 43, of this Annex is required. It shall, if necessary, verify the origin of the abandoned chemical weapons and establish evidence concerning the abandonment and the identity of the Abandoning State. 12. The report of the Technical Secretariat shall be submitted to the Executive Council, the Territorial State Party, and to the Abandoning State Party or the State Party declared by the Territorial State Party or identified by the Te chnical Secretariat as having abandoned the chemical weapons. If one of the States Parties directly concerned is not satisfied with the report it shall have the right to settle the matter in accordance with provisions of this Convention or bring the issue to the Executive Council with a view to settling the matter expeditiously. 13. Pursuant to Article I, paragraph 3, the Territorial State Party shall have the right to request the State Party which has been established as the Abandoning State Party pursuant to paragraphs 8 to 12 to enter into consultations for the purpose of destroying the abandoned chemical weapons in cooperation with the Territorial State Party. It shall immediately inform the Technical Secretariat of this request. 14. Consultations betwee n the Territorial State Party and the Abandoning State Party with a view to establishing a mutually agreed plan for destruction shall begin not later than 30 days after the Technical Secretariat has been informed of the request referred to in paragraph 13. The mutually agreed plan for destruction shall be transmitted to the Technical Secretariat not later than 180 days after the Technical Secretariat has been informed of the request referred to in paragraph 13. Upon the request of the Abandoning State Party and the Territorial State Party, the Executive Council may extend the time -limit for transmission of the mutually agreed plan for destruction. 15. For the purpose of destroying abandoned chemical weapons, the Abandoning State Party shall provide all neces sary financial, technical, expert, facility as well as other resources. The Territorial State Party shall provide appropriate cooperation. 16. If the Abandoning State cannot be identified or is not a State Party, |
Chapter: 30
Section: 402
Section Title: Power of High Court to withdraw or transfer revision cases
Description:
Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the question involved. Which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the application for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.
Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.
Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.
Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to the any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge. |
this behalf since th e said date) shall be recognized as or deemed to be lawful, anything contained in this Act or any other law for the time being in force notwithstanding. (3) The State Government may within five years from the commencement of the Indian Forest (Uttar Prades h Amendment) Act, 1965, revise any arrangement of the nature specified in section 22, and pass any incidental or consequential order, including any direction to the effect that any of the proceedings specified in the foregoing provisions of this Chapter be taken. (4) In relation to any land mentioned in sub -section (1), the references in sections 24 and 26 - (a) to section 23 shall be construed as references to sub -section (2) ; and (b) to rights admitted, recorded or continued under section 14 or section 15 shall be c onstrued as references to rights of pasture or to forest produce admitted, recorded or continued in or under the corresponding enactment, law or documents referred to in sub -section (1). (5) Without prejudice to any action that may be or may hav e been taken for ejectment, vacation of encroachment or recovery of damages in respect of any unauthorised oc cupation of or trespass over any land mentioned in sub -section (1), or for seizure, confiscation , disposal or release (on payment of value or other wise) of any forest produce in respect of which any forest offence has been committed in relation to such land or of any tools, boats, carts, or cattle used in committing such offence, nothing in this section shall be deemed to authorize the convi ction of any person for any act done before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, which was not an offence before such commencement." [Vide Uttar Pradesh Act XXIII of 1965,s. 9] 21. Publication of translation of such notificatio n in neighbourhood of forest. —The Forest -officer shall, before the date fixed by such notification, cause a translation thereof into the loca l vernacular to be published in every town and village in the neighbourhood |
Section 216: Description of IPC Section 216B
According to section 216B of Indian penal code, Repealed by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), S. 3.
IPC 216B in Simple Words
Section 216B of the Indian Penal Code has been removed from the law by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), S. 3. nan nan nan nan nan |
of 2006, s. 17 (w.e.f. 17 -11-20006). 6. Subs. by s. 17, ibid., for sub -section ( 4) (w.e.f. 17 -11-2006). 7. The words “ , which shall not exceed rupees five thousand” omitted by Act 12 of 2022, s. 53 (w.e.f. 10 -5-2022). 8. The proviso omitted by s. 53, ibid. (w.e.f. 10 -5-2022). 9. Subs. by s. 54, ibid., for “Register” (w.e.f. 10 -5-2022). (b) from whom a request has been received to that effect; or (c) who has not paid any prescribed fee required to be paid by him; or (d) who is found to have been subject at the time when his name was entered in the 1[Register of members] , or who at any time thereafter has become subject , to any of the disabilities mentioned in section 8, or who for any other reason has ceased to be entitled to have his name borne on the Register. (2) The Council shall remove from the 1[Register of members] the nam e of any member in respect of whom an order has been passed under this Act removing him from membership of the Institute. 2[(3) If the name of any member has been removed from the Register under clause ( c) of sub -section (1), on receipt of an application, his name may be entered again in the Register on payment of the arrears of annual fee and entrance fee along with such additional fee, as may be determined, by notification, by the Council 3***: 4* * * * *.] CHAPTER V MISCONDUCT 5[21. Disciplinary Directorate .—(1) The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any informat ion or complaint received by it. (2) On receipt of any information or complaint along with the prescribed fee, the Director (Discipline) shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. (3) Where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned |
such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days. From the above provision it is clear that a member elected on a party ticket should continue in the party and obey the party directions. Independent Members: An independent member of a House (elected without being set up as a candidate by any political party ) becomes disqualified to remain a member of the House if he joins any political party after such election. Nominated Members: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification. 2. Exceptions The above disqu alification on the ground of defection does not apply in the following two cases: (a) If a membe r goes out of his party as a result of a merger of the party with another party . A merger takes place when two-thirds of the members of the party have agreed to such mer ger. (b) If a member , after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that of fice. This exemption has been provided in view of the dignity and impartiality of this of fice. It must be noted here that the provision of the Tenth Schedule pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted by the 91st Amend ment Act of 2003. It means that the defectors have no more protection on grounds of splits. 3. Deciding Authority Any question regarding disqua lification arising out of defection is to be decided by the presiding officer of the House. Originally , the act provided that the |
respect of the years for which the books of account or other documents are relevant are completed. 10[(8A) An order under sub -section ( 3) shall not be in force for a period exceeding sixty days from the date of the order.] (9) The person from whose custody any books of account or other documents are seized under sub-section ( 1) 2[or sub -section ( 1A)] may make copies thereof, or take extracts therefrom, in the presence of the authorised officer or any other person empowered by him in this behalf, at such place and time as the authorised officer may appoint in this behalf. 11[(9A) Where the authorised officer has no jurisdiction over the person referred to in clause ( a) or clause ( b) or clause ( c) of sub -section ( 1), the books of account or other documents, or any money, bullion, jewellery or other valuable article or thing (hereafter in this section and in sections 132A and 132B referred to as the assets) seized under that sub -section shall be handed over by the authorised officer to the Assessing Officer having jurisdiction over such person within a period of sixty days from the date on which the last of the authorisations for search was executed and thereupon the powers exercisable by the authorised officer under sub -section ( 8) or sub -section ( 9) shall be exercisable by such Assessing Officer.] 12[(9B) Where, during the course of the search or seizure or within a period of sixty days from the date on which the last of the authorisations for search was executed, the authorised officer, for reasons to 1. Su b-sections ( 5) to ( 7) omitted by Act 20 of 2002, s. 56 (w.e.f. 1 -6-2002). 2. Ins. by Act 41 of 1975, s. 35 (w.e.f. 1 -10-1975). 3. Subs. by Act 20 of 2002, s. 56, for “one hundred and eighty days from the date of the seizure” (w.e.f. 1 -6-2002). 4. Subs. by Act 32 of 2003, s. 59, for “under clause ( c) of section 158BC” (w.e.f. 1 -6-2003). 5. Subs. |
Police Station s in Dumka Sadar sub-division. 11. Jama (ST) .—Jama and Ramgarh Police Station s in Dumka Sadar sub -division. 12.Jarmundi. — Jarmundi Police Station in Dumka Sadar sub -division; and Sarawan Police Station in Deoghar sub -division. DEOGHAR DISTRICT 13. Madhupur. —Madhupur and Karon Police Stations and G.Ps . Kusmil, Chanddih, Pathra and Basbariya in Jasid ih Police Station in Deoghar sub -division. 14. Sarath. —Sarath and Palojori Police Stations in Deoghar sub -division; and G.Ps. Karmatanr, Sahajpur, Pindari, Lakhanpur, Rataniya, Rampurbhit ra and Kajra in Jamtara Police Station in Jamtara sub-division. 15. Deogh ar (SC) .—Deoghar Town and Mohanp ur Police Stations and Jasidih Police Station (excluding G.Ps. Kusm il, Chanddih, Pathra and Basbariya) in D eoghar sub -division . GODDA DISTRICT 16. Poreyahat. —Poreyahat Police Station and G.Ps. Burhikura, Dammajhilua, Sandmara, Nonbatta, Makhni, Pathra nad Punsiya in Godda Police Station in Godda sub -division; and Saraiyahat Police Stati on in Dumka Sadar s ub-division. 17. Godda. —Godda Police Station (excluding G.Ps. Burhikura, dammajhilua, Sandmara, Nonbatta, Makhni, Pat hra and Punsiya) and Pathargama Police Station in Godda sub -division. 18. Mahagama .—Mahagama and Meherma Police Stations in Godda sub -divis ion. Serial No. Name and extent of constituencies KODARMA DISTRICT 19. Kodarma .— Kodarma and 1[Satgawan ] Police Stations i n Kodarma sub-division. HAZARIBAGH DISTRICT 20. Barkatha .— Barkatha and Jainagar Police S tations i n Kodarma s ub-division; 2***; and Ichak Police Station in Hazaribagh Sadar sub -division. 21. Barhi .—Barhi Police Station in Hazaribagh Sadar sub -division; and Chauparan Police Station in Kodarma sub -division . 22. Barkagaon .—Barakgaon Police Station and G.Ps. Terpa, Patratu, Koto, Palani,1[Haphua ], 1[Harih arpur], Gegda, Deoria, Bargama, Pali, Salgo, Sanki, Jabo, Chaingara, Chikor, Lapanga, Ghutua, Barkakana and Sidhwar -Kalan in Ramgarh Police Station in Hazaribagh Sadar sub -division. 23. Ramgarh. —Ramga rh Police Station (excluding G.P s. Terpa , Patratu, Koto, Palani,1[Hap hua], 1[Harih arpur ], Gegda, Deoria, Bargama, Pali, Salgo, Sanki, Jabo, 1[Chaingara] , Chikor, Lapanga, G hutua, Barkakana and Sidhwar -Kalan) and Gola Police Station in Hazaribagh Sadar sub -division. 24. Mandu.—Mandu and Bishungarh Police Stations in |
of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications : 1. Omitted by Act 67 of 1993, s. 17 (w.e.f. 1 -10-1993). 2. The words “or an alderman” omitted by s. 17 , ibid. (w.e.f. 1 -10-1993). 3. Subs. by s. 17, ibid., for su b-clause ( iii) (w.e.f. 1 -10-1993). 4. Subs. by Delhi Act 12 of 2011, s. 2, for “a Corporation” (w.e.f. 13 -1-2012). 5. Subs. by Act 10 of 2022, s. 2, for “the Corporation” (w.e.f. 22 -5-2022). 6. Subs. by Act 67 of 1993, s. 17, for sub -clause ( vi) (w.e.f. 1-10-1993). 7. Omitted by Act 42 of 1961, s. 4 (w.e.f. 12 -9-1961). 8. Omitted by Act 67 of 1993, s. 18 (w.e.f. 1 -10-1993). 9. Subs. by Act 67 of 1993, s. 18, for “Director of Municipal Elections” (w.e.f. 1 -10-1993). Provided that where in any ward a seat has been reserved for the Scheduled Castes, such notification or notifications shall specify that the person to fill that seat shall belong to one of the said castes: 1[Provided further that where in any ward a seat has been reserved for woman, suc h notification or notifications shall specify that the person to fill that seat shall be a woman.] 12. Filling of casual vacancies in councillorship .—(1) When a casual vacancy occurs in the office of a councillor the 2[Election Commission] shall, soon as may be after the occurrence of such vacancy and subject to the provisions of sub -section ( 2), by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of this Act and the rules and orders made thereunder before such date as may be specified in the notification: Provided that no election shall be held to fill a casual vacancy occurring within 3[six months] prior to the holding of a general election under section 11. (2) If the vacancy be a vacancy in a seat |
443. Power of Central Government to appoint company prosecutors. 444. Appeal against acquittal. 445. Compensation for accusation without reasonable cause. 446. Application of fines. 446A. Factors for determining level of punishment. 446B. Lesser penalties for certain companies. CHAPTER XXIX MISCELLANEOUS 447. Punishment for fraud. 448. Punishment for false statement. 449. Punishment for false evidence. 450. Punishment where no spec ific penalty or punishment is provided. 451. Punishment in case of repeated default. 452. Punishment for wrongful withholding of property. 453. Punishment for improper use of “Limited ” or “Private Limited ”. 454. Adjudication of penalties. 454A. Penalty for repeated default. 455. Dormant company. 456. Protection of action taken in good faith. 457. Non-disclosure of information in certain cases. 458. Delegation by Central Government of its powers and functions. 459. Powers of Central Government of Tribunal to accord approval, etc., subject to conditions and to prescribe fees on applications. 460. Condonation of delay in certain cases. 461. Annual report by Central Government. 462. Power to exempt class or classes of companies from provisions of this Act. 463. Power of court to grant relief in certain cases. 464. Prohibition of a ssociation or partnership of persons exceeding certain number. 465. Repeal of certain enactments and savings. 466. Dissolution of Company Law Board and consequential provisions. 467. Power of Central Government to amend Schedules. 468. Power of Central Government to make rule s relating to winding up. SECTIONS 469. Power of Central Government to make rules. 470. Power to remove difficulties. SCHEDULE I. SCHEDULE II. SCHEDULE III. SCHEDULE IV. SCHEDULE V. SCHEDULE VI. SCHEDULE VII. THE COMPANIES ACT, 2013 ACT NO. 18 OF 2013 [29th Augus t, 2013.] An Act to consolidate and amend the law relating to companies. BE it enacted by Parliament in the Sixty -fourth Year of the Republic of India as follows: — CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application. —(1) This Act ma y be called the Companies Act, 2013. (2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall |
THE NORTH -EASTERN AREAS (REORGANISATION) ACT, 1971 _________ ARRANGEMENT OF SECTIONS _________ PART I PRELIMINARY SECTIONS 1. Short title . 2. Definitions . PART II ESTABLISHMENT OF THE STATES OF MANIPUR AND TRIPURA AND FORMATION OF THE STATE OF MEGHALAYA AND OF THE UNION TERRITORIES OF MIZORAM AND ARUNACHAL PRADESH 3. Establishment of the State of Manipur . 4. Establishment of the State of Tripura. 5. Formation of the State of Meghalaya. 6. Formation of the Union territory of Mizoram. 7. Formation of the Union territory of Arunachal Pradesh. 8. Territories of the State of the Assam. 9. Amendment of first Schedule to the Constitution. PART III REPRESENTATION IN THE LEGISLATURES The Council of States 10. Amendment of Fourth Schedule to the Constitution. 11. Allocation of sitting members representing the existing Union territories of Manipur and Tripura. 12. Election to fill the seats allotted to the State of Meghalaya and the Union territories of Mizoram and Arunachal Pradesh. 13. Amendment of section 27A of Act 43 of 1950 . The Ho use of the People 14. Allocation of seats in the existing House of the People. 15. Parliamentary constituencies of the States of Manipur and Tripura and provision as to sitting members. 16. Provision as to sitting members representing Cachar and Dhubri parliamentary c onstituencies in the House of the People and the election of representative from Diphu parliamentary constituency. 17. Parliamentary constituencies of the State of Meghalaya and provision as to sitting member representing the Autonomous Districts parliamentary constituency in the House of the People and the election of representative from Tura parliamentary constituency . 18. Parliamentary constituency of the Union territory of Mizoram. 19. Provision as to the member to represent Arunachal Pradesh in the House of the People. The Legislative Assemblies 20. Allocation of seats in the Legislative Assemblies. 21. Amendment of Second Schedule to Act 43 of 1950. SECTIONS 22. Delimitation of constituencies. 23. Power of Election Commission to maintain delimitation orders up -to-date. 24. Validation of acts done previous to the commencement of the Act. 25. Amendment of Scheduled Castes Orders . 26. Amendment of |
, WASH BASIN PEDESTALS , BATHS , BIDETS , WATER CLOSET PANS , FLUSHING CISTERNS , URINALS AND SIMILAR SANITARY FIXTURES 6910 10 00 - Of porcelain or china kg. 10% - 6910 90 00 - Other kg. 10% - 6911 TABLEWARE , KITCHENWARE , OTHER HOUSEHOLD ARTICLES AND TOILET ARTICLES , OF PORCELAIN OR CHINA 6911 10 6911 10 11 - --- ---- Tableware and kitchenware: Tableware : Of bone china and soft porcelain kg. 20% - 6911 10 19 6911 10 21 ---- --- ---- Other Kitchenware: Of Bone china and soft porcelain kg. kg. 20% 20% - - 6911 10 29 ---- Other kg. 20% - 6911 90 - Other : 6911 90 10 --- Toilet articles kg. 10% - 6911 90 20 --- Water filters of a capacity not exceeding 40 litres kg. 20% - 6911 90 90 --- Other kg. 20% - 6912 CERAMIC TABLEWARE , KITCHENWARE , OTHER HOUSEHOLD ARTICLES AND TOILET ARTICLES , OTHER THAN OF PORCELAIN OR CHINA 6912 00 - Ceramic tableware, kitchenw are, other household articles and toilet articles, other than of SECTION -XIII CHAPTER -69 (1) (2) (3) (4) (5) 6912 00 10 --- porcelain or china : Tableware kg. 20% - 6912 00 20 --- Kitchenware kg. 20% - 6912 00 30 --- Toilet articles kg. 10% - 6912 00 40 --- Clay articles kg. 20% - 6912 00 90 --- Other kg. 20% - 6913 STATUETTES AND OTHER ORNAMENTAL CERAMIC ARTICLES 6913 10 00 - Of porcelain or china kg. 10% - 6913 90 00 - Other kg. 10% - 6914 OTHER CERAMIC ARTICLES 6914 10 00 - Of porcelain or china kg. 10% - 6914 90 00 - Other kg. 10% - SECTION -XIII CHAPTER -70 NOTES : 1. This Chapter does not cover : CHAPTER 70 Glass and glassware (a) goods of heading 3207 (for example, vitrifiable enamels and glazes, glass frit, other glass in the form of powder, granules or fla kes) ; (b) articles of Chapter 71 (for example, imitation jewellery) ; (c) optical fibre cables of heading 8544, electrical insulators (heading 8546) |
and any provision in an enactment may be cited by reference to the section or sub - section of the enactment in which the provision is c ontained. (2) In this Act and in any 2[Central Act] or Regulation made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation. 29. Saving for previous enactments, rules and bye -laws .—The provisions of this Act respecting the construction o f Acts, Regulations, rules or bye -laws made after the commencement of this Act shall not affect the construction of any Act, Regulation, rule or bye -law made before the commencement of this Act, although the Act, Regulation, rule or bye -law is continued or amended by an Act, Regulation, rule or bye-law made after the commencement of this Act. 3[30. Application of Act to Ordinances .—In this Act the expression 2[Central Act], wherever it occurs, except in section 5 and the word “Act” in 4[clauses ( 9), (13), (25), (40), (43), (52) and ( 54)] of section 3 and in section 25 shall be deemed to include an Ordinance made and promulgated by the Governor General under section 23 of the Indian Councils Act, 1861 5[or section 72 of the Government of of India Act, 1915,] 6[or section 42 7*** of the Government of India Act, 1935] 8[and an Ordinance promulgated by the President under article 123 of the Constitution ].] 30A. [Application of Act to Acts made by the Governor -General .] Rep. by the A.O. 1937. Earlier Inserted by Act 11 of 1923, s. 2 and the First Schedule . 1. See, the Code of Criminal Procedure, 1973 (2 of 1974). 2. Subs. by the A.O. 1937, for “Act of the Governor General in Council ”. 3. Ins. by Act 17 of 1914, s. 2 and the First Schedule. 4. Subs . by the A.O. |
cobalt,Ferro -columbium, Ferro -zirconium, Ferro-tantalum : Ferro -phosphorus kg. 5% - 7202 99 12 ---- Ferro -selenium kg. 5% - 7202 99 13 ---- Ferro -cobalt kg. 5% - 7202 99 14 ---- Ferro -columbium kg. 5% - 7202 99 15 ---- Ferro -zirconium kg. 5% - 7202 99 16 7202 99 21 ---- --- ---- Ferro -tantalum Ferro -silico -zirconium, Ferro -silico -magnesium : Ferro -silico -zirconium kg. kg. 5% 5% - - 7202 99 22 7202 99 31 ---- --- ---- Ferro -silico -magnesium Ferro -boron, charge -chrome : Ferro -boron kg. kg. 5% 5% - - 7202 99 32 ---- Charge -chrome kg. 5% - 7202 99 90 --- Other kg. 5% - 7203 7203 10 00 - FERROUS PRODUCTS OBTAINED BY DIRECT REDUCTION OF IRON ORE AND OTHER SPONGY FER ROUS PRODUCTS , IN LUMPS , PELLETS OR SIMILAR FORMS ; IRON HAVING MINIMUM PURITY BY WEIGHT OF 99.94%, IN LUMP S, PELLETS OR SIMILAR FORMS Ferrous products obtained by direct reduction of kg. 5% 7203 90 00 - iron ore Other kg. 5% - 7204 FERROUS WASTE AND SCRAP ; REMELTING SCRAP INGOTS OF IRON OR STEEL 7204 10 00 7204 21 - - -- Waste and scrap of cast iron kg. Waste and scrap of alloy steel : Of stainless steel : 5% - 7204 21 10 --- Empty or discharged cartridges of all bores and sizes kg. 5% - 7204 21 90 --- Other kg. 5% - 7204 29 -- Other : 7204 29 10 --- Empty or discharged cartridges of all bores and sizes kg. 5% - SECTION -XV CHAPTER -72 (1) (2) (3) (4) (5) 7204 29 20 --- Of high speed steel kg. 5% - 7204 29 90 --- Other kg. 5% - 7204 30 00 - Waste and scrap of tinned iron or steel kg. 5% - - Other waste and scrap : 7204 41 00 -- Turnings, shavi ngs, chips, millingwaste, saw dust, kg. 5% - fillings, trimmingsandstampings, whether or not in bundles 7204 49 00 -- Other kg. 5% - 7204 50 00 - Remelting scrap ingots |
, s. 89 (w.e.f. 1-4-1989) . 7[228A. Recovery of tax in pursuance of agreements with foreign countries. —(1) Where an agreement is entered into by the Central Government with the Government of any country outside India for recovery of income -tax under this Act and the corresponding law in force in that country and the Government of that country or any authority under that Government which is specified in this behalf in such agreement sends to the Board a certificate for the recovery of any tax due under such corresponding law from a person having any property in India, the Board may forward such certificate to a ny Tax 1. Subs. by Act 3 of 1989, s. 36, for “Income -tax Officer” (w.e.f. 1 -4-1988). 2. Ins. by s. 37, ibid. (w.e.f. 1 -4-1989). 3. Subs. by Act 10 of 1965, s. 54, for sub -section ( 5) (w.e.f. 1 -4-1965). 4. Subs. by Act 4 of 1988, s. 2, for “Commissioner” (w.e.f. 1 -4-1988). 5. Subs. by Act 25 of 2014, s. 4, for “Chief Commissioner” (w.e.f. 1 -6-2013). 6. Subs. by s. 4, ibid., for “Commissioner” (w.e.f. 1 -6-2013). 7. Ins. by Act 16 of 1972, s. 39 (w.e.f. 1 -4-1972). Recovery Officer within whose jurisdiction such property is situated and thereupon such Tax Recovery Officer shall — (a) proceed to recover the amount specified in the certificate in the manner in which he would proceed to recover the amount 1[speci fied in a certificate drawn up by him under section 222]; and (b) remit any sum so recovered by him to the Board after deducting his expenses in connection with the recovery proceedings. 2[(2) Where an assessee is in default or is deemed to be in default in making a payment of tax, the Tax Recovery Officer may, if the assessee has property in a country outside India (being a country with which the Central Government has entered into an agreement for the recovery of income -tax under this Act and the corresp onding law in force in that country), forward to the Board a certificate drawn |
proceeding in respect of an offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn, shall be excluded] : Provided that nothing contained in this sub -section shall apply to the trial of any such person for an offence of mutiny or desertion. CHAPTER V PUNISHMENTS 53. Punishments awardable by Coast Guard Courts. —(1) Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Coast Guard Courts according to the scale following, that is to say, — (a) death; (b) imprisonment which may be for the term o f life or any other lesser term ; (c) dismissal from the Coast Guard; (d) detention in Coast Guard custody for a period not exceeding two years ; (e) reduction to the ranks or to a lo wer rank in the case of sailors ; (f) forfeiture of seniority of rank, forfeiture of all or any part of the servi ce for the purpose of promotion ; (g) forfeiture of service fo r the purpose of increased pay, pension or any other prescribed purpose; (h) fine, in respect of civil offences ; (i) mulcts of pay and allowances; (j) severe reprimand or reprimand except in the case of persons below the rank of an Uttam Navik or Uttam Yan trik. (2) Each of the punishments specified in sub -section ( 1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale. 54. Alternative punishments a wardable by Coast Guard Courts. —Subject to the provisions of this Act, a Coast Guard Court may, on convicting a person subject to this Act of any of the offences specified in sections 15 to 48 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable, or in lieu thereof, any one of the punishments lower in the scale set out in section 53 regard being |
shall be the Vice -Chairman; (c) Colonel Bashir Hussain Zaidi, for life; (d) the Accountant -General, Uttar Pradesh, ex officio; (e) a descendant of the late Nawab Sir Syed Raza Ali Khan Bahadur of Rampur, to be nominated by the Central Government ; (f) four persons to be nominated by the Central Government, out of whom — (i) two shall be persons who, in the opinion of the Central Government, have expert knowledge with regard to the collections in the library or are distinguished historians or scholars of Arabic , Persian or Urdu, (ii) one shall be an officer, not below the rank of a Deputy Secretary to the Government of India in the Department dealing with matters connected with the library, (iii) one shall be a person who, in the opinion of the Central Government, has expert knowledge of, and experience in, management of public libraries; (g) the Collector and District Magistrate, Rampur, ex officio; (h) three other persons, of whom at least two sh all be scholars of repute, to be nominated by the State Government; (i) the Director of the Library, ex officio , who shall be the Member -Secretary. (2) Every nomination made under this section shall be notified by the Central Government in the Official Gaz ette and every nomination so notified shall take effect from the date of the notification. 6. Term of office and fresh nomination in certain cases .—(1) The term of office of nominated members shall be such as may be prescribed. (2) Any nominated member may resign his office by giving notice in wri ting to the Government nominati ng him, and on such resignation being notified by the Central Government in the Official Gazette, he shall be deemed to have vacated his office on the date of public ation of such noti fication. (3) If the office of any nominated member is vacated before the expiry of the term of his office, the resulting vacancy may be filled by fresh nomination by the Government by which such member was nominated, and the member so nominated shall hold office for |
shall not in any case exceed three years or until the expiration of the term of office of the Vice -Chancellor, whichever is earlier and he shall be eligible for re -appointment: Provided that a Pro -Vice-Chancellor shall retire on attaining the age of sixty -five years: Provided further that a Pro -Vice-Chancellor shall, while performing the functions of the Vice-Chancellor under clause ( 6) of Statute 1, continue in office not withstanding the expiration of his term of office as Pro -Vice -Chancellor until a new Vice -Chancellor assumes his office or until the existing Vice -Chancellor attends to the duties of his of fice, as the case may be (3) (a) The salary of a Pro -Vice Chancellor shall be Rs. 2,750 per month and where a Professor is appoi nted to perform the functions of a Pro -Vice -Chancellor in addition to his own functions as such Professor, he shall draw his pay in his substantive post plus a special pay of Rs. 500 per month , whichever is less. (b) Every Pro -Vice -Chancellor shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office and no charge shall fall on the Pro-Vice-Chancellor personally in respect of maintenance of such residence. (c) In addition to the salary specified in sub -clause ( a), a Pro -Vice -Chancellor shall be entitled to such other allowances as are admissible to the employees of the University fr om time to time. (d) Every Pro -Vice -Chancellor shall be entitled to such terminal benefits as may be fixed by the Board of Management from time to time. (e) The Pro -Vice-Chancellor shall be entitled to subscribe to the contributory provident fund of the Un iversity till the end of his tenure: Provided that where an employee of the University or a College or of any University or institution maintained by or affiliated to such other University is appointed as a Pro -Vice -Chancellor, he shall continue to be governed by the same retirement benefit scheme to which he was entitled prior to |
person is, at any time during the financial year, the beneficial owner of equity shares carrying twenty per cent or more, of the voting power; or (b) in any other case, such person is, at any time during the financial year, beneficially entitled to twenty per cent or more, of the profits of such business; (9) “step” includes a measure or an action, particularly one of a series taken in order to deal with or achieve a particular thing or object in the arrangement; (10) “tax benefit” includes, — (a) a reducti on or avoidance or deferral of tax or other amount payable under this Act; or (b) an increase in a refund of tax or other amount under this Act; or (c) a reduction or avoidance or deferral of tax or other amount that would be payable under this Act, as a result of a tax treaty; or (d) an increase in a refund of tax or other amount under this Act as a result of a tax treaty; or (e) a reduction in total income; or (f) an increase in loss, in the relevant previous year or any other previous year; (11) “tax treaty” means an agreement referred to in sub -section ( 1) of section 90 or sub -section (1) of section 90A.] 103. Original CHAPTER XI dealing with Additional Income -tax on Undistributed Profits contained sections 95 to 109, sub -headings “A. —General”, “ B.—Incomes forming part of total income on which no supertax is payable”, “C. —Rebate of super -tax” and “D. —Additional super -tax on undistributed fits” and sections 95 to 103 (both inclusive) were omitted by Act 9 of 1965, s. 29 (w.e.f. 1 -4-1965). Subseque ntly Chapter XI containing remaining sections 104 to 109 was omitted by Act 21 of 1987, s. 41 (w.e.f. 1 -4-1988) . 104. [Income -tax on undistributed income of certain companies.] —Omitted by the Finance Act, 1987 (11 of 1987), s. 41 ( w.e.f . 1-4-1988). 105. [Special provisions for certain companies. ]—Omitted by the Finance Act, 1987 (11 of 1987), s. 41 ( w.e.f . 1-4-1988). |
to the employees of that Government] : Provided that where any gratuities referred to in this clause are received by an employee from more than one employer in the same previous year, the aggregate amount exempt from income -tax under this clause 4[shall not exceed the limit so specified]: 1. Ins. by Act 49 of 1991, s. 5 (w.e.f. 1 -4-1991). 2. Subs. by Act 20 of 1974, s. 3, for clause (10) (w.e.f. 1 -4-1975). 3. Subs. by Act 4 of 1988, s. 6, for the certain words (w.e.f. 1 -4-1989). 4. Subs. by s. 6, for clause ( 10), ibid, “shall not exceed thirty six thousand rupees” (w.e.f . 1-4-1989). Provided further that where any such gratuity or gratuities was or were received in any one or more earlier previous years also and the whole or any part of the amount of such gratuity or gratuities was not included in the total income of the assessee of such previ ous year or years, the amount exempt from income -tax under this clause 1[shall not exceed the limit so specified] as reduced by the amount or, as the case may be, the aggregate amount not included in the total income of any such previous year or years. 2* * * * * Explanation .—3[In this clause, and in clause ( 10AA )], “salary” shall have the meaning assigned to it in clause ( h) of rule 2 of Part A of the Fourth Schedule; ] 4[(10A) (i) any payment in commutation of pension received under the Civil Pensio ns (Commutation) Rules of the Central Government 5[or under any similar scheme applicable to the members of the civil services of the Union or holders of posts connected with defence or of civil posts under the Union (such members or holders being persons not governed by the said Rules) or to the members of the all -India services or to the members of the defence services or to the members of the civil services of a State or holders of civil posts under a State or to the employees of a |
5,22,Proceedings to be in camera and may not be printed or published,"Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court. |
Chapter: 32
Section: 427
Section Title: Sentence on offender already sentenced for another offence
Description:
When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence;
Provided that where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.
When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. |
Subs. by Act 14 of 2001, s. 41, for sub -clauses ( ii), (iii) and ( iv)(w.e.f. 1 -4-2002). 2. Subs. by Act 12 of 1990, s. 22, for “receivable” (w.e.f. 1 -4-1991). 3. Ins. by s. 22, ibid. (w.e.f. 1 -4-1989). 4. Ins. by s. 22, ibid. (w.e.f. 1 -4-1991). 5. Subs. by Act 27 of 1999, s. 46, for certain words (w.e.f. 1 -6-1999). 6. Ins. by s. 46, ibid. (w.e.f. 1 -6-1999). 7. Ins. by Act 49 of 1991, s. 28 (w.e.f. 1 -4-1991). 8. Ins. by s. 28, ibid. (w.e.f. 1 -4-1992). [(3) For the purposes of sub -section ( 1),— (a) where the export out of India is of goods or merchandise 2[manufactured or pro cessed by the assessee], the profits derived from such export shall be the amount which bears to the profits of the business, the same proportion as the export turnover in respect of such goods bears to the total turnover of the business carried on by the assessee; (b) where the export out of India is of trading goods, the profits derived from such export shall be the export turnover in respect of such trading goods as reduced by the direct costs and indirect costs attributable to such export; (c) where the export out of India is of goods or merchandise 2[manufactured or processed by the assessee] and of trading goods, the profits derived from such export shall, — (i) in respect of the goods or merchandise 2[manufactured or processed by the assessee], be the amount which bears to the adjusted profits of the business, the same proportion as the adjusted export turnover in respect of such goods bears to the adjusted total turnover of the business carried on by the assessee; and (ii) in respect of trading goods, be the export turnover in respect of such trading goods as reduced by the direct and indirect costs attributable to export of such trading goods : Provided that the profits computed under clause ( a) or clause ( b) or clause ( c) of this sub -section shall be further increased by |
4.75 mm or more : --- Chromium type : 7219 31 11 ---- Not exceeding 14 mm kg. 15% - 7219 31 12 7219 31 21 ---- --- ---- Exceeding 14 mm Nickel chromium austenitic type : Not exceeding 14 mm kg. kg. 15% 15% - - 7219 31 22 ---- Exceeding 14 mm kg. 15% - *Amended by Notn. No. 48/18 SECTION -XV CHAPTER -72 (1) (2) (3) (4) (5) 7219 31 90 --- Other kg. 15% - 7219 32 -- Of a thickness of 3 mm or more but less than 4.75 7219 32 10 mm : --- Chromium type kg. 15% - 7219 32 20 --- Nickel chromium austenitic type kg. 15% - 7219 32 90 --- Other kg. 15% - 7219 33 -- Of a thickness exceeding 1 mm but less than 3 mm : 7219 33 10 --- Chromium type kg. 15% - 7219 33 20 --- Nickel chromium austenitic type kg. 15% - 7219 33 90 --- Other kg. 15% - 7219 34 -- Of a thickness of 0.5 mm or more but not 7219 34 10 exceeding 1 mm : --- Chromium type kg. 15% - 7219 34 20 --- Nickel chromium austenitic type kg. 15% - 7219 34 90 --- Other kg. 15% - 7219 35 -- Of a thickness of less than 0.5 mm : 7219 35 10 --- Chromium type kg. 15% - 7219 35 20 --- Nickel chromium austenitic type kg. 15% - 7219 35 90 --- Other kg. 15% - 7219 90 - Other : 7219 90 11 --- Sheets and plates : ---- Thickness more than 4.75 mm kg. 15% - 7219 90 12 ---- Thickness 3 mm to 4.75 mm kg. 15% - 7219 90 13 ---- Thickness less than 3 mm kg. 15% - 7219 90 90 --- Other kg. *22.5% - 7220 FLAT-ROLLED PRODUCTS OF STAI NLESS STEEL , OF A WIDTH OF LESS THAN 600 MM - Not further worked than hot-rolled : 7220 11 -- Of a thickness of 4.75 mm or more : 7220 11 10 --- Skelp for pipes and |
Board; (iv) three persons to be nominated by the Visitor; and (v) the Comptroller of the University —Member -Secretary. (2) Three members of the Finance Committee shall form the quorum for meeting of the Finance Committee. (3) The members of the Finance Committee, other than ex officio members, shall hold office for a term of three years. (4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee. (5) The Finance Committee shall meet at least twice a year to examine the accounts and to scrutinise proposals for expenditure. (6) Every proposal relating t o creation of posts, and those items which have not been included in the Budget, shall be examined by the Finance Committee before they are considered by the Board. (7) The annual accounts and the financial estimates of the University prepared by the Comptroller, shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Board for approval. (8) The Finance Committee shall re commend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). Selection Committee 18. (1) There shall be a Selection Committee for making recommendations to the Board for appointment to the posts of teachers, Comptroller, Registrar, Librarians, Deans of colleges, Directors and Heads of other institutions maintained by the University. (2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of members as specified in the corresponding entries in column 2 of the said Table: TABLE 1 2 3 A. Directors/Deans (i) Vice -Chancellor or his nominee —Chairman. (ii) One nominee of the Visitor —Member. (iii) Three eminent scientists not below the rank of Vice -Chancellor or equivalent (serving or retired) to be nominated by the Vice -Chancellor from a panel of six names approved by the Board —Member. B. Professors/Equivalent (i) Vice -Chancellor |
THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) A CT, 1983 ___________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application. 3. Definitions and construction of references. 4. Overriding effect of the Act. CHAPTER II ESTABLISHMENT OF TRIBUNALS 5. Establishment of Illegal Migrants (Determination) T ribunals. 6. Filling of vacancies. 7. Staff of the Tribunals. 8. References or applications to Tribunals. 8A. Application to the Central Government for refer ence. 9. Powers of Tribunal. 10. Procedure with respect to references under sub-sect ion ( 1) of section 8. 11. Procedure with respect to applications under sub-se ction ( 2) of section 8. 12. Determination of the question as to whether a perso n is an illegal migrant. 13. Reference and application to be disposed of within six months. 14. Appeal. 15. Appellate Tribunal. 16. Order of the Appellate Tribunal . 17. Power of superintendence by Appellate Tribunal. CHAPTER III PROVISIONSAPPLICABLE TO ALL TRIBUNALS 18. Procedure. 19. Proceeding before every Tribunal to be judicial pro ceeding for certain purposes. CHAPTER IV ENFORCEMENT OF THE ORDERS MADE BY THE TRIBUNALS 20. Expulsion of illegal migrants. CHAPTER V MISCELLANEOUS 21. Delegation of powers. 21A. Power to bind certain persons against whom com plaint is made under the Act. 22. Power to give effect to the orders, etc. 23. Bar of jurisdiction of civil courts. 24. Transitory provision. 25. Penalties. 26. Protection of action taken in good faith. 27. Power to remove difficulties. 28. Power to make rules. 29. Repeal and saving. THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) A CT, 1983 ACT NO. 39 OF 1983 [25 th December , 1983.] An Act to provide for the establishment of Tribunal s for the determination, in a fair manner, of the question whether a person is an illegal migrant to enable the Central Government to expel illegal migrants from India and for matters connect ed therewith or incidental thereto. WHEREAS a good number of the foreigners who migrated into India across the borders of the eastern and north-eastern regions of the country on and aft er the 25th day of |
given of the intention to move the resolution. 91. (1) While the office of Chairman is vacant, or during any period when the Vice-President is acting as, or discharging the functions of, President, the duties of the office shall be performed by the Deputy Chairman, or, if the office of Deputy Chairman is also vacant, by such member of the Council of States as the President may appoint for the purpose. (2) During the absence of the Chairman from any sitting of the Council of States the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman. 92. (1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2)Vacation andresignation of, and removalfrom, the office of DeputyChairman. Power of the Deputy Chairmanor other person to performthe duties of the office of,or to act as, Chairman. The Chairman or the DeputyChairman not to presidewhile a resolution CONSTITUTION AMENDMENT IN INDIA of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting fromwhich the Chairman, or, as the case may be, theDeputy Chairman, is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in theproceedings of, the Council of States while anyresolution for the removal of the Vice-Presidentfrom his office is under consideration in theCouncil, but, notwithstanding anything inarticle 100, shall not be entitled to vote at all onsuch resolution or on any other matter duringsuch proceedings. 93. The House of the People shall, as soon as may be, choose two members of the House tobe respectively Speaker and Deputy Speakerthereof and, so often as the |
maintenance of discipline among them. The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures. Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights. Accordingly , the Parliament has enacted the Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, the Border Security Force Act and so on. These impose restrictions on their freedom of speech, right to form associations, right to be mem bers of trade unions or political associations, right to communicate with the press, right to attend public meetings or demonstrations, etc. Table 7.3 Martial Law Vs National Emer gency Martial Law National Emergency 1. It affects only Fundamental Rights. 1. It affects not only Fundamental Rights but also Centre-state relations, distribution of revenues and legislative powers between centre and states and may extend the tenure of the Parliament. 2. It suspends the government and ordinary law courts. 2. It continues the government and ordinary law courts. . It is imposed to restore the breakdown of law and order due to any reason.3. I t can be imposed only on three grounds– war, external aggression or armed rebellion. 4. It is imposed in some specific area of the country . 4. It is imposed either in the whole country or in any part of it. 5. I t has no specific provision in the Constitution. It is implicit. 5. I t has specif ic and detailed provision in the Constitution. It is explicit. The expression‘members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors who are non-combatants. A parliamentary law enacted under Article 33 can also exclude the court martial (tribuna ls established under the military law) from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned. MAR TIAL LA W AND FUNDAMENT AL RIGHTS Article 34 provides for the restrictions |
with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees. 345. Books and papers of company to be evidence. —Where a company is being wound up, all books and papers of the company and of the Company Liquidator shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be recorded therein. 1. Sub -sections ( 2), (3) and ( 4) omitted by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 1 5-11-2016). 2. Sub -section ( 6) omitted by Act 29 of 2020, s. 48 (w.e.f. 21 -12-2020). 3. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for sub -section ( 1) (w.e.f. 15 -11-2016). . Inspection of bo oks and papers by creditors and contributories. —(1) At any time after the making of an order for the winding up of a company by the Tribunal, any creditor or contributory of the company may inspect the books and papers of the company only in accordance wit h, and subject to such rules as may be prescribed. (2) Nothing contained in sub -section ( 1) shall exclude or restrict any rights conferred by any law for the time being in force — (a) on the Central Government or a State Government; (b) on any authority or officer thereof; or (c) on any person acting under the authority of any such Government or of any such authority or officer. 347. Disposal of books and papers of company. —1[(1) When the affairs of a company have been completely wound up and it is about to be dissolved, the books and papers of such company and those of the Company Liquidator may be disposed of in such manner as the Tribunal directs .] (2) After the expiry of five years from the dissolution of the company, no responsibility shall devolve on th e company, the Company Liquidator, or any person to whom the custody of the books and papers has been entrusted, by reason of any book or |
(1A) Where, on making the regular assessment, the 1[Assessing O fficer] finds that 8[any person who is required to send an estimate under sub -section ( 4) of section 209A or] any such person as is referred to in sub -section ( 3A) of section 212 has not sent the estimate referred to therein, simple interest at the rate of 4[fifteen per cent.] per annum from the 1st day of April next following the financial year in which the advance tax was payable in accordance with 9[the said sub -section ( 4) or, as the case may be, sub -section (3A)] up to the date of the regular assessment shall be payable by the assessee upon the amount by which the advance tax paid by him falls short of the assessed tax as defined in sub -section ( 5) of section 215.] 1. Subs. by Act 4 of 1988, s. 2, for “Income -tax officer” (w.e.f. 1 -4-1988). 2. Subs. by Act 14 of 1969, s. 19, for clause ( a) (w.e.f. 1 -4-1970). 3. Subs. by Act 19 of 1978, s. 28, for “sub -section ( 1) or sub -section ( 2) or sub -section ( 3) or sub -section ( 3A) of section 212” (w.e.f. 1 -6-1978). 4. Subs. by Act 67 of 1984, s. 24, for “twelve per cent.” (w.e.f. 1 -10-1984). Earlier the quoted words were substituted by Act 16 of 1972, s. 25 for “nine per cent.” (w.e.f. 1 -4-1972). 5. Subs. by Act 14 of 1969, s. 20, for sub -section ( 1) (w.e.f. 1 -4-1970 ). 6. Subs. by Act 19 of 1978, s. 29, for “the Income -tax Officer finds that any such person as is referred to in sub -section ( 3) of section 212 has not sent the estimate referred to therein, simple interest at the rate of twelve per cen t. per annum” (w.e.f. 1 -6-1978). 7. Subs. by s. 29, ibid., for “the said sub -section” (w.e.f. 1 -6-1978). 8. Ins. by s. 29, ibid. (w.e.f. 1 -6-1978). 9. Subs. by s. 29, ibid., for “the said sub |
of those processes to be inexpedient, the Collector may, where the defaulter owns any other estate or holding, or any other immovable property, proceed under the provisions of this Act against that property as if it were the land in res pect of which the arrear is due : Provided that no interest save those of t he defaulter alone shall be so proceeded against, and no incumbrances created, grants made or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against. (2) When the Collector determines to proceed under this section against im movable property other than the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer or charging of the property. (3) The Collector may at any time by order in writing withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear. (4) Any private alienation of the property, or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof shall be void. (5) In proceedings against property under this section the Collector shall follow, as nearly as the nature of the property will admit, the procedure prescribed for the enforcement of process against land on which an arrear of land -revenue is due. 78. Remedies open to person denying his liability for an arrear.— (1) Notwithstanding anything in section 66, when proceedings are taken under this Act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in a Civil Court for the recovery of the amount so paid. (2) A suit under sub- section |
Section 77: Letter of request
Description:
In lieu of issuing a commission the Court may issue a letter of request to
examine a witness residing at any place not within 1
[India] |
Chapter: 27
Section: 368
Section Title: Power of High Court to confirm sentence or annul conviction
Description:
In any case submitted under section 366, the High Court;
may confirm the sentence, or pass any other sentence warranted by law, or
may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or
may acquit the accused person;
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. |
shal l thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. Ins. by Act 2 of 2013 , s. 29 (w.e.f. 15 -2-2013). 2. Clauses ( s) and ( t) omitted by Act 28 of 2016, s. 232 (w.e.f. 1 -6-2016). 3. Ins. by Act 20 of 2005, s. 8 (w.e.f. 1 -7-2005). . Power to remove dif ficulties .—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be neces sary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years fro m the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. THE SCHEDULE [See section 2( y)] 1[PART A PARAGRAPH 1 OFFENCES UNDER THE INDIAN PENAL CODE (45 OF 1860) Section Description of offence 120B Criminal conspiracy . 121 Waging or attempting to wage war or abetting waging of war, against the Government of India . 121A 255 257 258 259 260 302 304 307 308 327 329 364A 384 to 389 392 to 402 411 412 413 414 417 418 419 420 421 Conspiracy to commit offences punishable by section 121 against the State. Counterfeiting Government stamp. Making or selling instrument for counterfeiting Government stamp. Sale of counterfeit Government stamp. Having possession of counterfeit Government stamp. Using as genuine a Government stamp known to be counterfeit. Murder. Punishment for culpable homicide not amounting to murder. Attempt to murder. Attempt to commit culpable homicide. Voluntarily causing hurt to extort property, or to constrain to an illegal act. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act. Kidna pping for ransom, etc. |
in exercise of any power conferred by or under this Chapter shall, except as hereinbefore provided, be called in question in any Court.'' [Vide Uttar Pradesh Ac t XXIII of 1965, s. 12] CHAPTER III OF VILLAGE -FORESTS 28. Formation of village -forests. —(1) The 1[State Government ] may assign to any village -community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village -forests. (2) The 1[State Gove rnment ] may make rules for regulating the management of village -forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest -produce or pasture, and their duties for the prot ection and improvement of such forest. (3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village -forests. STATE AMENDMENTS Jammu and Kashmir and Ladakh (UTs). — Sectio n 28. - (i) in sub -section ( 1), for the word “reserved forest”, substitute the words “reserved forest or declared a protected forest or is a land which has been entered in settlement records as khalsa land ”; (ii) in sub -section (3) after the words “reserved forests”, insert the words “or protected forests, as the case may be”. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18 -3-2020). and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S .O.3774(E), dated (23-10-2020 ).] Uttar Pradesh Amendment of section 28 of Act XVI of 1927 —In section 28 of the Indian Forest Act, 1927 as amended in its application to Uttar Pradesh (Hereinafter called the principal Act): (1) in sub -section (1) (i) between the word “Forest” and the comma, the following shall be inserted: “or declared a protected forest or is a forest belon ging to the Government.” (ii) for the full stop occurring at the end, a com |
00 1602 41 00 -- - -- Other Of swine : Hams and cuts thereof kg. kg. 30% 30% - - 1602 42 00 -- Shoulders and cuts thereof kg. 30% - 1602 49 00 -- Other, including mixtures kg. 30% - 1602 50 00 - Of bovine animals kg. 30% - 1602 90 00 - Other, including preparations of blood of any animal kg. 30% - 1603 EXTRACTS AND JUICES OF MEAT , FISH OR CRUSTACEANS , MOLLUSCS OR OTHER AQUATIC INVERTEBRATES 1603 00 1603 00 10 - --- Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates : Extracts and juices of meat kg. 30% - 1603 00 20 --- Extracts of fish kg. 30% - 1603 00 90 --- Other kg. 30% - 1604 PREPARED OR PRESERVED FISH; CAVIAR AND CAVIAR SUBSTITUTES PREPARED FROM FISH EGGS 1604 11 00 - -- Fish, whole or in pieces, but not minced : Salmon kg. 30% - 1604 12 -- Herrings : 1604 12 10 --- Pickled kg. 30% - 1604 12 90 --- Other kg. 30% - 1604 13 -- Sardines, sardinella and brisling or sprats: 1604 13 10 --- Sardines, sardinella and brisling kg. 30% - 1604 13 20 --- Sprats kg. 30% - 1604 14 -- Tunas, skipjack t una and bonito (Sarda spp.): 1604 14 10 --- Tunas kg. 30% - 1604 14 90 --- Other kg. 30% - 1604 15 00 -- Mackerel kg. 30% - 1604 16 00 -- Anchovi es kg. 30% - 1604 17 00 -- Eels kg. 30% - 1604 18 00 -- Shark fins kg. 30% - 1604 19 00 -- Other kg. 30% - 1604 20 00 - Other prepared or preserved fish kg. 30% - SECTION -IV CHAPTER -16 (1) (2) (3) (4) (5) - Caviar and caviar substitutes : 1604 31 00 -- Caviar kg. 30% - 1604 32 00 -- Caviar substitutes kg. 30% - 1605 CRUSTACEANS , MOLLUSCS AND OTHER AQUATIC INVERTEBRATES , PREPARED OR PRESERVED 1605 10 00 - Crab kg. 30% - - Shrimps and prawns : 1605 21 |
may send the Bill to the Rajya Sabha for reconsideration (d) The President may call a joint sitting for passing the Bill 12. Which one of the following statements is correct? (a) In India, the same person cannot be appointed as Governor for two or more States at the same time (b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President (c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post (d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support 13. With refer ence to Indian History , the Members of the Constituent Assembly from the Provinces were (a) directly elected by the people of those Provinces (b) nominated by the Indian National Congress and the Muslim League (c) elected by the Provincial Legislative Assemblies (d) selected by the Government for their expertise in constit utional matters 14. Consider the following statements: 1. An amendment to the Const itution of India can be initiated by an introduction of a bill in the Lok Sabha only . 2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India. Which of the statements given above is/ are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 15. Consider the following statements: Attorney General of India can 1. take part in the proceedings of the Lok Sabha 2. be a member of a committee of the Lok Sabha 3. speak in the Lok Sabha 4. vote in the Lok Sabha Which of the statements given above is/ are correct? (a) 1 only (b) 2 and 4 only (c) 1, 2 and 3 (d) 1 and 3 only . Which of the following |
Bill, 1966. Amendment) Act, 1966. 26. Constitution (Twenty-third Constitution (Twentieth — Amendment) Bill, 1966. Amendment) Act, 1966. 27. Constitution (Twenty-first Constitution (Twenty-first — Amendment) Bill, 1967. Amendment) Act, 1967. 28. Constitution (Twenty-second — The B ill, as reported Amendment) Bill, 1968. by Joint Committee, was withdrawn by the leave ofthe House.12 3 4 CONSTITUTION AMENDMENT IN INDIA 29. Constitution (Twenty- Constitution (Twenty-second — second Amendment) Bill, Amendment) Act, 1969. 1969. 30. Constitution (Twenty-third Constitution (Twenty-third — Amendment) Bill, 1969. Amendment) Act, 1969. 31. Constitution (Twenty-fourth — Neg atived as the Amendment) Bill, 1970. motion for consideration of the Bill, as passed by Lok Sabha, was notcarried by a requisite majority in accordance with the provisions of theConstitution. 32. Constitution (Twenty-fourth Constitution (Twenty-fourth — Amendment) Bill, 1971. Amendment) Act, 1971. 33. Constitution (Twenty-fifth Constitution (Twenty-fifth — Amendment) Bill, 1971. Amendment) Act, 1971. 34. Constitution (Twenty-sixth Constitution (Twenty-sixth — Amendment) Bill, 1971. Amendment) Act, 1971. 35. Constitution (Twenty- Constitution (Twenty- — seventh Amendment) Bill, seventh Amendment) Act, 1971. 1971. 36. Constitution (Twenty-eighth — Removed from the Amendment) Bill, 1971. register of B ill as its provisions wereincluded in the Consti- tution (Forty-second Amendment) Act, 1976. 37. Constitution (Twenty-ninth — Lapsed on the Amendment) Bill, 1972. dissolution of Fifth Lok Sabha. 38. Constitution (Thirtieth Constitution (Thirtieth — Amendment) Bill, 1972. Amendment) Act, 1972.12 3 4 CONSTITUTION AMENDMENT IN INDIA 887 39. Constitution (Thirty-first Constitution (Twenty- — Amendment) Bill, 1972. eighth Amendment) Act, 1972. 40. Constitution (Thirty- Constitution (Twenty- — second Amendment) ninth Amendment) Act,Bill, 1972. 1972. 41. Constitution (Thirty-first Constitution (Thirty-first — Amendment) Bill, 1973. Amendment) Act, 1973. 42. Constitution (Thirty-second — Lapsed on the Amendment) Bill, 1973. dissolution of Fifth Lok Sabha. 43. Constitution (Thirty-third Constitution (Thirty-second — Amendment) Bill, 1973. Amendment) Act, 1973. 44. Constitution (Thirty-fourth Constitution (Thirty-fourth — Amendment) Bill, 1974. Amendment) Act, 1974. 45. Constitution (Thirty-fifth Constitution (Thirty-third — Amendment) Bill, 1974. Amendment) Act, 1974. 46. Constitution (Thirty-sixth Constitution (Thirty-fifth — Amendment) Bill, 1974. Amendment) Act, 1974. 47. Constitution (Thirty-seventh Constitution (Thirty-seventh — Amendment) Bill, 1975. Amendment) Act, 1975. 48. Constitution (Thirty-eighth Constitution (Thirty-sixth — Amendment) Bill, 1975. Amendment) |
only some of those tribal areas, be apportioned between the State of Assam and the autonomous State as the President may, by order, specify; (ii) there shall be paid out of the Consolidated Fund of India as grants-in-aid of the revenues of the autonomous State sums, capital and recurring, equivalent to the costs of such schemes of development as may be undertaken by the autonomous State with the approval of the Government of India for the purpose of raising the level of administration of that State to that of the administration of the rest of the State of Assam.] (2) Until provision is made by Parliament under clause (1), the powers conferred on Parliament under that clause shall be exercisable by the President by order and any order made by the President under this clause shall have effect subject to any provision so made by Parliament: Provided that after a Finance Commission has been constituted no order shall be made under this clause by the President except after considering the recommendations of the Finance Commission. 276. Taxes on professions, trades, callings and employments. —(1) Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income. ______________________________________________ 1. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71, for "Part A" (w.e.f. 21-1-1972). 2. Ins. by the Constitution (Twenty-second Amendment) Act, 1969, s. 3 (w.e.f. 25-9-1969). THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits) 159 (2) The total amount payable in respect of any one person to the State or to any one municipality, district board, local board or other local authority in the State by way of taxes on professions, trades, callings and employments shall not exceed 1[two thousand and five hundred rupees] per annum. 2* * * * (3) The power of the Legislature of a State |
Section 355: Description of IPC Section 355
According to section 355 of Indian penal code, Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 355 in Simple Words
Section 355 of the Indian Penal Code states that if someone intentionally assaults or uses criminal force against another person to dishonor them, except in cases of serious and sudden provocation from that person, they can be punished with imprisonment for up to two years, or a fine, or both. Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation 2 Years or Fine or Both Non-Cognizable Bailable Any Magistrate |
2 **Details of projects where activity has been suspended shall be given separately. (viii) Details of Benami Property held Where any proceedings have been initiated or pending against the company for holding any benami property under the Benami Transactions (Prohibition) Act, 1988 (45 of 1988) and rules made thereunder, the company shall disclose the following: - (a) Details of such property, (b) Amount thereof, (c) Details of Beneficiaries, (d) If property is in the books , then reference to the item in the Balance Sheet, (e) If property is not in the books, then the fact shall be stated with reasons, (f) Where there are proceedings against the company under this law as an abetter of the transaction or as the transferor then the details shall be provided. (g) Nature of proceedings, status of same and company‘s view on same. (ix) Where the Company has borrowings from banks or financial institutions on the basis of security of current assets, it shall disclose the following: - (a) whether quarterly returns or statements of current assets filed by the Company with banks or financial institutions are in agreement with the books of accounts, (b) if not, summary of reconciliation and reasons of material discrepancies if any to be ad equately disclosed. (X) Wilful Defaulter* Where a company is a declared wilful defaulter by any bank or financial Institution or other lender, following details shall be given, namely: - (a) date of declaration as wilful defaulter, (b) details of defaults (amount and nature of defaults). *wilful defaulter‖ here means a person or an issuer who or which is categorized as a willful defaulter by any bank or financial institution (as defined under the Companies Act, 2013) or consortium thereof, in accordance wi th the guidelines on wilful defaulters issued by the Reserve Bank of India. (xi) Relationship with Struck off Companies Where the company has any transactions with the companies struck off under section 248 of Companies Act, 2013 or section 560 of Companie s Act, 1956, the Company shall disclose the following details, Name of struck off Company Nature of transactions with |
safeguardsand to make recommendations in the report as to the measures to betaken by the Union or any State for effective implementation of thesafeguards and other measures; and to discharge other functions inrelation to protection, welfare, development and advancement of the Scheduled Castes and the Scheduled Tribes as the President may, by rule, specify. Clause (6) provides that the President shall cause all suchreports to be laid before each House of Parliament. Where any suchreport relates to any matter with which any State Government isconcerned, a copy of such report shall be forwarded to the Governorof the State, who shall cause the same to be laid before the Legislature of the State. The Commission shall have all the powers of a civil court while investigating any matter relating to safeguards of Scheduled Castesand Scheduled Tribes or inquiring into any complaint with respect tothe deprivation of rights and safeguards of the Scheduled Castes andScheduled Tribes. The Union and every State Government shall consultthe Commission on all major policy matters affecting the Scheduled Castes and the Scheduled Tribes. (Section 2) CONSTITUTION AMENDMENT IN INDIA 245 LXVI THE CONSTITUTION (SIXTY-SIXTH AMENDMENT) ACT, 1990447 Objects and Reasons of the Bill Article 31B of the Constitution confers on the enactments included in the Ninth Schedule to the Constitution, immunity from legal challengeon the ground that they violate the Fundamental Rights enshrined inPart III of the Constitution. In the past, whenever it was found that progressive legislation, conceived in the interest of the public, was imperilled by litigation,recourse was taken to the Ninth Schedule. Several State enactmentsrelating to land reforms and ceiling on agricultural land holdings hadbeen included in the Ninth Schedule. Since the Government wascommitted to give importance to land reforms, it was decided to includeall land reform laws in the Ninth Schedule so as to save them frombeing challenged before the Courts. The State Governments ofAndhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Karnataka, Kerala,Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Uttar Pradesh,West Bengal, Tamil Nadu and the administration of the Union territoryof Pondicherry have suggested the inclusion of some of their Actsrelating to land reforms to the |
shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal. 1. Subs. by Act 27 of 2013, s. 4, for “wakf” (w.e.f. 1 -11-2013). 2. Ins. by s. 53, ibid. (w.e.f. 1 -11-2013). 3. Ins. by s. 54, ibid. (w.e.f. 1 -11-2013). (2) The Go vernment agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value. ] 105. Power of Board and Chief Executive Offi cer to require copies of documents, etc., to be furnished. —Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Board or the Chief Executive Officer to require any person having the custody of any record, register, report or other document relating to a 1[waqf] or any immovable property, which is 1[waqf] property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may be practicable, to the Board or Chief Executive Officer, copies or extracts from the required record, register, report or other document. 106. Powers of Central Government to constitute comm on Boards .—(1) Where the Central Government i s satisfied that by reasons of — (i) the smallness of the Muslim population in two or more States, (ii) the slender resources of the 2[Auqaf] in such States, and (iii) the disproportion between the number and inc ome of the 2[auqaf] and the Muslim population in such States, it is expedient in the interests of the 2[auqaf] in the States and the Muslim population of such States, to have, instead of separate Boards for each of such States, a common Board, it may, 3[after consultation with the Council and the Government ] of each of the concerned States, establish, by notification in the Official Gazette, a common Board for such |
until a new Vice -Chancellor or the existing Vice -Chancellor, as the case may be, assumes office: Provide d also that when the office of the Vice -Chancellor becomes vacant and there is no Pro -Vice - Chancellor to perform the functions of the Vice -Chancellor, the Executive Council may appoint a Pro - Vice -Chancellor and the Pro -Vice -Chancellor so appointed, shall c ease to hold office as such as soon as the Vice -Chancellor is appointed and enters upon his office. (3) The emoluments and other terms and conditions of service of a Pro -Vice -Chancellor shall be such as may be prescribed by the Ordinances. (4) A Pro -Vice -Chancellor shall assist the Vice -Chancellor in respect of such matters as may be specified by the Vice -Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vi ce-Chancellor. 5. Deans of Faculties .—(1) Every Dean of a Faculty shall be appointed by the Vice -Chancellor from amongst the Professors in the Faculty for a period of three years and he shall be eligible for reappointment: Provided that a Dean on attaining the age of sixty -two years shall cease to hold office as such: Provided further that if at any time there is no Professor in a Faculty, the Vice -Chancellor, or a Dean authorised by the Vice -Chancellor in this behalf, shall exercise the p owers of the Dean of a Faculty. (2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such person as the Vice -Chancellor may app oint for the purpose. (3) The Dean shall be the Head of the Faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the Faculty and shall have such other functions as may be prescribed by the Ordinances . |
Section 499: Description of IPC Section 499
According to section 499 of Indian penal code, Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
IPC 499 in Simple Words
If someone makes or publishes false statements, signs, or visible representations with the intention to harm or with knowledge that it will harm the reputation of another person, they are said to defame that person, except in specific exempted cases.
Cited by
Miss Xyz vs The State Of Gujarat
Manohar Lal Sharma vs Sanjay Leela Bhansali
Arnab Ranjan Goswami vs Union Of India
Manoj Kumar Tiwari vs Manish Sisodia
Mohammed Abdulla Khan vs Prakash K nan nan nan nan nan |
limit inspections pursuant to Article IX. Inspection procedures 23. In addition to ag reed guidelines, other relevant provisions of this Annex and the Confidentiality Annex, paragraphs 24 to 30 below shall apply. 24. A facility agreement for the declared plant site shall be concluded not later than 90 days after completion of the initial in spection between the inspected State Party and the Organization unless the inspected State Party and the Technical Secretariat agree that it is not needed. It shall be based on a model agreement and govern the conduct of inspections at the declared plant s ite. The agreement shall specify the frequency and intensity of inspections as well as detailed inspection procedures, consistent with paragraphs 25 to 29. 25. The focus of the inspection shall be the declared Schedule 2 plant(s) within the declared plant site. If the inspection team requests access to other parts of the plant site, access to these areas shall be granted in accordance with the obligation to provide clarification pursuant to Part II, paragraph 51, of this Annex and in accordance with the fac ility agreement, or, in the absence of a facility agreement, in accordance with the rules of managed access as specified in Part X, Section C, of this Annex. 26. Access to records shall be provided, as appropriate, to provide assurance that there has been no diversion of the declared chemical and that production has been consistent with declarations. 27. Sampling and analysis shall be undertaken to check for the absence of undeclared scheduled chemicals. 28. Areas to be inspected may include: (a) Areas wher e feed chemicals (reactants) are delivered or stored; (b) Areas where manipulative processes are performed upon the reactants prior to addition to the reaction vessels; (c) Feed lines as appropriate from the areas referred to in sub -paragraph ( a) or sub-paragraph ( b) to the reaction vessels together with any associated valves, flow meters, etc.; (d) The external aspect of the reaction vessels and ancillary equipment; (e) Lines from the r eaction vessels leading to long or short -term storage or to equipment |
such assessee being a Hindu undivided family, by the mode referred to in sub -section ( 2) of section 64 at any time after the 31st day of December, 1969,] 1. Subs. by Act 17 of 2013, s. 4, for “the Foreign Exchange Regulation Act , 1973 (46 of 1973)” (w.e.f. 1 -4-2013). 2. Subs. by Act 7 of 2017, s. 24 for “1st day of April, 1981” (w.e.f. 1 -4-2018). 3. Subs. by Act 10 of 2000, s. 22, for clause ( v) (w.e.f. 1 -4-1993). 4. Subs. by Act 25 of 2014, s. 19, for “Consumer Price Index for U rban non -manual employees” (w.e.f. 1 -4-2016). 5. Section 49 re -numbered as sub -section ( 1) thereof by Act 20 of 1967, s. 20 (w.e.f. 1 -4-1967). 6. Subs. by Act 11 of 1987, s. 16, for sub -clause ( b) (w.e.f. 1 -4-1988). 7. Ins. by Act 10 of 1965, s. 16 (w.e.f. 1-4-1965). 8. Ins. by Act 20 of 1967, s. 20 (w.e.f. 1 -4-1967). 9. Ins. by Act 18 of 1992, s. 25 (w.e.f. 1 -4-1993). 10. Subs. by Act 20 of 2015, s. 15, for “or clause ( viaa) or clause ( vica) or clause ( vicb)” (w.e.f. 1 -4-2016). 11. Ins. by Act 7 of 2017, s. 25 (w.e.f. 1 -4-2018). 12. Subs. by Act 23 of 2012, s. 16, for “clause ( xiiib) of section 47” (w.e.f. 1 -4-1999). 13. Ins. by Act 41 of 1975, s. 12 (w.e.f. 1 -4-1976). the cost of acquisition of the asset shall be deemed to be the cost for which the previous owner of the property acquired it, as increased by the cost of any improvement of the assets incurred or borne by the previous owner or the assessee, as the case may be. 1[Explanation .—In this 2[sub-section] the expression “previous owner of the property” in relation to any capital asset owned by an assessee means the last previous owner of the capital asset who acquired it by a mode of acquisition other than that referred to in clause ( i) or 3[clause ( |
the minor. (2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wi shes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. (3) If the minor is old enough to form an intelligent preference, the Court may consider that preference. 1* * * * * (5) The Court shall not appoint or declare any person to be a guardian against his will. 18. Appointment or declaration of Collector in virtue of office. —Where a Collector is appointed or declared by the Court in virtue of his office to be guardian of the person or property, or both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the person for the time being holding the office to act as guardian of the minor with respect to his person or property , or both, as the case may be. 19. Guardian not to be appointed by the Court in certain cases. —Nothing in this Chapter shall authori se the Court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a Co urt of Wards, or to appoint or declare a guardian of the person — (a) of a minor who is a married female and whose husband is not, in the opinion of the Court, unfit to be guardian of her person, or 2[(b) of a minor, other than a married female, whose fath er or mother is living and is not, in the opinion of the court, unfit to be guardian of the person of the minor, or. ] (c) of a minor whose property is under the superintendence of a Court of Wards competent to appoint a guardian of the person of the minor. CHAPTER III DUTIES , RIGHTS AND LIABILITIES OF GUARDIANS General 20. Fiduciary |
referred to in sub -section ( 1), and on such notice of the composition of the offence being given and its acceptance by the court, the person against whom the offence is so compounded shall be discharged. 34. Appeal .—(1) Any person aggrieved by an order made under section 13 or sub -section ( 4) of section 14 or section 17 of this Act may prefer an appeal to Director General of the Bureau within such period as prescribed. (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Director General that he had sufficient cause for not preferring the appeal within the prescribed period. (3) Every appeal made under this section sha ll be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. (4) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, th e appellant shall be given a reasonable opportunity of being heard. (5) The Director General may suo motu or on an application made in the manner prescribed review the order passed by any officer to whom the power has been delegated by him. (6) Any person aggrieved by an order made under sub -section ( 1) or sub -section ( 5) may prefer an appeal to the Central Government having administrative control of the Bureau within such period as may be prescribed . 35. Members, officers and employees of Bureau to be publ ic servants .—All members, officers and other employees of the Bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 36. Protection of action taken in good faith .—No suit, prosecution or other legal proceeding shall lie against the |
or after the 1st day of July, 2012. 3[271-I. Penalty for failure to furnish information or furnishing inaccurate information under section 195. —If a person, who is required to furnish information under sub -section ( 6) of section 195, fails to fu rnish such information, or furnishes inaccurate information, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of one lakh rupees.] 4[271J. Penalty for furnishing incorrect information in reports or certificates. —Without prejudice to the provisions of this Act, where the Assessing Officer or the Commissioner (Appeals), in the course of any proceedings under this Act, finds that an accountant or a merchant banker or a registered valuer has furnished incorrect information i n any report or certificate furnished under any provision of this Act or the rules made thereunder, the Assessing Officer or the Commissioner (Appeals) may direct that such accountant or merchant banker or registered valuer, as the case may be, shall pay, by way of penalty, a sum of ten thousand rupees for each such report or certificate. Explanation .––For the purposes of this section, — (a) “accountant” means an accountant referred to in the Explanation below sub -section ( 2) of section 288; (b) “merchant ba nker” means Category I merchant banker registered with the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992. (c) “registered valuer” means a person defined in clause ( oaa) of section 2 of the Wealth -tax Act, 1957.] [272. Failure to give notice of discontinuance .]—Omitted by the Direct Tax Laws (Amendment ) Act, 1987 , (4 of 1988), s. 109 ( w.e.f . 1-4-1989). 5[272A. Penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections, etc. —(1) If any person, — (a) being legally bound to state the truth of any matter touching the subject of his assessment, refuses to answer any question put to him by an income -tax authority in the exercise of its powers under this Act; or 1. Ins. by Act |
the Development Bank the Exim Bank had also been a party thereto or as if they had been issued in favour of the Development Bank and also the Exim Bank. (4) If, on the date referred to in sub -section ( 1), any suit, a ppeal or other legal proceeding of whatever nature relating to the export financing functions of the Development Bank is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Exim Bank of the business of the Development Bank or of anything contained in this Act, but the suit, a ppeal o r other proceeding may, — (a) where it relates exclusively to the export financing functions of the Development Bank, be continued, prosecuted and enforced by or against the Exim Bank; and (b) where it relates not only to the export financing functions of the Development Bank but also to any of the other functions of that Bank , be continued, prosecuted and enforced by or against the Development Bank and the Exi m Bank or, if the Central Government by special order in writing so directs, by or against such one of the said two Banks, as may be specified in such order. (5) If any question arises as to whether any contract , deed, bond, agreement, powers -of-attorney, grant of legal representation or other instrument referred to in sub -section ( 3) or any suit, appeal or other legal proceeding referred to in sub -section ( 4) relates or relates exclusively to the export financing functions of the Development Bank, it shall be referred to the Central Government for decision and the decision of the Central Government thereon shall be final. (6) The provisions of thi s section shall have effect not withstanding anything contained in the Industrial Development Bank of India Act, 1964 (18 of 1964) or any other law or any instrument having force by virtue of the said Act or other law. CHAPTER IX MISCELLANEOUS 27. Staff of Exim Bank. —(1) The Exim Bank may appoint such number |
less t han three months and is not suspended under this Act, the offender shall be so committed on that sen tence only, and the previous sentence shall, subjec t to any order which may be passed under section 148 or section 149, continue to be suspended. 151. Scope of power of suspension of sentence. –The powers conferred by sections 144 and 148 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation. 152. Effect of suspension and remission of sentence on dismissal.– (1) Where in addition to any other sentence the punishment of dismissal has been awarded by a Force Court, and such other sentence is suspended under section 144, then, such dismissal s hall not take effect until so ordered by the author ity or officer specified in section 144. (2) If such other sentence is remitted under section 148, the punishment of dismissal shall also be remitted. CHAPTER XI MISCELLANEOUS 153. Powers and duties conferrable and imposable on members of the Force. –(1) The Central Government may, by general or special order publish ed in the Official Gazette, direct that subject to such conditions and limitations as may be specified in t he order, any member of the Force may exercise or discharge such of the powers or duties under any Ce ntral Act as may be specified in the said order, be ing the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by such Central Act empowered to exer cise or discharge for the said purposes. (2) The Central Government may, by general or special order published in the Official Gazette, confer or impose, with the concurrence of the State Govern ment concerned, any of the powers or duties which may be exercised or discharged under a State Act by a police officer upon a member of the Force who, i n the opinion of the Central Government, holds a corr esponding or higher rank. (3) Every order made under this section shall be laid , as |
on all Iron ore produced in any mine , shall be levied and collected as cess. [Minisrty of Labour Notification G.S.R. 680 (E) dated 1.08.1990] ____________________________________________________ NOTE:- The above information regarding levy of cess is as supplied by different Ministries/ Administrative bodies. For the latest information on levy of cess on different commodities, readers are advised to contact the concerned Ministry/ Board/ Export Promotion Councils/ Administrative body. The following enactments may also be consulted for the rates of cess on different commodities. 1. The Tea Act 1953; |
at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unlessbefore the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of the passing CONSTITUTION AMENDMENT IN INDIA of the second of the resolutions approving the Proclamation under clause (3): Provided that if and so often as a resolution approving the continuance in force of such aProclamation is passed by both Houses ofParliament, the Proclamation shall, unless revoked,continue in force for a further period of six monthsfrom the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in forcefor more than three years: Provided further that if the dissolution of the House of the People takes place during any suchperiod of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but noresolution with respect to the continuance in forceof such Proclamation has been passed by theHouse of the People during the said period, theProclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after itsreconstitution unless before the expiration of thesaid period of thirty days a resolution approvingthe continuance in force of the Proclamation hasbeen also passed by the House of the People. 357. (1) Where by a Proclamation issued under clause (1) of ar ticle 356, it has been declared that the powers of the Legislature of the State shallbe exercisable by or under the authority ofParliament, it shall be competent— (a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to suchconditions as he may think fit to impose,the power so conferred to any other |
THE NATIONAL NURSING AND MIDWIFERY COMMISSION ACT, 2023 _____________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II NATIONAL NURSING AND MIDWIFERY COMMISSION . 3. National Nursing and Midwifery Commission . 4. Composition of National Commission . 5. Search -cum Selection Committee for appointment of Chairperson and Members of National Commission . 6. Term of office and conditions of service of Chairperson and Members of National Com mission . 7. Removal of Chairperson or Member of National Commission . 8. Secretary and other employees of National Commission . 9. Meetings of National Commission, administration, etc . 10. Powers and functions of National Commission . CHAPTER III AUTONOMOUS BOARDS 11. Autonomous Boards . 12. Composition of Autonomous Boards . 13. Term of office and conditions of service of President and Members . 14. Advisory committees of experts . 15. Staff of Autonomous Boards . 16. Meetings, etc., of Autonomous Boards . 17. Powers of Autonomous Boards and delegation of powers . 18. Powers and functions of Nursing and Midwifery Undergraduate and Postgraduate Education Board . 19. Powers and functions of Nursing and Midwifery Assessment and Rating Board . 20. Powers and functions of Nursing and Midwifery Ethics and Registra tion Board . . Permission for establishment of new nursing or midwifery institution . 22. Criteria for approving or disapproving proposal . CHAPTER IV STATE NURSING AND MIDWIFERY COMMISSIONS 23. Constitution and composition of State Nursing and Midwifery Commission . 24. Functions of State Commission . CHAPTER V REGISTRATION 25. National Register and State Register . 26. Rights of persons to have licence to practice and to be enrolled in National Register or State Register for Nursing and Midwifery Professionals and their obligations thereto. 27. Bar to practice. CHAPTER VI RECOGNITION OF NURSING AND MIDWIFERY QUALIFICATIONS 28. Recognition of nursing and Midwifery qualifications granted by Universities or nursing and midwifery institutions in India. 29. Recognition of nursing and midwifery qualifications granted by nursing and midwifery institutions outside India. 30. Recognition of nursing and midwifery qualifica tions granted by statutory or other body in India. |
the appropriate Government shall appoint another person in accordance with the provisions of this Act to fi ll the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled. . Powers of Tribunal .—(1)The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice. (2) Subject to the provisions of this Act, the Appellate Tribunal shall have power to regulate its own procedure. (3) The Appellate Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872 (1 of 1872) . (4) The Appellate Tribunal shall have, for the purpose of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely: — (a) summoning and enforcing the attendance of any pe rson and examining him on oath; (b) requiring the discove ry and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examinat ions of witnesses or documents; (e) reviewing it s decisions; (f) dismissing an application for defaul t or directing it ex parte ; and (g) any other matter which may be prescribed. (5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the Indian Penal Code (45 of 1860) , and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974) . 54. Administrative powers of Chairperson of Appellate Tribunal .—The Chairperson shall have powers of general superintendence and direction in the conduct of the affairs of Appellate Trib unal and he shall, in addition to presiding over the mee tings of the Appellate Tribunal, exercise and discharge such administrative powers and functions |
21st December, 2020 -S. 1, 3,6 to 10 (both inclusive), s. 12 to 17 (both inclusive), clauses (a) and (b) of s. 18, s. 19 to 21 (both inclusive), c lause (i) of s. 22, 24,26, 28 to 31 (both inclusive), s. 33 to 39 (both inclusive), s. 41 to 44 (both inclusive), s. 46 to 51 (both inclusive), s. 54, 57, 61 and 63, vide notification No. S.O. 4646(E), dated 21st December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019 , this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 22nd January , 202 1- Sections . 2, 11, clause ( c) of sec. 18, Clause ( ii) Sec. 22, Sec tions. 25, 27, 53, 55, 58, 60, 59, 62, 64, 65 , vide notification No. S.O. 325(E), dated 21st January , 202 1, see Gazette of India, Extraordinary, Part II, sec. 3 ( ii). 11th February , 202 1- Sections . 52 & 66, vide notification No. S.O. 644(E), dated 11th February , 202 1, see Gazette of India, Extraordinary, Part II, sec. 3 ( ii). 18th March, 2021 -Sections . 32 & 40 , vide notification No. S.O. 1255 (E), dated 18th March, 202 1, see Gazette of India, Extraordinary, Part II, sec. 3 ( ii). 1st September , 2021 -Section . 4, vide notification No. S.O. 2904 (E), dated 22nd July, 202 1, see Gazette of India, Extraordinary, Part II, sec. 3 ( ii). 1st July, 2022 -Section . 56, vide notification No. S.O. 148(E), dated 11th January , 202 2, see Gazette of India, Extraordinary, Part II, sec. 3 ( ii). 30th October, 2023 -Section . 5, vide notification No. S.O. 4744 (E), dated 30th October , 202 3, see Gazette of India, Extraordinary, Part II, sec. 3 ( ii). be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force |
for verification through on -site inspection and monitoring with on -site instruments, and the time-frame for application of the arrangements, are sufficient. 7. In the case of a facility, referred to in paragraph 6, that will cease operations not later than two years after this Convention enters into force for the State Party, the Executive Council may decide that transitional verification arrangements, approved in accordance with Par t IV(A), paragraph 51, of this Annex and including a transitional facility agreement, provisions for verification through on -site inspection and monitoring with on -site instruments, and the time -frame for application of the arrangements, are sufficient. 8. Facility agreements shall be based on models for such agreements and provide for detailed arrangements which shall govern inspections at each facility. The model agree ments shall include provisions to take into account future technological developments and shall be considered and approved by the Conference pursuant to Article VIII, paragraph 21 ( i). 9. The Technical Secretariat may retain at each site a sealed container for photographs, plans and other information that it may wish to refer to in the course of subsequent inspections. B. STANDING ARRANGEMENTS 10. Where applicable, the Technical Secretariat shall have the right to have continuous monitoring instruments and systems and seals installed and to use them, in conformity with the relevant provisions in this Convention and the facility agreements betwee n States Parties and the Organization . 11. The inspected State Party shall, in accordance with agreed procedures, have the right to inspect any instrument used or installed by the inspection team and to have it tested in the presence of representatives of the inspected State Party. The inspection team shall have the right to use the instruments that were installed by the inspected State Party for its own monitoring of the technological process of the destruction of chemical weapons. To this end, the inspection team shall have the right to inspect those instruments that it intends to use for purposes of verification of the destruction of chemical weapons and to have them tested in its presence. . The inspected |
, on the south by a line running from B andgora via Bolpur Dak B ungalow to the bridge over the 2[Eastern Railway] cutting, and on the east by the 3[Eastern Railway] line. ________________ 1. Subs. by Act 31 of 1984, s. 26, for “11.5 square miles” (w.e.f. 8 -8-1984). 2. Subs. by s. 26, ibid., for “East Indian Railway” (w.e.f. 8 -8-1984). |
1 -9-2016). 2. Subs. by s . 15, ibid., for “children” (w.e.f 1 -9-2016). 3. Subs. by s. 15, ibid., for “child” (w.e.f. 1 -9-2016). 4. Subs. by s. 16, ibid., for “section 3 and 14” (w.e.f. 1 -9-2016). 5. Subs. by s. 17, ibid., for “children” (w.e.f. 1 -9-2016). (l) employment of 1[adolescent] on dangerous mach ines; (m) instructions, training and supervision in relation to employment of 1[adolescent] on dangerous machines; (n) device for cutting off power; (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, o penings in floors, etc.; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc.; (v) precautions in case of fir e; (w) maintenance of buildings; and (x) safety of buildings and machinery. PART IV MISCELLANEOUS 14. Penalties .—2[(1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or gu ardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3. (1A) Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine whic h shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3A. (1B) Notwithstanding anything contained in sub -sections ( 1) and (1A) the parents or guardians of any child or adolescent referred to in |
studies, law, legal studies, criminology and other allied areas and technology, including training, skill-development, research and extension of work with focus on emerging areas in the said fields for strengthening criminal justice institutions in the country; (ii) to foster research and applied applications in forensic science, applied behavioural science studies, law, legal studies and other allied areas and technology for training, research and development by promoting innovations and best practices; (iii) to promote and provide advanced institutional and research facilities in the fields of fore nsic science, applied behavioural science, law, legal studies and other allied areas and technology; (iv) to create capacities and capabilities of global standards of education, training and research for development of aptitude, skills and knowledge within and outside the country at various levels in the fields of forensic science, applied behavioural scienc e, law, legal studies and other allied areas and technology; (v) to coordinate with the Central Government and State Governments to improve investigation, crime detection and prevention through projects and research, funded by grants -in-aid from the Centra l Government and State Governments, in fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology; (vi) to advice and assist the Central Government, State Governments and Union territory Administrations in formulation of relevant policies including their review in the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology; (vii) to coordinate and network with the instit utions having specialisation so as to expand the fields of forensic science, applied behavioural science, law, legal studies, criminology and other allied areas and technology, for promoting academics and research work through various pursuits; (viii) to a dminister, maintain and manage the University and to establish such off -site campus and off-shore centres for education, training and research as are necessary for the furtherance of the objects of the University within and outside the country; (ix) to ass ist the Central Government or State Governments to accredit forensic science laboratories, provide standard operating procedures, and lay down specifications for forensic equipment and kits |
in defau lt of B. The agreement is void. . Surety ’s liability .—The liability of the surety is co - extensive with that of the principal debtor, unless it is otherwise provided by t he contract. Illustration A guarantees to B the payment of a bill of exchange by C, the acceptor. The bill is dishonoured by C. A is liable , not only for the amount of the bill , but also for any interest and charges w hich may have become due on it. 129. “Continuing guarantee ”.—A guarantee which extends to a series of transactions , is called a “continuing guarantee ”. Illustrations (a) A, in consideration that B will employ C in collecting the rent of B ’s zamindari, promises B to be responsible, to the amount of 5,000 rupees, for the due collection and payment by C of those rents. This is a continuing guarantee. (b) A guarantees payment to B, a tea -dealer, to the amount of £100, for any tea he may from time to time supply to C. B supplies C with tea to above the value of £100, and C pays B for it. Afterwards , B supplies C with tea to the value of £200. C fails to pa y. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the exten t of £100. (c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B delivers five sack s to C. C pays for them. Afterwards B delivers four sacks to C, which C does riot pay for. The guarantee given by A was not a continuing guarantee, and accordingly he is not liable f or the price of the four sacks. 130.Revo cation of continuing guarantee .—A continuing guarantee may at any time be revoked by the surety, as to future transacti ons, by notice to the creditor. Illustrations (a) A, in consideration of B ’s discounting, at A ’s request, |
produce accounts and documents. —If a person wilfully fails to produce, or cause to be produced, on or before the date specified in any notice served on him under sub -section ( 1) of section 142, such accounts and documents as are referred to in the notice 10[or wilfully fails to comply with a d irection issued to him under sub -section ( 2A) of that section], he shall be punishable with rigorous imprisonment for a term which may extend to one year 11[and with fine].] 1. Ins. by Act 18 of 2005, s. 62 (w.e.f. 1 -4-2006). 2. Subs. by Act 4 of 1988, s. 126, for “sub -section ( 2) of section 139” (w.e.f. 1 -4-1989). 3. Subs. by Act 32 of 2003, s. 97, for “section 148” (w.e.f. 1 -6-2003). 4. Subs. by Act 23 of 2012, s. 107, “one hundred thousand rupees” (w.e.f. 1 -7-2012). 5. Subs. by s. 107, ibid., for “three years” (w.e.f. 1 -7-2012). 6. Subs. by Act 18 of 200 5, s. 62, for “return of income under sub -section ( 1) of section 139” (w.e.f. 1 -4-2006). 7. Subs. by Act 13 of 2018, s. 54, for “tax payable by him” (w.e.f. 1 -4-2018). 8. Ins. by Act 14 of 1997, s. 10 (w.e.f. 1 -1-1997). 9. Ins. by Act 42 of 1970, s. 52 (w .e.f. 1 -4-1971). 10. Ins. by Act 41 of 1975, s. 69 (w.e.f. 1 -4-1976). 11. Subs. by Act 25 of 2014, s. 74, for “or with fine equal to a sum calculated at a rate which shall not be less than four rupees or more than ten rupees for every day during which the default continues, or with both “ (w.e.f. 1 -10-2014). DD. [Failure to comply with the provisions of section 269SS]. —Omitted by the Dir ect Tax Laws (Amendment ) Act, 1987 (4 of 1987) , s. 119 (w.e.f. 1-4-1989) . Earlier it was inserted by the Finance Act (21 of 1984), s. 31 ( w.e.f. 1-4-1984) and later on amended by the Taxation Laws (Amendments and Miscellaneous Provisions ) Act (46 |
Chapter: 29
Section: 379
Section Title: Appeal against conviction by High Court in certain cases
Description:
Where the High Court has, on appeal reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. |
of this Chapter shall apply to all hotels and lodging houses in the areas which, immediately before the 7th day of April, 1958, were included in the New Delhi Municipal Committee, Municipal Com mittee, Delhi and the Notified Area Committee, Civil Station, Delhi and may be applied by the Central Government, by notification in the Official Gazette, to hotels and lodgi ng houses within the limits of such other urban area of the Municipal Corporation of Delhi as may be specified in the notification: Provided that if the Central Government is of opinion that it would not be desirable in the public interest to make the prov isions of this Chapter applicable to any class of hotels or lodging houses, it may, by notification in the Official Gazette, exempt such class of hotels or lodging houses from the operation of this Chapter. . Fixing of fair rate .—(1) Where the Controller , on a written complaint or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging houses are excessive, he may fix a fair rate to be charged for board, lodging or other services pr ovided in the hotel or lodging house and in fixing such fair rate, specified separately the rate for lodging, board or other services. (2) In determining the fair rate under sub -section ( 1), the Controller shall have regard to the circumstances of the case and to the prevailing rate of charges for the same or similar accommodation , board and service, during the twelve months imme diately preceding the 1st day of June, 1951, and to any general increase in the cost of living after that date. 32. Revision of f air rate .—On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Controller may, from time to time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, and fix such rate as he may deem fit having regard to |
or leasehold interest specified in the aforesaid agreement for transfer is so specified with a view to defeat the provisions of this Chapter, it may, by order, declare such encumbrance or leasehold interest to be void and thereupon the aforesaid property shall vest in the Central Government free from suc h encumbrance or leasehold interest.] (2) The transferor or any other person who may be in possession of the immovable property in respect of which an order under sub -section ( 1) of section 269UD is made, shall surrender or deliver possession thereof to th e appropriate authority or any other person duly authorised by the appropriate authority in this behalf within fifteen days of the service of such order on him: 2[Provided that the provisions of this sub -section and sub -sections ( 3) and ( 4) shall not apply where the person in possession of the immovable property, in respect of which an order under sub -section ( 1) of section 269UD is made, is a bona fide holder of any encumbrance on such property or a bona fide lessee of such property, if the said encumbranc e or lease has not been declared void under the proviso to sub -section ( 1) and such person is eligible to continue in possession of such property even after the transfer in terms of the aforesaid agreement for transfer.] (3) If any person refuses or fails to comply with the provisions of sub -section ( 2), the appropriate authority or other person duly authorised by it under that sub -section may take possession of the immovable property and may, for that purpose, use such force as may be necessary. (4) Notwit hstanding anything contained in sub -section ( 2), the appropriate authority may, for the purpose of taking possession of any property referred to in sub -section ( 1), requisition the services of any police officer to assist him and it shall be the duty of su ch officer to comply with such requisition. (5) For the removal of doubts, it is hereby declared that nothing in this section shall |
the Governor General in Council for the affairs of the late King of Oudh and for the purposes of Act XIX of 1887 to us Princes Kumar Kader Mirza Muhammad Jalall and Prince Dilwar Jah without warranty of title to hold unto us our exe cutors administrators and assigns as joint tenants and not as tenants in common it being intended that we should subsequently convey the said premises to Mutwallis or Trustees to be appointed by the Government of India to manage the said Emambarra and burial ground. 10. AND WHEREAS the affairs of the said King’s estate are about to be wound up finally and it is necessary to make permanent provision for the endowment of the said Emambarra and mosque and burial ground and the up -keep and maintenance thereof on a reasonable and proper footing consistent with the status of the family and having reg ard to the fact that the said Emambarra contains the tomb of His late Majesty and that other members of his family are interred therein. 11. AND WHEREAS the Governor General in Council has decided with the consent and approbation of the family of the late King that a sum shall be set aside out of the assets of the late King’s estate to purchase Government securities sufficient with rupees two hundred thousand the share belonging to the estate of the late King of Oudh of and in Government Promissory Note No. 018878 for rupees five hundred thousand standing in the name of malkai Kissore and deposited in the Lucknow Treasury to provide the annual income required for the up -keep of the said Emambarra mosque and burial ground and to form an endowment for the said Emambarra mosque and burial ground out of which repairs and extra expenses not met out of the usual yearly budget of expenditure may be met and satisfied and that the management of the said Emambarra mosque and burial ground shall be entrusted to a body o f mutwallis or Trustees who shall form the managing committee subject to the supervision and control of the |
net wealth of the parent of the minor, so far as may be, in accordance with the provisions of the third proviso to clause ( a).]] 4[(1A) Where, in the case of an individual being a member of a Hindu undivided family, any property having been the separate property of the individual has, at any time after the 31st day of December, 1969, been converted by the individual into property belonging to the family through the act of impressing such separate property with the character of property belonging to the family or throwing it 5[into the common stock of the family or been transferred by the individual, directly or indirectly, to the family oth erwise than for adequate consideration (the property so converted or transferred being hereinafter referred to as the converted property)], then, notwithstanding anything contained in any other provision of this Act or in any other law for the time being i n force, for the purpose of computing the net wealth of the individual under this Act for any assessment year commencing on or after the 1st day of April, 1972, — (a) the individual shall be deemed to have transferred the converted property, through the fam ily, to the members of the family for being held by them jointly ; (b) the converted property or any part thereof 6*** shall be deemed to be assets belonging to the individual and not to the family ; 7[(c) where the converted property has been the subject -matter of a partition (whether partial or total) amongst the members of the family, the converted property or any part thereof which is received by the spouse 8*** of the individual on such partition shall be deemed to be assets transferred indirectly by t he individual to the spouse 8*** and the provisions of sub -section ( 1) shall, so far as may be, apply accordingly :] Provided that the property referred to in clause ( b) or clause ( c) shall, on being included in the net wealth of the individual, be excluded from the net wealth of the family or, |
the date of making of the basic application. Explanation .—Where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub -section shall be reckoned from the date on which the earlier or earliest of the said applications was made. (2) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications f or protection: Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause ( b) of sub -section ( 1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions. 1[(3) In case of an application filed under the Patent Cooperation Treaty designating India and claiming priority fro m a previously filed application in India, the provisions of sub -sections ( 1) and ( 2) shall apply as if the previously filed applica tion were the basic application : Provided that a request for examination under section 11B shall be made only for one of the applications filed in India .] 136. Special provisions relating to convention applications. —(1) Every convention application shall — (a) be accompanied by a complete specification; and (b) specify the date on which and the convention country in which the ap plication for protection, or as the case may be, the first of such applications was made; and (c) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person |
and the Securities and Exchange Board of India Act, 1992 (15 of 1992) and the rules an d regulations made thereunder; and 2* * * * * (2) Nothing in sub -section ( 1) shall apply — (a) to the issue to existing members or debenture -holders of a company, of a prospectus or form of application relating to shares in or debentures of the compa ny, whether an applicant has a right to renounce the shares or not under sub -clause ( ii) of clause ( a) of sub -section ( 1) of section 62 in favour of any other person; or (b) to the issue of a prospectus or form of application relating to shares or debentur es which are, or are to be, in all respects uniform with shares or debentures previously issued and for the time being dealt in or quoted on a recognised stock exchange. (3) Subject to sub -section ( 2), the provisions of sub -section ( 1) shall apply to a pro spectus or a form of application, whether issued on or with reference to the formation of a company or subsequently. Explanation .—The date indicated in the prospectus shall be deemed to be the date of its publication. (4) No prospectus shall be issued by o r on behalf of a company or in relation to an intended company unless on or before the date of its publication, there has been delivered to the Registrar for 2[filing] , a copy thereof signed by every person who is named there in as a director or proposed d irector of the company or by his duly authorised attorney. (5) A prospectus issued under sub -section ( 1) shall not include a statement purporting to be made by an expert unless the expert is a person who is not, and has not been, engaged or interested in t he formation or promotion or management, of the company and has given his written consent to the issue of the prospectus and has not withdrawn such consent before the delivery of a copy of the prospectus to |
THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960 _________ ARRANGEMENT OF SECTIONS __________ PART I CHAPTER I.—PRELIMINARY SECTIONS 1. Short title , extent and commencement. 2. Definitions. PART II CHAPTER II—REVENUE DIVISIONS, REVENUE OFFICERS AND THEIR APPOINTMENT 3. Power to create, alter or abolish districts, sub -divisions, etc. 4. Appointment of revenue officers. 5. Collector and certain other revenue officers. 6. Settlement officers. 7. Subordination of revenue officers. 8. Combination of offices. 9. Notification of appointments. 10. Seals. CHAPTER III.—LAND AND LAND REVENUE 11. Title of Government to lands, etc. 12. Right to trees, forests, etc. 13. Assignment of land for special purposes. 14. Allotment of land. 15. Unauthorised occupation of land. 16. Liability of land to land revenue. 17. Alluvial lands. 18. Land revenue in case of diluvion. 19. Assessment of land revenue. 20. Diversion of land. 21. Remission or suspension of revenue on failure of crops. 22. Responsibility for payment of land revenue. 23. Receipt for land revenue. CHAPTER IV.—SURVEY AND SETTLEMENT OF LAND REVENUE 24. Definitions of “revenue survey”, “settlement” and “term of settlement”. 25. Inquiry into profits of agriculture. 26. Revenue sur vey. SECTIONS 27. Power to require assistance from landholders. 28. Survey numbers and villages. 29. Division of survey numbers into sub -divisions. 30. Determination of revenue -rates. 31. Preparation of statistical and fiscal records. 32. Revenue -rates how determined. 33. Publication of table of revenue -rates. 34. Confirmation of the table of revenue -rates. 35. Rates of revenue to form part of settlement register. 36. Introduction of revenue -rates. 37. Duration of revenue -rates. 38. Assessment on holdings. 39. Additional as sessment for water advantages . 40. Continuance of survey operations and rates in force at commencement of Act. 41. Power of Collector to correct errors, etc. CHAPTER V.—LAND RECORDS 42. Preparation of record of rights. 43. Publication of the record of rights. 44. Jurisdiction of civil courts to decide disputes. 45. Correction of bona fide mistake in register. 46. Register of mutations. 47. Penalty for neglect to afford information. 48. Assistance in preparation of maps. 49. Certified copies. 50. Maps an d |
IN INDIA being war or external aggression or internal disturbance or imminent danger of war or external aggression or internal disturbance, whether or not there is a Proclamation already issued by the President under clause (1) andsuch Proclamation is in operation. (5) Notwithstanding anything in this Constitution— (a) the satisfaction of the President mentioned in clause (1) and clause (3) shall be final and conclusive and shall not be questioned in any court on any ground; (b) subject to the provisions of clause (2), neither the Supreme Court nor any othercourt shall have jurisdiction to entertainany question, on any ground, regardingthe validity of— (i) a declaration made by Proclamation by the President to the effect statedin clause (1); or (ii) the continued operation of such Proclamation.” 6. In article 356 of the Constitution, after clause (4), the following clause shall be inserted, and shall be deemed always to have been inserted, namely:— “(5) Notwithstanding anything in this Constitution, the satisfaction of the Presidentmentioned in clause (1) shall be final andconclusive and shall not be questioned in any court on any ground.”. 7. In article 359 of the Constitution, after clause (1), the following clause shall beinserted, and shall be deemed always to havebeen inserted, namely:— “(1A) While an order made under clause (1) mentioning any of the rights conferred byAmend- ment of article356. Amend- ment ofarticle 359. CONSTITUTION AMENDMENT IN INDIA 487 Part III is in operation, nothing in that Part conferring those rights shall restrict the powerof the State as defined in the said Part tomake any law or to take any executive actionwhich the State would but for the provisionscontained in that Part be competent to makeor to take, but any law so made shall, to theextent of the incompetency, cease to haveeffect as soon as the order aforesaid ceasesto operate, except as respects things done oromitted to be done before the law so ceasesto have effect.” 8. In article 360 of the Constitution, after clause (4), the following clause shall be inserted, and shall be deemed always to havebeen inserted, namely:— “(5) Notwithstanding anything in this Constitution— |
Chapter: 29
Section: 373
Section Title: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
Description:
Any person,
who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or
who is aggrieved by any order refusing to accept or rejecting a surety under section 121,
may appeal against such order to the Court of Session;
Provided that nothing in this section, shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of Sub-Section (2) or Sub-Section (4) of section 122. |
Code (45 of 1860) or by any offence punishable under section 417, section 418, section 419 or section 420 of the said Code, is found in possession, or, after the receipt of such information, comes into posse ssion or has an offer, either by way of sale, pawn, exchange , or for custody, alteration or otherwise, howsoever, made to him, of property answering the description contained in such information, shall , unless — (i) he forthwith gives information to the Com missioner of Police, or at a police station of such possession or offers and takes all reasonable means to ascertain and to give information as aforesaid of the name and address of the person from whom the possession or offer was received, or (ii) the prop erty, being an article of common wearing apparel or otherwise, is incapable of identification from the written or printed information given and has been in no way concealed after the receipt of such information, on conviction, be punished with fine which m ay extend to fifty rupees in respect of each such article of property so in his possession or offered to him. 105. Melting, etc ., of property referred to in section 104 .—Whoever having received such information as is referred to in section 104 alters, melt s, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property as is referred to in that section shall, on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code (45 of 1860) or property in respect of which any offence punishable under section 417, section 418, section 419 or section 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years or with fine, or with both. 106. Taking pledge from child .—Whoever takes from any child, not appearing to be above the age of fourteen years, any article whatsoever as a pawn, pledge or security for any sum of |
promotion employees; (c) examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his ag ent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be or to have been a sales promotion employee in the establishment; (d) make cop ies of or take extracts from any register or other documents maintained in relation to the establishment under this Act; (e) exercise such oth er powers as may be prescribed. (3) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860) (4) Any person required to produce any register or other document or to give information by an Inspector under sub -section ( 2) shall be legally bound to do so. 9. Penalty. —If any employer contravenes the provisions of section 4 or section 5 or section 7 or any rules made under this Act, he shall be punishable with fine which may extend to one thousand rupees. 1. Ins. by Act 48 of 1986, s. 4 (w.e.f. 6 -5-1987). STATE AMENDMENT Union Territory of Jammu and Kashmir and Ladakh Insertion of new section -After section 9, insert - “9A. Compounding of offences. -(1) Any offence punishable under sections 4, 5 and 7 or any rules made under this Act may, either before or after the institution of the prosecution, on an application by the a lleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf: Provided that the appropriate Gove rnment may, by notification in the Official Gazette, amend the said specified compounding amount: Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: Provided also th at such offences shall be compounded only after the alleged offender has acted to the |
Section 62B: National Register of Motor Vehicles
Description:
1[62B. National Register of Motor Vehicles. --(1) The Central Government shall maintain a National Register of Motor Vehicles in such form and manner as may be prescribed by it:
Provided that all State Registers of Motor Vehicles shall be subsumed under the National Register of Motor Vehicles by such date as may be notified in the Official Gazette by the Central Government.
(2) No certificate of registration issued, or renewed, under this Act shall be valid unless it has been issued a unique registration number under the National Register of Motor Vehicles.
(3) In order to maintain the National Register of Motor Vehicles, all State Governments and registering authorities under this Act shall transmit all information and data in the State Register of Motor Vehicles to the Central Government in such form and manner as may be prescribed by the Central Government.
(4) State Governments shall be able to access the National Register of Motor Vehicles and update records in accordance with the provisions of this Act and the rules made by the Central Government thereunder.] |
4; (ii) the Secretary referred in sub -section ( 2) of section 8; and (iii) the President and Members of Autonomous Boards referred in sub -sections ( 3), (4) and ( 5) of section 12, on the recommendations of a Search -cum-Selection Committee consisting of — (a) the Secretary, Ministry of Health and Family Welfare —Chairperson; (b) four nursing and midwifery experts possessing outstanding qualificat ions and experience of not less than twenty -five years in the field of nursing and midwifery education, public health nursing education and nursing health research, to be nominated by the Central Government in such manner as may be prescribed —Members; (c) one person, possessing outstanding qualifications and experience of not less than twenty -five years in the field of management or law or economics or science and technology, to be nominated by the Central Government in such manner as may be prescribed —Memb er; and (d) an Additional Secretary or a Joint Secretary to the Government of India in -charge of nursing in the Ministry of Health and Family Welfare, to be the Convenor —Member. (2) The Central Government shall, within one month from the date of occurrenc e of any vacancy, including by reason of death, resignation or removal of the Chairperson or Secretary or a Member, or within three months before the end of tenure of the Chairperson or Secretary or Member, make a reference to the Search -cum-Selection Comm ittee for filling up of the vacancy. (3) The Search -cum-Selection Committee shall recommend a panel of at least three names for each vacancy. (4) The Search -cum-Selection Committee shall, before recommending any person for appointment of the Chairperson or Secretary or Member, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such Chairperson or Secretary or Member. (5) No appointment of the Chairperson or Secretary or M ember of the National Commission or, as the case may be, the President or Member of the Autonomous Boards, shall be invalid merely by reason of any vacancy or absence of |
c) of sub -section ( 1) of section 115WB, which ex ceeds one lakh rupees in respect of each employee;] 3[(ba) the fair market value of the specified security or sweat equity shares referred to in clause (d) of sub -section ( 1) of section 115WB, on the date on which the option vests with the employee as reduced by the amount actually paid by, or recovered from, the employee in respect of such security or shares. Explanation .—For the purposes of this clause, — (i) “fair market value” means the value determined in accordance with the method as may be prescribed by the Board; (ii) “option” means a right but not an obligation granted to an employee to apply for the specified security or sweat equity shares at a predetermined price;] (c) twenty per cent of the expenses referred to in 4[clauses ( A) to ( L)] of sub -section ( 2) of section 115WB; (d) fifty per cent of the expenses referred to in 5[clauses ( M) to ( P)] of sub -section ( 2) of section 115WB; 6[(e) five per cent. of the expenses referred to in clause ( Q) of sub -section ( 2) of section 115WB.] (2) Notwithsta nding anything contained in sub -section ( 1),— (a) in the case of an employer engaged in the business of hotel, the value of fringe benefits for the purposes referred to in clause ( B) of sub -section ( 2) of section 115WB shall be “five per cent.” instead of “twenty per cent.” referred to in clause ( c) of sub -section ( 1); 6[(aa) in the case of an employer engaged in the business of carriage of passengers or goods by aircraft, the value of fringe benefits for the purposes referred to in clause ( B) of sub-section ( 2) of section 115WB shall be “five per cent” instead of “twenty per cent” referred to in clause ( c) of sub-section ( 1); 1. Ins. by Act 21 of 2006, s. 28. (w.e.f. 1 -4-2007). 2. Subs. by s. 29, ibid., for clause ( b) (w.e.f. |
by s. 40, ibid., for “alderman” (w.e.f. 1 -10-1993). 7. Ins. by s. 41 , ibid. (w.e.f. 1 -10-1993). 8. Subs. by s. 42, ibid., for the heading and sections 50 to 53 (w.e.f. 1 -10-1993). (2) The Wards Committee shall be deemed to have been constituted from the date on which 1[2[the Corporation ]] is constituted after each general election. 51. Application of sections 47 and 48 .—The provisions of sections 47 and 48 shall apply in relation to a Wards Committee as they apply in relation to the Standing Committee. 52. Powers and funct ions of the Wards Committee .—(1) Subject to the provisions of this Act, every Wards Committee shall exercise the powers and perform the functions as specified in the Fifteenth Schedule on behalf of the Corporation in relation to that Zone. (2) 3[The Govern ment may ], by notification in the Official Gazette, amend the Fifteenth Schedule. (3) When any question arises as to whether any matter falls within the purview of a Wards Committee or 1[2[the Corporation ]], it shall be referred to the Government, and the decision of that Government thereon shall be final.] The Commissioner 54. Appointment, etc., of the Commissioner .—(1) The Central Government shall, by notification in the Official Gazette, appoint a suitable person as the Commissioner of 1[2[the Corporatio n]]. (2) The Commissioner so appointed shall hold office for a term of five years in the first instance: Provided that his appointed may be renewed from time to time for a term not exceeding one year at a time: Provided further that where the Commissioner holds a lien on any service under the Government, the Central Government may at any time after reasonable notice to 1[2[the Corporation ]] replace his services at the disposal of that Government. (3) The Central Government — (a) shall remove the Commissioner from office if at a special meeting of 1[ 2[the Corporation ]] called for the purpose a resolution for such removal has been passed by a majority of not less than three -fifths of the total number of members; (b) may remove |
or failure and the auditor shall i n every such case certify the amount of such expenditure or loss as due from such person. (3) The cost of the audit of the accounts of a 2[waqf] shall be met from the funds of that 2[waqf] : Provided that the remuneration of the auditors appointed from out of the panel drawn by the State Government in relation to 3[auqaf] having a net annual income of 4[more than fifty thousand rupees ] shall be paid in accordance with the scale of remuneration specified by the State Government under clause ( c) of sub -section (1): Provided further that where the audit of the accounts of any 2[waqf] is made by the State Examiner of Local Funds or any other officer designated by the State Government in this behalf, the cost of such audit shall not exceed one and a half per cent . of the net annual income of such 2[waqf] and such costs shall be met from the funds of the 3[auqaf] concerned. 48. Board to pass orders on auditor’s report .—(1) The Board shall examine the auditor’s report, and may call for the explanation of any person i n regard to any matter mentioned therein, and shall pass such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under sub-section ( 2) of s ection 47. (2) The mutawalli or any other person aggrieved by any orde r made by the Board may, within thirty days of the receipt by him of the order, apply to the Tribunal to modify or set aside the order and the Tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amou nt so certified, either in whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of the case. (3) No application made under sub -section ( 2) shall be entertained by the Tribunal unless the amount certifi ed by the auditor under sub -section |
the procedure of, andthe conduct of business in, the House or Housesof the Legislature of the State in relation to anyfinancial matter or to any Bill for theappropriation of moneys out of the ConsolidatedFund of the State, and, if and so far as anyprovision of any law so made is inconsistent withany rule made by the House or either House ofthe Legislature of the State under clause (1) ofarticle 208 or with any rule or standing orderhaving effect in relation to the Legislature of theState under clause (2) of that article, suchprovision shall prevail. 210. (1) Notwithstanding anything in Part XVII, but subject to the provisions ofarticle 348, business in the Legislature of a Stateshall be transacted in the official language orlanguages of the State or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or Chairman of the LegislativeCouncil, or person acting as such, as the casemay be, may permit any member who cannotadequately express himself in any of thelanguages aforesaid to address the House in hismother-tongue. (2) Unless the Legislature of the State by law otherwise provides, this article shall, afterRegulation by law of procedure in theLegislature of the State inrelation to financial business. Language to be usedin the Legisla- ture. CONSTITUTION AMENDMENT IN INDIA 1013 the expiration of a period of fifteen years from the commencement of this Constitution, haveeffect as if the words “or in English” wereomitted therefrom. 211. No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. 212. (1) The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularityof procedure. (2) No officer or member of the Legislature of a State in whom powers are vested by orunder this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to thejurisdiction of any court in respect of the exercise by him of those |
Chapter: 12
Section: 166
Section Title: When officer in charge of police station may require another to issue search-warrant
Description:
An officer in charge of a police station or a police officer not being below the rank of sub-Inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.
Such officer, on being so required, shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer at whose request the search was made.
Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under Sub-Section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 165, as if such place were within the limits of his own police station.
Any officer conducting a search under Sub-Section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in Sub-Sections (1) and (3) of section 165.
The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under Sub-Section (4). |
(7) Every company in relation to which the order is made shall, until the completion of the scheme, file a statement in such form and within such time as may be prescribed with the Registrar every year duly certified by a chartered accountant or a cost accountant or a company secretary in practice indicating whether the scheme is being complied with in accordance with the order s of the Tribunal or not. [(8) If a company fails to comply with sub -section ( 5), the company and every officer of the company who is in default shall be liable to a penalty of twenty thousand rupees, and where the failure is a continuing one, with a fur ther penalty of one thousand rupees for each day after the first during which such failure continues, subject to a maximum of three lakh rupees. ] Explanation .—For the purposes of this section, — (i) in a scheme involving a merger, where under the scheme the undertaking, property and liabilities of one or more companies, including the company in respect of which the compromise or arrangement is proposed, are to be transferred to another existing company, it is a merger by absorption, or where the undertaking, property and liabilities of two or more companies, including the company in respect of which the compromise or arrangement is proposed, are to be transferred to a new company, whether or not a public company, it is a merger by formation of a new company; (ii) references to merging companies are in relation to a merger by absorption, to the transferor and transferee companies, and, in relation to a merger by formation of a new company, to the transferor companies; (iii) a scheme involves a division, where u nder the scheme the undertaking, property and liabilities of the company in respect of which the compromise or arrangement is proposed are to be divided among and transferred to two or more companies each of which is either an existing company or a new com pany; and (iv) property includes assets, rights and interests of every description and liabilities |
possessing such qualifications as may be prescribed. (3) A Chairperson of the Committee shall be a person who is, or has been, a Judge of a High Cour t, who shall be appointed by the Central Government and in the case of appointment of a sitting Judge, the concurrence of the Chief Justice of the concerned High Court shall be obtained. 38. Offence relating to membership of a terrorist organisation .—(1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation: Provided that this sub -section shall not apply where the person charged is able to prove — (a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and (b) that he has not taken part in the activities of the organisati on at any time during its inclusion in the 1[First Schedule] as a terrorist organisation. (2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section ( 1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both. 39. Offence relating to support given to a terrorist organisation .—(1) A person commits the offence relating to support given to a terrorist organisation, — (a) who, with intention to further the activity of a terrorist organisation, — (i) invites support for the terrorist organization; and (ii) the support is not or is not restricted to provide money or other property within the meaning of section 40;or (b) who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is — (i) to support the terrorist organization; or (ii) to further the activity of the terrorist organization; or (iii) to bead dressed by a person who associates or professes to be associated with the terrorist organisation; or (c) who, with intention to further the activity of a |
Chapter: 16
Section: 204
Section Title: Issue of process
Description:
If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—
a summons-case, he shall issue his summons for the attendance of the accused, or
a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.
No summons or warrant shall be issued against the accused under Sub-Section (1) until a list of the prosecution witnesses has been filed.
In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under Sub-Section (1) shall be accompanied by a copy of such complaint.
When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.
Nothing in this section shall be deemed to affect the provisions of section 87. |
Subsets and Splits