text
stringlengths 7
9.36k
|
|---|
Chapter: 31
Section: 410
Section Title: Withdrawal of cases by Judicial Magistrates
Description:
Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.
Any Judicial Magistrate may recall any case made over by him under Sub-Section (2) of section 192 to any other Magistrate and may require into or try such cases himself. |
oran officer or authority subordinate tothat Government, the High Court forthe Union Territory of Delhi; (ii) in the case of the detention of a person in pursuance of an order of detentionmade by the Government of any State(other than a Union territory), theHigh Court for that State; and (iii) in the case of the d etention of a person in pursuance of an order of detention CONSTITUTION AMENDMENT IN INDIA made by the administrator of a Union territory or an officer or authority subordinate to such administrator,such High Court as may be specifiedby or under any law made byParliament in this behalf; (b) in clause (7)— (i) sub-clause (a) shall be omitted; (ii) sub-clause (b) shall be re-lettered as sub-clause (a); and (iii) sub-clause (c) shall be re-lettered as sub-clause (b) and in the sub-clauseas so re-lettered, for the words,brackets, letter and figure “sub-clause(a) of clause (4)”, the word, bracketsand figure “clause (4)” shall besubstituted. 4. In article 30 of the Constitution, after clause (1), the following clause shall be inserted,namely:— “(1A) In making any law providing for the compulsory acquisition of any property ofan educational institution established andadministered by a minority, referred to inclause (1), the State shall ensure that theamount fixed by or determined under suchlaw for the acquisition of such property issuch as would not restrict or abrogate theright guaranteed under that clause”. 5. The sub-heading “ Right to Property” occurring after article 30 of the Constitutionshall be omitted. Amend- ment of article 30. Omission of sub- headingafter article 30. CONSTITUTION AMENDMENT IN INDIA 545 6. Article 31 of the Constitution shall be omitted. 7. In article 31A of the Constitution, in clause (1), for the words and figures “article 14,article 19 or article 31”, the words and figures“article 14 or article 19” shall be substituted. 8. In article 31C of the Constitution, for the words and figures” “article 14, article 19 orarticle 31”, the words and figures “article14 or article 19” shall be substituted. 9. Article 38 of the Constitution shall be renumbered as clause (1) thereof and afterthe clause so renumbered, the followingclause shall be |
authority of law . 6. Parliament can reduce or abolish a tax but cannot increase it. 7. The Constitution has also defined the relative roles or position of both the Houses of Parliament with regard to the enactment of the budget in the following way: (a) A money bill or finance bill dealing with taxation cannot be introduced in the Rajya Sabha–it must be introduced only in the Lok Sabha. (b) The Rajya Sabha has no power to vote on the demand for grants; it is the exclusive privilege of the Lok Sabha. (c) The Rajya Sabha should return the Money bill (or Finance bill) to the Lok Sabha within fourteen days. The Lok Sabha can either accept or reject the recommendations made by Rajya Sabha in this regard. 8. The estimate s of expenditure embodied in the budget shall show separately the expenditure charged on the Consolidated Fund of India and the expenditure made from the Consolidated Fund of India. 9. The budget shall distinguish expenditure on revenue account from other expenditure. 10. The expenditure charged on the Consolidated Fund of India shall not be submitted to the vote of Parliament. However , it can be discussed by the Parliament. Charged Expenditur e The budget consists of two types of expen-diture–the expenditure ‘char ged’ upon the Consolidated Fund of India and the expenditure ‘mad e’ from the Consolidated Fund of India. The charged expenditure is non-votable by the Parliament, that is, it can only be discussed by the Parliament, while the other type has to be voted by the Parliament. The list of the charged expenditure is as follows: 1. Emol uments and allowances of the President and other expenditure relating to his of fice. 2. Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the Spea ker and the Deputy Speaker of the Lok Sabha. 3. Salaries, allowances and pensions of the judges of the Supreme Court. 4. Pensions of the judges of high courts. 5. Salary, allow ances and pension of the Comptroller and Auditor General of India. 6. Salaries, allowances |
Chapter: 36
Section: 481
Section Title: Public servant concerned in sale not to purchase or bid for property
Description:
A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the properly. |
a service in the satisfaction of a human need or ministering to thebodily want of human beings. It would not make any difference whetherthe visitor to the restaurant is charged for the meal as a whole oraccording to each dish separately. It is, therefore, proposed to suitably amend the Constitution to include in article 366 a definition of “tax on the sale or purchase ofgoods” by inserting a new clause (29A). The definition wouldspecifically include within the scope of that expression tax on: (i) transfer for consideration of controlled commodities; (ii) the transfer of property in goods involved in the execution of a works contract; (iii) delivery of goods on hire-purchase or any system of payment by instalments; (iv) transfer of the right to use any goods for any purpose for cash, deferred payment or other valuable consideration; (v) the supply of goods by an unincorporated association or body of persons to a member thereof for cash, deferred payment orother valuable consideration; and (vi) the supply, by way of or as part of any service, of food or any drink for cash, deferred payment or other valuableconsideration. A new entry is sought to be inserted in the Union List in the Seventh Schedule, as Entry 92B, to enable the levy of tax on theconsignment of goods where such consignment takes place in the courseof inter-State trade or commerce. CONSTITUTION AMENDMENT IN INDIA Clause (1) of article 269 is proposed to be amended so that the tax levied on the consignment of goods in the course of inter-State tradeor commerce shall be assigned to the States. Clause (3) of that articleis proposed to be amended to enable Parliament to formulate by lawprinciples for determining when a consignment of goods takes place inthe course of inter-State trade or commerce. Clause (3) of article 286 is proposed to be amended to enable Parliament to specify, by law, restrictions and conditions in regard tothe system of levy, rates and other incidents of the tax on the transferof goods involved in the execution of a works contract, on the deliveryof goods on hire-purchase or any |
completion thereof , by a written notice of not less than seven days] , specify any matter in respect of which such erection or execution is without or contrary to the sanction refer red to in section 336 or is in contravention of any condition of such sanction or any of the provisions of this Act or any bye -laws made thereunder and require the person who give the notice under section 333 or section 334 or the owner o f such building or work either— (a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or (b) to show cause why such alterations should not be made, within a period stated in the notice. (2) If the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in the notice. (3) If the person or the owner shows cause as aforesaid, the Commissioner shall by an order either cancel the notice issued under sub -section ( 1) or confirm the same subject to such modifications as he thinks fit. 2[345A. Power to seal unauthorised constructions .—(1) It shall be lawful for the Commissioner, at any time, before or after maki ng an order of demolition under section 343 or of the stoppage of the erection of any building or execution of any work under section 343 or under section 344, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work. (2) Where any ere ction or work or any premises in which any erection or work is being carried on, has or have been sealed, the Commissioner may, for the purpose of demolishing such erection or |
any structure or building or the value of such trees, and such compensation shall be paid to the person who has constructed the structure or building or planted the trees . (4) Where any excess land in respect of which compensation is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer of an y excess land is void by virtue of sub -section ( 4) of section 140, the consideration money paid by the transferee in respect of such excess land, shall be a charge on the compensation payable in respect of the ex cess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor. (5) Where a tenant acquires the rights of a landowner in respect of any excess land, the compensation payable by him in respect of that land shal l be equal to the amount which the landowner would have been paid as compensation under sub -section ( 2) or sub -section ( 3) if the land had vested in the Government; and the amount shall, in the first instance, be paid to the landowner by the Government and shall be recovered from the tenant in such manner as may be prescribed. (6) Where a mortgage e in possession acquires the rights of the mortgagor in respect of any excess land under sub -section ( 3) of section 141, the compensation payable by the mortga gee in respect of that land shall be such sum of money, if any, as may be due to the mortgagor after setting off the mortgage debt against the market value of such excess land. (7) Where any excess land of a religious or charitable institution vests in the Government , such institution shall, in lieu of compensation payable under sub-section ( 1) or sub -section ( 2) or sub-section ( 3), be paid an annuity equal to the net annual income of the excess land and such net annual income shall be |
Chapter: 2
Section: 21
Section Title: Special Executive Magistrates
Description:
The state Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit. |
or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which on provision is made elsewhere by this Act; J. Bye-laws relating to markets, slaughter houses, trades and occupations (1) the days on, and the hours during which any market or sla ughter house may be kept open for use; (2) the regulation of the design, ventilation and drainage of markets and slaughter houses and the materials to be used in the construction thereof ; (3) the keeping of markets and slaughter houses and the lands and bu ildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons u sing or frequenting the same; (4) the manner in which animals shall be admitted in a slaughter house; (5) the manner in which animals may be slaughtered; (6) the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages; (7) the setting apart of separate areas for different classes of articles in market buildings and market places; (8) the disposal or destruction of animals offer ed for slaughter which are, from disease or any other cause, unfit for human consumption; (9) the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption; (10) the regulation of the ent ry of animals into slaughter house and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter houses; 1. Subs. by Delhi Act 12 of 2011, s. 2, for “Delhi” (w.e.f. 13 -1-2012). 2. Subs. by Act 10 of 2022, s. 2, for “the area of the Corporation” (w.e.f. 22 -5-2022). (11) the proper custody and care |
Section 131: Publication of rules
Description:
Rules made in accordance with section 129 or section 130 shall be published in the 1[Official Gazette] and shall from the date of publication or from such other date as may be specified have the force of law. |
Chapter: 7
Section: 91
Section Title: Summons to produce document or other thing
Description:
Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
Nothing in this section shall be deemed—
to affect, sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers, Books Evidence Act, 1891 (13 of 1891), or
to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority. |
the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice -Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the a ction to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice -Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the a ction to be taken thereon. (8) The Visitor may, if the inspection or inquiry is made in respect of any College or Institution admitted to the privileges of the University, address the management concerned through the Vice - Chancellor with reference to the r esult of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. (9) The Executive Council or the management, as the case may be, shall communicate, through the Vice -Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. (10) Where, the Executive Council or the management, does not, within a reasonable time, take action to the satisfaction of the Visitor, t he Visitor may, after considering any explanation furnished or representation made by the Executive Council or the management, issue such directions as he may think fit and the Executive Council or the management, as the case may be, shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or the Ordinances: Provided that before maki ng any such order, he shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. (12) The Visitor shall have |
a population of more than o ne lakh but not exceeding ten lakh; or (III) not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item ( a) and which has a population of more than ten lakh. Explanation .—For the purposes of this sub-clause, “population ” means the population according to the last preceding census of which the relevant figures have been published before the first day of the previous year;]] 2[(iv) 6½ per cent.. Gold Bonds, 1977, 3[or 7 per cent. . Gold Bonds, 1980], 4[or National Defence Gold Bonds, 1980], issued by the Central Government;] 5[(v) Special Bearer Bonds, 1991, issued by the Central Government;] 6[(vi) Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999 7[or deposit certificates issued under the Gold Monetisation Scheme, 2015 ] notified by the Central Government.] 8[Explanation .—For the removal of doubts, it is hereby clarified that “property ” includes and shall be deemed to have always included any rights in or in relation to an Indian company , including rights of management or control or any other rights whatsoever;] 9[(15) “charitable purpose ”includes relief of the poor, education, 10[yoga, ] medical relief, 11[preservation of environment (including watersheds, forests and wildlife) and preserva tion of monuments or places or objects of artistic or historic interest,] and the advancement of any other object of general public utility: 12[Provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, irrespective of the nature of use or application, or retention, of the income from such activity, unless — (i) such activity is undertaken in the course of actual carrying out of such advancement of any other object of general public utility; and (ii) the aggregate receipts from such a ctivity or activities during the previous year, do |
Agra stone as defined in item 4 below, marble and lime stone), bajr i, kankar, lime of kankar, coal ashes, reh, surkhi, rori, brick -bats or broken bricks 0.01 4. Agra stone, i .e., stone so named in the market irrespective of its place of origin 0.04 5. Chalk, chalk powder, kharia mitti, lime stone, lime, Harsaru, floor ing stone and white and coloured stone chips 0.04 6. Dammar, bitumen and asphalt 0.04 7. Cement 0.15 8. Marble and tiles of all kinds (other than those referred in item 9 ) 0.22 9. Tile of common earth, e .g., Allahabad tiles (per thousand) 0.58 Articles Terminal Tax payable per maund of gross weight except where otherwise stated Rs. 10. Marble chips 0.04 11. Asbestos sheets 0.11 12. Whole bricks of all sizes (per thousand) 0.58 13. Paints and colour washes 0.15 14. Peori, ramraj, hiramzi , geru and sailkhari 0.04 15. Roofing felt, roofing board and canec insulating board 0.29 Class V .—Drugs, spices and perfumes 1. All foreign medicines including mineral waters, syrups and medicinal tinctures, soda bicarb and caustic soda (imported in packages or boxes), sulphur in bottles and packets, iron sulphate, barium sulphate, haemorrhagic septicaemia serum, dextrosol, castor oil in bottles, potash permanganate, glucose, oxygen gas, camphor oil, sugar of milk, medicated coloured and fragrant syru p. 0.44 2. All Indian medicines including gulqand, sharbat in bottle, araq majun, cowries, etc ., soda bicarb and caustic soda (imported in bags or drums), Amritanjan, ivory dust, Sudha Sindhu and Bal Sudha, Khansol and Zandu Drakshasava 0.07 3. Hair o il and perfumed oil of all kinds 0.58 4. Spices and wet imli excluding saltpetre 0.07 5. Opium 0.15 6. Charas 0.15 Class VI .—Tobacco 1. All sorts of foreign tobacco, cigars, cheroots and cigarettes of all kinds . 0.87 2. Indian tobacco 3rd qualit y (Kanni) 0.04 3. Indian tobacco 1st and 2nd qualities, i .e., all tobacco not included in Class VI items 1 and 2 . 0.15 4. Biries and biri leaves . 0.15 Class VII .—Piecegoods and textile fabrics 1. Piecegoods made of cotton, wool |
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 appear to it to be necessary or expedient for removing the difficulty: Provided that no such order s hall be made under this section after the expiry of three years fro m the commencement of this Act. (2) Every order made under sub -section ( 1) shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifi cation in the order or both Houses agree that the order should not be made, the order shall 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 prej udice to the validity of anything previously done under that order. 49. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament .—(1) Every Statute, Ordinance or Regulation made under this Act shall be p ublished in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regul ation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such |
institution or any hospital or other medical institution, where in his view such contravention has taken place; and 1. Subs. by Act 7 of 2017, s. 58, for sub -section ( ID) (w.e.f. 1 -4-2018). 2. Subs. by Act 28 of 2016, s. 68, for sub -section ( 2) (w.e.f. 1 -6-2016). 3. Subs. by Act 20 of 2002, s. 60, for sub -section ( 3) (w.e.f. 1 -6-2002). 4. Subs. by Act 7 of 2017, s. 58, for certain words (w.e.f. 1 -6-2016). 5. Ins. by Act 20 of 2002, s. 60 (w.e.f. 1 -4-2003). 6. Subs. by Act 14 of 2010, s. 34, for “scientific research association” (w.e.f. 1 -4-2011). (ii) the approval granted to such 1[research association] or other association 2[or fund or trust] or institution or university or other educational institution or hospital or other medical institu tion has been withdrawn or notification issued in respect of such news agency or fund or trust or institution has been rescinded:] 3[Provided further that where the Assessing Officer is satisfied that the activities of the university, college or other institution referred to in clause ( ii) and clause ( iii) of sub -section ( 1) of section 35 are not being carried out in accordance with all or any of the conditions subject to which such university, college or other institution was approved, he may, after gi ving a reasonable opportunity of showing cause against the proposed withdrawal to the concerned university, college or other institution, recommend to the Central Government to withdraw the approval and that Government may by order, withdraw the approval a nd forward a copy of the order to the concerned university, college or other institution and the Assessing Officer:] 4[Provided also that notwithstanding anything contained in the first and the second provisos, no effect shall be given by the Assessing Off icer to the provisions of clause ( 23C) of section 10 in the case of a trust or institution for a previous year, if the provisions of the first proviso to clause ( 15) of section 2 become applicable in the case |
on the development of a mine or other natural deposit of any such mineral or group of associated minerals : Provided that there shall b e excluded from such expenditure any portion thereof which is met directly or indirectly by any other person or authority and any sale, salvage, compensation or insurance moneys realised by the assessee in respect of any property or rights brought into exi stence as a result of the expenditure. (3) Any expenditure — (i) on the acquisition of the site of the source of any mineral or group of associated minerals referred to in sub -section ( 2) or of any rights in or over such site; (ii) on the acquisition of the deposits of such mineral or group of associated minerals or of any rights in or over such deposits; or (iii) of a capital nature in respect of any building, machinery, plant or furniture for which allowance by way of depreciation is admissible under secti on 32, shall not be deemed to be expenditure incurred by the assessee for any of the purposes specified in sub-section ( 2). (4) The deduction to be allowed under sub -section ( 1) for any relevant previous year shall be — (a) an amount equal to one -tenth of the expenditure specified in sub -section ( 2) (such one -tenth being hereafter in this sub -section referred to as the instalment); or (b) such amount as is sufficient to reduce to nil the income (as computed before making the deduction under this secti on) of that previous year arising from the commercial exploitation [whether or not such commercial exploitation is as a result of the operations or development referred to in sub - section ( 2)] of any mine or other natural deposit of the mineral or any one o r more of the minerals in a group of associated minerals as aforesaid in respect of which the expenditure was incurred, whichever amount is less: Provided that the amount of the instalment relating to any relevant previous year, to the extent to which it r emains unallowed, |
which would have been collected thereunder as such aforesaid tax if this section had been in force at all material times. (2) Notwithstanding anything contained in sub- section (1), any supply of the nature referred CONSTITUTION AMENDMENT IN INDIA 727 to therein shall be exempt from the aforesaid tax— (a) where such supply has been made, by any restaurant or eating house (bywhatever name called), at any time on orafter the 7th day of September, 1978 andbefore the commencement of this Act andthe aforesaid tax has not been collectedon such supply on the ground that nosuch tax could have been levied orcollected at that time; or (b) where such supply, not being any such supply by any restaurant or eating house(by whatever name called), has beenmade at any time on or after the 4th dayof January, 1972 and before thecommencement of this Act and theaforesaid tax has not been collected onsuch supply on the ground that no suchtax could have been levied or collectedat that time: Provided that the burden of proving that the aforesaid tax was not collected on any supplyof the nature referred to in clause (a) or, asthe case may be, clause (b), shall be on theperson claiming the exemption under this sub-section. (3) For the removal of doubts, it is hereby declared that,— (a) nothing in sub-section (1) shall be construed as preventing any person— (i) from questioning in accordance with the provisions of any law referred toin that sub-section, the assessment, CONSTITUTION AMENDMENT IN INDIA reassessment, levy or collection of the aforesaid tax, or (ii) from claiming refund of the aforesaid tax paid by him in excess of the amount due from him under any suchlaw; and (b) no act or omission on the part of any person, before, the commencement of thisAct, shall be punishable as an offence which would not have been so punishable if this Act had not come into force. Bill No. 77 of 1979 THE CONSTITUTION (FIFTIETH AMENDMENT) BILL, 1979 (AS INTRODUCED IN LOK SABHA) A Bill further to amend the Constitution of India BE it enacted by Parliament in |
Section 26: Institution of suits
Description:
1[(1)] Every suit shall be instituted by the presentation of a plaint or in such
other manner as may be prescribed.
2[(2) In every plaint, facts shall be proved by affidavit.]
*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of
Rule 15A.] |
of this Act, the State Government may, by order published i n the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as ap pear to it to be necessary or expedient for removin g the difficulty: Provided that no such order shall be made after the expiry of a period of twoyears from the date of th e commencement of this Act. 30. Power of Central Government to give directions .—The Central Government may give directions to State Governments as to the carrying into execution of the provisions of this Act. 31. Power of Central Government to review .—The Central Government may make periodic review and monitor the progress of the implementation of t he provisions of this Act by the State Governments. 32. Power of State Government to make rules .—(1) The State Government may, by notification in the Official Gazette, makerules for carrying out th e purposes of this Act. (2) Without prejudice to the generalityof the foregoi ng power, such rules mayprovide for — (a) the manner of holding inquiry under section 5 subje ct to such rules as may be prescribed under sub-section ( 1) of section 8; (b) the power and procedure of the Tribunal for other purposes under sub-section ( 2) of section 8; (c) the maximum maintenance allowance which may be or dered by the Tribunal under sub- section ( 2) of section 9; (d) the scheme for management of old age homes, inclu ding the standards and various types of services to be provided by them which are necessary for medical care and means of entertainment to the inhabitants of such homes under sub-section ( 2) of section 19; (e) the powers and duties of the authorities for impl ementing the provisions of this Act, under sub-section ( 1) of section 22; (f) a comprehensive action plan for providing protect ion of life and property of senior citizens under sub-section ( 2) of section 22; (g) any other matter which is to be, or may be, presc ribed. (3) Every rule made under this Act shall be |
Section 170: Description of IPC Section 170
According to section 170 of Indian penal code, Whoever pretends to hold any particular office as public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 170 in Simple Words
If someone falsely claims to be a public servant or impersonates another public servant to perform official acts, they can be punished with up to two years in jail, a fine, or both. Personating a Public servant 2 Years or Fine or Both Cognizable Non-Bailable Any Magistrate |
solution so prepared. Tariff Item Description of goods Unit Rate of duty Standard Prefer - ential Areas (1) (2) (3) (4) (5) 2701 - COAL; BRIQUETTES , OVOIDS AND SIMILAR SOLID FUELS MANUFACTURED FROM COAL 2701 11 00 - -- Coal, whether or not pulverised, but not agglomerated : Anthracite kg. 5% - 2701 12 2701 12 10 2701 12 90 -- --- --- Bituminous coal : Coking coal Other kg. kg. 5% 5% - - 2701 19 -- Other coal: 2701 19 10 --- Coking coal kg. 5% - 2701 19 20 --- Steam coal kg. 5% - 2701 19 90 --- Other kg. 5% - 2701 20 - Briquettes, ovoids and similar solid fuels 2701 20 10 --- manufactured from coal : Anth racite agglomerated kg. 5% - 2701 20 90 --- Other kg. 5% - 2702 LIGNITE , WHETHER OR NOT AGGLOMERATED , EXCLUDING JET 2702 10 00 - Lignite, whether or not pulverised, but not kg. 5% - 2702 20 00 - agglomerated Agglomerated lignite kg. 5% - 2703 - PEAT (INCLUDING PEAT LITTER ), WHETHER OR NOT AGGLOMERATED 2703 00 - Peat (including peat litter), whether or not agglomerated : 2703 00 10 --- Peat whether or not compressed into bales, kg. 5% - 2703 00 90 --- but not agglomerated Other kg. 5% - 2704 - COKE AND SEMI -COKE OF COAL , OF LIGNITE OR OF PEAT, WHETHER OR NOT AGGLOMERATED ; RETORT CARBON 2704 00 - Coke and semi -coke of coal, of lignite or of peat, whether or not agglomerated; retort carbon : 2704 00 10 --- Retort carbon (gas carbon) kg. 5% - SECTION -V CHAPTER -27 (1) (2) (3) (4) (5) 2704 00 20 --- Coke and semi -coke of lignite or of peat kg. 5% - 2704 00 30 --- Hard coke of coal kg. 5% - 2704 00 40 --- Soft coke of coal kg. 5% - 2704 00 90 --- Other kg. 5% - 2705 00 00 COAL GAS, WATER GAS , PRODUCER GAS AND SIMILAR GASES , OTHER THAN PETROLEUM kg. 5% - GASES AND |
Chapter: 2
Section: 15
Section Title: Facts bearing on question whether act was accidental or intentional
Description:
When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. |
If the concurrence of the Government of the State referred to in paragraph ( ii) of sub-clause ( b) of clause (1) or in the second proviso to sub-clause ( d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the 1[clause (2) of Legislative Assembly of the State] shall be necessary before the President issues such a notification. ______________________________________________ SeeAppendix II. 1. Subs. by C.O. 272, dated the 5-8-2019, s.2. for “Constituent Assembly of the State referred to in clause (2)” (w.e.f. 5-8-2019). THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions)233 1[371. Special provision with respect to the States of 2*** Maharashtra and Gujarat .—3[(1)* * * * *] (2) Notwithstanding anything in this Constitution, the President may by order made with respect to 4[the State of Maharashtra or Gujarat], provide for any special responsibility of the Governor for— (a) the establishment of separate development boards for Vidarbha, Marathwada, 5[and the rest of Maharashtra or, as the case may be], Saurashtra, Kutch and the rest of Gujarat with the provision that a report on the working of each of these boards will be placed each year before the State Legislative Assembly; (b) the equitable allocation of funds for developmental expenditure over the said areas, subject to the requirements of the State as a whole; and (c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the State Government, in respect of all the said areas, subject to the requirements of the State as a whole.] 6[371A. Special provision with respect to the State of Nagaland.— (1) Notwithstanding |
Chapter: 2
Section: 37
Section Title: Relevancy of statement as to fact to public nature, contained in certain Acts or notifications
Description:
When the Court has to form an opinion as to the existence of any fact of a Public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom, or in any Central Act, Provincial Act, or a State Act, or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty is a relevant fact. |
an Assembly— (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause ( c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. 180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. —(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose. (2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker. THE CONSTITUTION OF INDIA (Part VI.—The States) 82 181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. —(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply |
any income received on behalf of such fund or trust or institution or university or other educational institution or hospital or other medical institution, as the case may be, from the total income of the person in receipt ther eof for that previous year. Explanation .—In this clause, where any income is required to be applied or accumulated, then, for such purpose the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of a ny asset, acquisition of which has been claimed as an application of income under this clause in the same or any other previous year;] 3[(23D) 4[5[ 6*** 7[subject to the provisions of Chapter XII -E, any income of] —] (i) a Mutual Fund registered under the Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulations made thereunder; (ii) such other Mutual Fund set up by a public sector bank or a public financial institution or authorised by the Reserve Bank of India and subje ct to such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf.] Explanation .—For the purposes of this clause, — (a) the expression “public sector bank” means the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), a corresponding new Bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Un der-takings) Act, 1970 (5 of 1970), or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) 8[and a bank included in the category “other public sector banks” by the Reserve Bank of India;] (b) the expre ssion “public financial institution” shall have the meaning assigned to it in section 4A of the Companies Act, 1956 (1 of 1956);] 9[(c) the expression “Securities and Exchange Board of India” shall have the meaning assigned to it in clause ( a) of sub-section ( 1) of section 2 of |
Fund Act, 1976 (Central Act 31 of 1976). 132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976). ______________________________________________ 1. Entries 125 to 188 ins. by the Constitution (Fortieth Amendment) Act, 1976, s. 3 (w.e.f. 27-5-1976). See now the relevant provisions of the Motor Vehicles Act, 1988 (59 of 1988). 2. Entry 130 omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 44 (w.e.f. 20-6-1979). THE CONSTITUTION OF INDIA (Ninth Schedule)335 133. The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976 (Central Act 59 of 1976). 134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam Act I of 1957). 135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (Bombay Act XCIX of 1958). 136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act 14 of 1973). 137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976 (Haryana Act 17 of 1976). 138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Himachal Pradesh Act 8 of 1974). 139. The Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974). 140. The Karnataka Land Reforms (Second Amendment and Miscellaneous Provisions) Act, 1974 (Karnataka Act 31 of 1974). 141. The Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka Act 27 of 1976). 142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of 1966). 143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19 of 1969). 144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of 1969). 145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (Kerala Act 20 of 1971). 146. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Kerala Act 26 of 1971). 147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of 1974). 148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act 29 of 1974). 149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975). 150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975). THE CONSTITUTION OF INDIA (Ninth Schedule)336 151. The Kerala |
order which may be passed under section 110 or section 111 continue to be suspended. 113. Scope of power of suspension. —The powers conferred by sections 1 07 and 110 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation. 114. Effect of suspens ion and remission on dismissal. —(1) Where in addition to any other sentence, the punishment of dismissal has been awarde d under this Act and such other sentence is suspended under section 107, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 107. (2) If such other sentence is remitted under section 110, the punishm ent of dismissal shall also be remitted. CHAPTER X CHIEF LAW OFFICER AND LAW OFFICERS 115. Appointment of Chie f Law Officer and Law Officers. —(1) There shall be appointed by the Central Government, a Chief Law Officer and as many Law Officers as the Central Government may deem necessary. (2) A person shall not be qualified for appointment as Chief Law Officer unless he — (a) is a citizen of India ; and (b) has for at least ten years held a judicial o ffice in the territory of India ; or (c) has for at lea st ten years been an advocate of a High Court or two or more such Courts in succession: Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause ( b) or clause ( c) in respect of any person. (3) A person shall not be qualifi ed for appointment as Law Offi cer unless he — (a) is a citizen of India, and (b) is qualified for enrolment as an advocate of a High Court. Explanation .—For the purposes of this section, — (a) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the |
dered by Ministers to the Lieutenant Governor shall not be inquired into in any court. 54. Other provisions as to Ministers. —(1) The Chief Minister shall be appointed by the Lieutenant Governor and the other Ministers shall be appointed by the Lieutenant G overnor on the advice of the Chief Minister. (2) The Ministers shall hold office during the pleasure of the Lieutenant Governor. (3) The Council of Ministers shall be collectively responsible to the Legislative Assembly. (4) Before a Minister enters upon h is office, the Lieutenant Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Fourth Schedule to this Act . (5) A Minister who for any period of six consecutive months is not a member of the Legislative Assembly shall at the expiration of that period cease to be a Minister. (6) The salaries and allowances of Ministers shall be such as the Legislative Assembly may from time to time by law determine, and until the Legislative Assembly so de termines, shall be determined by the Lieutenant Governor. 55. Conduct of business. —(1) The Lieutenant Governor shall make rules on the advice of the Council of Ministers — (a) for the allocation of business to the Ministers; and (b) for the more convenient transaction of business with the Ministers including the procedure to be adopted in case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister. (2) Save as otherwise provided in thi s Act, all executive action of the Lieutenant Governor, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the Lieutenant Governor. (3) Orders and other instruments made and executed in the name of the Lieutenant Governor, shall be authenticated in such manner as may be specified in rules to be made by the Lieutenant Governor on the advice of Council of Ministers, and the validity of an order or instrument which is so authenticated shall not be called in question on |
such a case any reference in this Act to the word “State ” in relation of a Board shall be construed as a reference to that part of the State for which the Board is established. (2) Where any such Board has been established and it appears to the Government of the State, that a Board should be established for the whole of the State, the State Government may, by order notified in the Official Gazette dissolve the Board established for the part of the State or reconstitute and reorganise, such Board or establish a new Board for the whole of the State and thereupon, the assets, rights and liabilities of the Board for the part of the State shall vest in and be the assets, rights and liabilities of the reconstituted Board or the new Board, as the case may be. 104. Application of Act to properties given or donated by pe rsons not professing Islam for support of certain 1[waqf] .—Notwithstanding anything contained in this Act where any movable or immovable property has been given or donated by any person not professing Islam f or the support of a 1[waqf] being — (a) a mosque, idgah, imambara, dargah, khangah or a maqbara; (b) a Muslim graveyard; (c) a choultry or a musafirkhana, then such property shall be deemed to be comprised in that 1[waqf] and be dealt in the same manner as the 1[waqf] in which it is so comprised. 2[104A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property. —(1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortg age or transfer any movable or immovable property which is a waqf property to any other person. (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub -section ( 1) shall be void ab initio .] 3[104B. Restoration of waqf properties i n occupation of Government agencies to waqf Board. — (1) If any waqf property has been occupied by the Government agencies it |
the time allowed and in the manner required under those sub -sections; or] (f) to deliver or cause to be delivered in due time a copy of the declaration mentioned in section 197A; or (g) to furnish a certificate as required by section 203 5[or section 206C]; or (h) to deduct and pay tax as required by sub -section ( 2) of section 226; 7[(i) to furnish a statement as required by sub -section ( 2C) of section 192;] 8[(j) to deliver or cause to be delivered in due time a copy of the declaration referred to in sub - section ( 1A) of section 206C;] 9[(k) to deliver or cause to be delivered a copy of the statement within the time specified in sub - section ( 3) of section 200 or the proviso to sub -section ( 3) of section 206C;] 10[(l) to deliver or cause to be delivered the 11[statements] within the time specified in sub -section (1) of section 206A;] 12[(m) to deliver or cause to be delivered a statement within the time as may be prescribed under sub-section ( 2A) of section 200 or sub -section ( 3A) of section 206C,] 1. Subs. by Act 28 of 2016, s. 105, for “place or time, ” (w.e.f. 1 -4-2017). 2. Ins. by s. 105, ibid. (w.e.f. 1 -4-2017). 3. Subs. by Act 14 of 2001, s. 92, for “a sum which shall not be less than five hundred rupees but which niay extend to ten thousand rupees” (w.e.f. 1 -6-2001). 4. The words, figures and letters “or section 206A or section 206B” omitted by Act 33 of 1996, s. 55 (w.e.f. 1 -10-1996). 5. Ins. by Act 49 of 1991, s. 68 (w.e.f. 1 -10-1991). 6. Subs. by Act 20 of 2002, s. 103, for clause ( e) (w.e.f. 1 -4-2003). 7. Ins. by Act 14 of 2001, s. 92 (w.e.f. 1 -4-2002). 8. Ins. by Act 54 of 2003, s. 17, for clause ( j) (w.e.f. 8 -9-2003). 9. Ins. by Act 23 of 2004, s. 56 (w.e.f. 1 -4-2005). 10. Ins. by Act 18 |
and (b) the amount by which the compensation or consideration is enhanced or further enhanced by the court, Tribunal or other authority shall be deemed to be income chargeable under the head “Capital gains” of the previous year in which such amount is received by the assessee: 3[Provided that any amount of compensation received in pursuance of an interim order of a court, Tribunal or other authority shall be deemed to be income chargeable under the head “Capital gains” of the previous year in which the final order of such court, Tribunal or other authority is made;] 1. Ins. by Act 11 of 1987, s. 13 (w.e.f. 1 -4-1988). 2. Subs. by Act 49 of 1991, s. 17, for “income under the head “Capital gains” of the previous year in which the transfer took place” (w.e.f. 1 -4-1988). 3. Ins. by Act 25 of 2014, s. 17 (w.e.f. 1 -4-2015). [(c) where in the assessment for any year, the capital gain arising from the transfer of a capital asset is computed by taking the compensation or consideration referred to in clause ( a) or, as the case may be, enhan ced compensation or consideration referred to in clause ( b), and subsequently such compensation or consideration is reduced by any court, Tribunal or other authority, such assessed capital gain of that year shall be recomputed by taking the compensation or consideration as so reduced by such court, Tribunal or other authority to be the full value of the consideration. ] Explanation .—For the purposes of this sub -section, — (i) in relation to the amount referred to in clause ( b), the cost of acquisition and the cost of improvement shall be taken to be nil; (ii) the provisions of this sub -section shall apply also in a case where the transfer took place prior to the 1st day of April, 1988; (iii) where by reason of the death of the person who made the transfer, or for any other reason, the enhanced compensation or consideration is received by any other person, the amount referred to in clause ( b) |
by the A.O. 1950, for “Provincial Government ”. “(2) A copy of the order passed under sub -section (1) shall be furnished to the claimant by the Forest Settlement Officer, and another copy of that order shall be forwarded to the Forest Officer who attended the inquiry, or if no such Officer attended, to the Divisional Forest Officer. ”. [Vide Maharashtra Act VI of 196 1, s. 6] 13. Record to be made by Forest Settlement -officer. —The Forest Settlement -officer, when passing any order under s ection 12, shall record, so far as may be practicable, — (a) the name, father ’s name, caste, residence and occupation of the person claiming the right; and (b) the designation, position and area of all fields or groups of fields (if any), and the designat ion and position of all buildings (if any) in respect of which the exercise of such rights is claimed. 14. Record where he admits claim. —If the Forest Settlement -officer admits in whole or in part any claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest -produce which he is from time to time authori sed to take or receive, and such other particulars at; the case may require. He shall also record whether the timber or other forest -produce obtained by the exercise of the rights claimed may be sold or bartered. 15. Exercise of rights admitted. —(1) After making such record the Forest Settlement -officer shall, to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ens ure the continued exercise of the rights so admitted. (2) For this purpose the Forest Settlement -officer may — (a) set out some other forest -tract of sufficient extent, and in a locality |
the trial of such offence and the said provisions shall apply to, and in relation to, a Special Court as they apply to and in relation to a Magistrate: Provided further that in the case of any conviction in a s ummary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding one year and with fine which may extend to five lakh rupees. (3) Subject to the other provisions of this Act, a Special Cour t shall, for the purpose of trial of any offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session so far as may be in accordance with the procedure prescribed in the Code for the trial before a Court of Session. (4) Subject to the other provisions of this Act, every case transferred to a Special Court under sub-section ( 2) of section 13 shall be dealt with as if such case had been transferred under section 406 of the Code to such Special Court. (5) Notwithstanding anything contained in the Code, but subject to the provisions of section 299 of the Code, a Special Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in the absence of the accused or his pl eader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross -examination. 17. Protection of witnesses. —(1) Notwithstanding anything contained in the Code, the proceedings under this Act may, for reasons to be recorded in writing, be held in camera if the Special Court so desires. (2) On an application made by a witness in any proceeding before it or by the Public Prosecutor in relation to such witness or on its own motion, if the Special Court is satisfie d that the life of such witness is in danger, it may, for reasons to be recorded in writing, take such measures as it deems fit |
Chapter: 12
Section: 165
Section Title: Search by police officer
Description:
Whenever an officer in charge of police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
A police officer proceeding under Sub-Section (1), shall, if practicable, conduct the search in person.
If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.
The provisions of this Code as to search-warrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under this section.
Copies of any record made under Sub-Section (1) or Sub-Section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance to the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate. |
Chapter: 18
Section: 237
Section Title: Procedure in cases instituted under section 199(2)
Description:
A Court of Session taking cognizance of an offence under Sub-Section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate;
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do.
If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union Territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.
The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.
Compensation awarded under Sub-Section (4) shall be recovered as if it were a fine imposed by a Magistrate.
No person who has been directed to pay compensation under Sub-Section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section;
Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.
The person who has been ordered under Sub-Section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court.
When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed or, if an appeal is presented, before the appeal has been decided. |
THE INDIAN INSTITUTES OF MANAGEMENT ACT, 2017 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement . 2. Declaration of certain institutions as institutions of national importance. 3. Definitions . CHAPTER II THE INSTITUTES 4. Incorporation of Institutes . 5. Effect of incorporation of Institutes. 6. Objects of Institutes. 7. Powers and functions of Institute. 8. Institutes to be open to all irrespective of sex, race, creed, caste or class. 9. Institute to be not -for-profit legal en tity. CHAPTER III THE AUTHORITIES OF INSTITUTES 10. Board of Governors . 10A. Visitor. 11. Powers and functions of Board. 12. Term of office of, vacancies among, and allowances payable to members of Board. 13. Resignation of Chairperson. 14. Academic Council. 15. Power and functions of Academic Council. 16. Director. 17. [Omitted .]. 18. Custodian of records, etc. 19. Role of members of Society. 20. Committees and other authorities. CHAPTER IV ACCOUNTS AND AUDIT 21. Grants by Central Government. 22. Fund of Institute. 23. Accounts and audit. 24. Books of account to be maintained by Institute. 25. Appointment of auditors. 26. Annual report of Director. 27. Board to consider statement of accounts . 28. Annual report of Institute . CHAPTER V COORDINATION FORUM 29. Establishment of Coordination Forum . 30. Functions of Coordination Foru m. CHAPTER VI MISCELLANEOUS SECTIONS 31. Acts and proceedings not to be invalidated by vacancies, etc . 32. Return and information to be provided to Central Government. 33. Institute to be public authority under Right to Information Act. 34. Power of Central Government to make rules . 35. Power to make regulations 36. Ordinances how made. 37. Rules and regulations to be laid before Parliament. 38. Power to remove difficulties. 39. Transitional provisions . THE SCHEDULE. THE INDIAN INSTITUTES OF MANAGEMENT ACT, 2017 ACT NO. 33 OF 2017 [31st December , 2017.] An Act to declare certain Institutes of management to be institutions of national importance with a view to empower these institutions to attain standards of global excellence in management, management research and allied areas of knowledg e and to provide for |
by making any document containing a false statement, or by omitti ng to make a true entry or document containing a true statement, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act men tioned. 39. Signing in blank and failure to report. –Any person subject to this Act who commits any of the following offences, namely:– (a) when signing any document relating to pay, arms, ammunitions, equipment, clothing, supplies or stores, or any property of the Government fraudu lently leaves in blank any material part for which his signature is a voucher; or (b) refuses or by culpable neglect omits to make or s end a report or return which it is his duty to make or send, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this A ct mentioned. 40. Offences relating to Force Court. –Any person subject to this Act who commits any of the following offences, namely:– (a) being duly summoned or ordered to attend as a wit ness before a Force Court, wilfully or without reasonable excuse, makes default in attendi ng; or (b) refuses to take an oath or make an affirmation le gally required by a Force Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Force Court to be produced or delivered by him; or (d) refuses, when a witness, to answer any question w hich he is by law bound to answer; and (e) is guilty of contempt of the Force Court by using insulting or threatening language, or by causing any interruption or disturbance in the proc eedings of such court, shall, on conviction by a Force Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this A ct mentioned. 41. False |
imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. Cultural and Educational Rights 29. Protection of interests of minorities .—(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. 30. Right of minorities to establish and administer educational institutions. —(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. THE CONSTITUTION OF INDIA (Part III.—Fundamental Rights)16 1[(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.] (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. 2* * * * 31. [Compulsory acquisition of property. ].—Omitted by the Constitution (Forty-fourth Amendment )Act, 1978, s. 6 ( w.e.f.20-6-1979). 3[Saving of Certain Laws] 4[31A. Saving of laws providing for acquisition of estates, etc .— 5[(1) Notwithstanding anything contained in article 13, no law providing for— (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights; or (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to |
following article shall be inserted, namely:— “312A. (1) Parliament may by law— (a) vary or revoke, whether prospectively or retrospectively, the conditions of serviceas respects remuneration, leave andpension and the rights as respectsdisciplinary matters of persons who,having been appointed by the Secretaryof State or Secretary of State in Councilto a civil service of the Crown in Indiabefore the commencement of thisConstitution, continue on and after thecommencement of the Constitution(Twenty-eighth Amendment) Act, 1972,to serve under the Government of Indiaor of a State in any service or post; (b) vary or revoke, whether prospectively or retrospectively, the conditions of serviceShrot title and com- mence-ment. Insertion of new article 312A. Power of Parliamentto vary or revoke conditionsof service of officers of certainservices. CONSTITUTION AMENDMENT IN INDIA as respects pension of persons who, having been appointed by the Secretaryof State or Secretary of State in councilto a civil service of the Crown in Indiabefore the commencement of thisConstitution, retired or otherwise ceasedto be in service at any time before thecommencement of the Constitution(Twenty-eighth Amendment) Act, 1972: Provided that in the case of any such person who is holding or has held theoffice of the Chief Justice or other Judgeof the Supreme Court or a High Court,the Comptroller and Auditor-General ofIndia, the Chairman or other member ofthe Union or a State Public ServiceCommission or the Chief ElectionCommissioner, nothing in sub-clause (a)or sub-clause (b) shall be construed asempowering Parliament to vary or revoke,after his appointment to such post, theconditions of his service to hisdisadvantage except in so far as suchconditions of service are applicable to himby reason of his being a person appointedby the Secretary of State or Secretary ofState in Council to a civil service of theCrown in India. (2) Except to the extent provided for by Parliament by law under this article, nothingin this article shall affect the power of anyLegislature or other authority under any otherprovision of this Constitution to regulate theconditions of service of persons referred toin clause (1). CONSTITUTION AMENDMENT IN INDIA 457 (3) Neither the Supreme Court nor any other court shall have jurisdiction in— (a) any dispute arising out |
of the property of the greater value, as set forth in the instrument. (iii) Gift of immovab le property. The value of the property, as set forth in the instrument. (iv) Mortgage with possession of immovable property. The amount secured by the mortgage as set forth in the instrument. (v) Lease in perpetuity of immovable property. The amount equa l to one -sixth of the whole amount or value of the rent which would be paid or delivered in respect of the first fifty years of the lease as set forth in the instrument. 3[(vi) Contract for transfer of immovable property Ninety percent of the value of the consideration for the transfer as set out in the contract.] 148. Provisions applicable on the introduction of transfer duty .—On the introduction of the duty on transfers of property — (a) section 27 of the Indian Stamp Act, 1899 (2 of 1899), as in force in Delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without Delhi; (b) section 64 of the said Act shall be read as if it referred to 1[2[the Corporation ]] as well as th e Government. 4[Tax on building applications payable along with the application for sanction of building plans ] 149. Tax on building applications .—(1) Save as otherwise provided in this Act, 1[2[the Corporation ]] shall levy a tax on buildings at such rates not exceeding those specified in the Sixth Schedule, as 1[2[the Corporation ]] shall determine. (2) The tax shall be leviable on every person who makes an application to the Commissioner for the sanction of building plan and shall be payable along with the same. 1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13 -1-2012). 2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22 -5-2022). 3. Ins. by Delhi Act 6 of 2003, s. 23 (w.e.f. 1 -8-2003). 4. Subs. by Delhi Act 7 of 2004, s. 4,f or heading “Tax on buildings payable along with the application |
also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid be fore both Houses of Parliament. 34. Annual accounts .—(1) The annual accounts and balance -sheet of the University shall be prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor -General of India or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observa tions of the Executive Council. (3) Any observati ons made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Counci l, be submitted to the Visitor. (4) A copy of the annual accounts tog ether with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid be fore both Houses of Parliament. (5) The audited annual accounts after having been laid b efore both Houses of Parliament shall be published in the Offi cial Gazette. 35. Returns and information .—The University shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Gove rnment may, from time to time, require. . Conditions of service of employees .—(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furni shed to the employ ee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nomina ted by the employee concerned and an |
ntry, shall be made parties to the suit: No persons by whom the record -of-rights was signed, and no pe rsons claiming through or under them shall, without the previous sanction of the Chief Commissioner, institute any suit with a view to modify or set aside any entry relating to an y matter mentioned in section seventy or section seventy -seven, clause (b), (c) or (d). 84. Revision of record -of-rights by Chief Commissioner. —After an assessment has been confirmed by the Governor Genera l in Council, the Chief Commis sioner shall not exercise, in respect of any entry of the descriptions referred to in s ection eighty -three duly made in a record -of-rights prepared in connec tion with such assessment and duly attested, the power of revision conferred by sections twenty -five and thirty - one, unless it is proved that such entry was made inadvertently. 85. Proceedings regarding lands the property of Governme nt.— In respect of lands declared to be the property of Government, the Settlement -officer shall, instead of proceeding as hereinbefore provided, conduct such operations, and prepare such record, as the Chief Commissioner may direct. ________ CHAPTER VII. OF SETTLEMENTS MADE BEFORE THIS ACT COMES INTO FORCE . 86. Former settlements deemed to have been made under this Act .—Settlements made before this Act comes into force shall be deemed, so far as may be, to have been made hereunder; and the provisions of this Act in regard to p roceedings taken and records prepared by Settlement -office rs in the making of settlements hereunder shall apply in like manner to proceedings taken and records prepared before this Act comes into force. 87. Effect of awards of propri etary rights at such settlements. —When a Settlement -officer or Settlement Court has, at any settlement made before this Act comes into force, made an award of proprietary rights in any land, all claims which after consideration by such officer or Court may have been expressly decided by him or it to be invalid, or inferior to the claims of the persons in whose favour the |
Chapter: 2
Section: 22A
Section Title: When oral admission as to contents of electronic records are relevant
Description:
Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question. |
appointed by him with such designation as he may specify”. The second amendment inserted the word “progress” after the word “peace”in clause (1) of the proposed article 240. With these amendments,clause 17 was adopted by the Lok Sabha and Rajya Sabha on 6 and11 September 1956, respectively 89. Insertion of New Article 290A Clause 18 of the Bill, as introduced, sought to introduce a new article 290A in the Constitution which read: 290A. A sum of forty-six lakh and fifty thousand rupees shall be charged on, and paid out of the Consolidated Fund of the State ofKerala every year to the Travancore Devaswom Board. The Joint Committee besides re-numbering clause 18 as clause 19, amplified the proposed new article 290A by providing for an annualcharge of Rs. 13.5 lakh on the Consolidated Fund of the State ofMadras for the maintenance of Hindu temples and shrines in theterritories which were to be transferred to that State from the State ofTravancore-Cochin. With a minor formal amendment, clause 19, asreported by the Joint Committee, was adopted by both the Houses—by the Lok Sabha on 6 September 1956 and by the Rajya Sabha on11 September 1956 90. Insertion of New Articles 350A and 350B Clause 20 of the Bill, as introduced, proposed insertion of a new article 350A in the Constitution requiring every State and local authorityto endeavour to provide adequate facilities for instruction in the mothertongue at the primary stage of education to children belonging tolinguistic minority groups. The new provision was designed toimplement one of the States Reorganisation Commission’s importantrecommendations regarding safeguards for linguistic minorities in theStates after reorganisation. The Joint Committee re-numberedclause 20 as clause 21. 89L.S. Deb., 6 September 1956, cc. 5833, 5861 and 6057-58; R.S. Deb., 11 September 1956, c. 4215. 90Ibid., cc. 6057-58; Ibid, c. 4215. CONSTITUTION AMENDMENT IN INDIA 69 During consideration of clause 21 (as so re-numbered) by the Lok Sabha, Shri B.N. Datar, Minister in the Ministry of Home Affairs, moved an amendment seeking insertion of another new article, article 350B, after the proposed article 350A. New article 350B as proposed by Shri Datar read: |
Council or the Vice -Chancellor or if there is no Vice -Chancellor, the Pro -Vice -Chancellor or if there is no Pro -Vice -Chancellor, by the Registrar. (5) Eleven members of the Court shall form a quorum for a meeting of the Court. . Quorum for mee ting of the Executive Council .—Seven members of the Executive Council shall form a quorum for a meeting of the Executive Council. 12. Powers and functi ons of the Executive Council .—(1) The Executive Council shall have the power of management and administration of the revenues and property of the University and the conduct of all administrative affairs of the Univer sity not otherwise provided for. (2) Subject to the provisions of this Act, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely: — (i) to create teaching and other aca demic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers and other academic staff: Provided that no action shall be taken by the Executive Council in respect of t he number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the Academic Council; (ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, on the recommendation of the Selection Committee constituted for the purpose and to fill -up temporary vacancies therein; (iii) to recognise persons as University recognised teachers in the manner prescribed by the Ordinances; (iv) to create administrative, ministerial and other necessary posts (including Chairs) and to make appointments thereto in the manner prescribed by the Ordinances; (v) to grant leave of absence to any officer of the University other than the Chancellor and the Vice -Chancellor, and to m ake necessary arrangements for the discharge of the functions of such officer during his absence; (vi) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances; (vii) to manage and regulate the finances, account s, |
paragraph 3 shall also include, for each plant which is located within the plant site and which falls under th e specifications set forth in paragraph 3, the following information: (a) The name of the plant and the name of the owner, company, or enterprise operating it; (b) Its precise location within the plant site, including the specific building or structure num ber, if any; (c) Its main activities. 8. Declarations of a plant site pursuant to paragraph 3 shall also include the following information on each Schedule 3 chemical above the declaration threshold: (a) The chemical name, common or trade name used by the facility, structural formula, and Chemical Abstracts Service registry number, if assigned; (b) The approximate amount of production of the chemical in the previous calendar year, or, in case of declarations on anticipated activities, anticipated for the ne xt calendar year, expressed in the ranges: 30 to 200 tonnes, 200 to 1,000 tonnes, 1,000 to 10,000 tonnes, 10,000 to 100,000 tonnes, and above 100,000 tonnes; and (c) The purposes for which the chemical was or will be produced. Declarations on past producti on of Schedule 3 chemicals for chemical weapons purposes 9. Each State Party shall, not later than 30 days after this Convention enters into force for it, declare all plant sites comprising plants that produced at any time since 1 January 1946 a Schedule 3 chemical for chemical weapons purposes. 10. Declarations of a plant site pursuant to paragraph 9 shall include: (a) The name of the plant site and the name of the owner, company, or enterprise operating it; (b) Its precise location including the address; (c) For each plant which is located within the plant site, and which falls under the specifications set forth in paragraph 9, the same information as required under paragraph 7, sub -paragraphs ( a) to (c); and (d) For each Schedule 3 chemical produced for c hemical weapons purposes: (i) The chemical name, common or trade name used by the plant site for chemical weapons production purposes, structural formula, and Chemical Abstracts Service registry number, if assigned; |
ibid., for “wakf” (w.e.f. 1 -11-2013). 3. Ins. by s. 50, ibid. (w.e.f. 1 -11-2013). 4. Ins. by s. 51, ibid. (w.e.f. 1 -11-2013). (2) Upon the publication of a notification under sub -section ( 1) superseding the Board, — (a) all the members of the Board shall, as from the date of supersession, vacate their offices as such members; (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may direct; and (c) all properties vested in the Board shall, during the period o f supersession vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section ( 1), the State Government may — 1[(a) extend the period of supersession by another six months w ith reasons to be recorded in writing and, the period of continuous supersession shall not exceed more than a year; or ] (b) reconstitute the Board in the manner provided in section 14. 100. Pr otection of action taken in good faith .—No suit or other legal proceeding shall lie against the board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act. 101. Survey Commissioner, members and officers of the Board , deemed to be public servants .— (1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board and every other person duly appointe d to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (2) Every mutawalli of a 2[waqf] , every member of manag ing committee, whether constituted by the Board or under any deed of 2[waqf] , |
such other powers as may be prescribed by the Statutes. 9. The Chief Rector .—The Governor of the State of Sikkim shall be the Chief Rector of the University. . Officers of the University .—The following shall be the officers of the University: — (1) the Chancellor; (2) the Vice -Chancellor; (3) the Pro -Vice -Chancellor; (4) the Deans of Schools; (5) the Registrar; (6) the Finance Officer; (7) the Controller of Examinations; (8) the Librarian; and (9) such other officers as may be declared by the Statutes to be officers of the University. 11. The C hancellor .—(1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes. (2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Court. 12. The Vice -Chancellor .—(1) The Vice -Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes. (2) The Vice -Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University. (3) The Vice -Chancellor may, if he is of the o pinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter: Provided that if th e authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice -Chancellor under this sub -section shall have the right to represent against such action to the Executive Council within three months from the date on |
the purposes of that sub -section unless the following conditions are fulfilled, namely: — (a) the assessee furnishes, along with the deposit, a declaration in writing, to the bank or the co-operative society referred to in the 11[said sub -clause (vi)] with which such deposit is made, to the effect that the assessee will not take any loan or advance on the security of such deposit during a period of three years from the date on which the deposit is made; (b) the assessee furnishes, along with the return of income for the assessment year relevant to the previous year in which the transfer of the original asset was effected or within such further time as may be allowed by the 12[Assessing Officer], a copy of the declaration referred to in clause ( a) duly attested by an officer not below the rank of sub -agent, agent or manager of such bank or an officer of corresponding rank of such co -operative society. 1. The Explanation omitted by Act 11 of 1987, s. 74 (w.e.f. 1 -4-1987). 2. Ins. by Act 13 of 1989, s. 12 (w.e.f. 1 -4-1990). 3. Ins. by Act 19 of 1978, s. 13 (w.e.f. 1 -4-1978). 4. Subs. by Act 21 of 1979, s. 8, for “the full value of the consideration or any part there of in any equity shares referred to in clause ( va)” (w.e.f. 1 -4-1979). 5. Explanation 2 renumbered as Explanation 4 by Act 19 of 1978, s. 13 (w.e.f. 1 -4-1978). 6. Subs. by Act 21 of 1979, s. 8, for “clause ( vi)” (w.e.f. 1 -4-1979). 7. Ins. by s. 8, ibid. (w.e.f. 1 -4-1979). 8. Ins. by Act 19 of 1978, s. 13 (w.e.f. 1 -4-1978). 9. Subs. by Act 21 of 1979, s. 8, for “full value of the consideration or any part thereof received or accruing as a result o f the transfer” (w.e.f. 1 -4-1979). 10. Subs. by s. 8, ibid., for “referred to in clause ( vi)” (w.e.f. 1 -4-1979). 11. Subs. by s. 8, ibid., for “said clause ( vi)” (w.e.f. 1 |
or circumstantial evidence. In Shashi Kumar, it may be pointed out, this Court found all the probabilities against the expert opinion and the direct testimony of two witnesses accepted by this Court also wholly inconsistent with that opinion. 6. In our view, the legal position enunciated in Fakhruddin case cannot be said to be inconsistent with the ratio of any one of the earlier decisions to which reference has been made therein. Now it is no doubt true that the opinion of a hand-writing expert given in evidence is no less fallible than any other expert opinion adduced in evidence with the result that such evidence has to be received with great caution. But this opinion evidence, which is relevant, may be worthy of acceptance if there is internal or external evidence relating to the document in question supporting the view expressed by the expert. If alter comparison of the disputed and the admitted writings by the court itself, when the Presiding Officer is familiar with that language, it is considered safe to accept the opinion of the expert then the conclusion so arrived at cannot be assailed on special leave on the mere ground that comparison of hand-writing is generally considered as hazardous and inclusive (sic) and that the opinion of the hand-writing expert has to be received with considerable caution. The question in each case falls for determination on the appreciation of evidence and unless some serious infirmity or grave failure of justice is shown, this Court would normally refrain from re-appraising the matter on appeal by special leave. The trial court in this case agreeing with the principle of law enunciated by this Court compared the relevant documents and arrived at the conclusion that they have all been written in one hand. The learned II Temporary Sessions Judge on appeal, after referring to the comparison of the disputed and specimen writings by the Trial Magistrate, himself compared those writings with the help of the expert’s opinion and his report and came to a definite conclusion “that the disputed hand-writings tally with the specimen hand-writing”. In the High |
( 1) or sub -section ( 3) of section 74 , in so far as such loss relates to the business of the undertaking, shall be carried forward or set -off where such loss relates to any of the relevant assessment years 1[ending before the 1st day of April, 2001;] (iii) no deduction shall be allowed under section 80HH or section 80HHA or section 80 -I or section 80IA or section 80 -IB in relation to the profits and gains of the undertaking; and (iv) in computing the depreciation allowance under section 32, the written down value of any asset used for the purposes of the business of the undertaking shall be computed as if the assessee had claimed and been actually allowed the deduction in respect of depreciation for ea ch of the relevant assessment year. (7) The provisions of sub -section ( 8) and sub -section ( 10) of section 80 -IA shall, so far as may be, apply in relation to the undertaking referred to in this section as they apply for the purposes of the undertaking refe rred to in section 80 -IA. 2[(7A) Where any undertaking of an Indian company which is entitled to the deduction under this section is transferred, before the expiry of the period specified in this section, to another Indian company in a scheme of amalgamati on or demerger — (a) no deduction shall be admissible under this section to the amalgamating or the demerged company for the previous year in which the amalgamation or the demerger takes place; and (b) the provisions of this section shall, as far as may be, apply to the amalgamated or resulting company as they would have applied to the amalgamating or the demerged company if the amalgamation or the demerger had not taken place. ] (8) Notwithstanding anything contained in the foregoing provisions of this section, where the assessee, before the due date for furnishing the return of income under sub -section ( 1) of section 139, furnishes to the Assessing Officer a declaration in writing that the provisions of this section may not |
a minister only on the advice of the Prime Minister . In case of a difference of opinion or dissatisfaction with the performance of a minister , the Prime Minister can ask him to resign or advice the President to dismiss him. By exercising this power , the Prime Minister can ensure the realisation of the rule of collective responsibility . In this context, Dr. B.R. Ambedkar observed: “Collective responsibility can be achieved only throug h the instrumentality of the Prime Minister . Therefore, unless and until we create that office and endow that office with statutory authority to nominate and dismiss ministers, there can be no collective responsibility .”4 No Legal Responsibility In Britain, every order of the King for any public act is counter signed by a minister . If the order is in violation of any law, the minister would be held responsible and would be liable in the court. The legally accepted phrase in Britain is, “The king can do no wrong.” Hence, he cannot be sued in any court. In India, on the other hand, there is no provision in the Consti tution for the system of legal responsibility of a minister . It is not required that an order of the President for a public act should be countersigned by a minister . Moreover , the courts are barred from enquiring into the nature of advice rendered by the ministers to the president. COMPOSITION OF THE COUNCIL OF MINISTERS The council of ministers consists of three categories of ministers, namely , cabinet ministers, ministers of state,5 and deputy ministers. The difference between them lies in their respective ranks, emoluments, and political importance. At the top of all these ministers stands the Prime Minister–the supreme governing authority of the country . The cabinet ministers head the important ministries of the Central government like home, defence, finance, external affairs and so forth. They are members of the cabinet, attend its meetings and play an important role in deciding policies. Thus, their responsibilities extend over the entire gamut of Central government. The ministers of state can either |
Scheduled Castes andScheduled Tribes. The Bill was considered by the Lok Sabha on 28, 29 and 30 May 1990 and, as amended, passed on the same day 441. The Bill, as passed by the Lok Sabha, was considered and passed by the Rajya Sabha on31 May 1990 442. During consideration of clause 2 of the Bill as introduced in the Lok Sabha, following amendments were moved443 by Shri Ram Vilas Paswan, seeking: (i) substitution of the word “five” for the word “three” in clause 2(b)(2) relating to the constitution of the NationalCommission for the Scheduled Castes and Scheduled Tribes; (ii) substitution of the words “inquire into” for the word “examine” in sub-clause 5(b) of clause 2(b); (iii) insertion of the following new sub-clause in clause 2(b)(5): (c) to participate and advise on the planning process ofsocio-economic development of the Scheduled Castes andScheduled Tribes and to evaluate the progress of theirdevelopment under the Union and any State; 440L.S. Deb., 23 May 1990, c. 424. 441Ibid., 30 May 1990, c. 247. 442R.S. Deb., 31 May 1990, c. 228. 443L.S. Deb., 30 May 1990, cc. 135-136. CONSTITUTION AMENDMENT IN INDIA 243 (iv) insertion of the following new sub-clauses in clause 2(b): (8) The Commission shall, while investigating any matter referred to in sub-clause (9) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes and Scheduled Tribes; and (v) substitution of “(10)” for “(8)” in clause 2(c). The amendments were accepted by the |
Legislature .—(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue. (2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom: 1[Provided that in relation to the 2[Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura]this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted:] 3[Provided further that in relation to the 4[Legislatures of the States of 5[Arunachal Pradesh, Goa and Mizoram]], this clause shall have effect as if for ______________________________________________ 1. Ins. by the State of Himachal Pradesh Act, 1970 (53 of 1970), s. 46 (w.e.f. 25-1-1971). 2. Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971) s. 71, for "Legislature of the State of Himachal Pradesh" (w.e.f. 21-1-1972). 3. Ins. by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 4. Subs. by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42, for "Legislature of the State of Mizoram" (w.e.f. 20-2-1987). 5. Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for "Arunachal Pradesh and Mizoram" (w.e.f. 30-5-1987). THE CONSTITUTION OF INDIA (Part VI.—The States) 97 the words "fifteen years" occurring therein, the words "forty years" were substituted.] 211. Restriction on discussion in the Legislature. —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 |
Section 160: Description of IPC Section 160
According to section 160 of Indian penal code, Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
IPC 160 in Simple Words
If someone engages in an affray (public fight or brawl), they can be punished with up to one month in jail, a fine of up to one hundred rupees, or both. Committing affray 1 Month or Fine or Both Cognizable Bailable Any Magistrate |
Hat-racks, hat-pegs, brackets and similar fixtures kg. 15% - 8302 60 00 - Automatic door closers kg. 15% - 8303 00 00 ARMOURED OR REINFORCED SAFES , STRONG -BOXES kg. 10% - AND DOORS AND SAFE DEPOSIT LOCKERS FOR STRONG -ROOMS , CASH OR DEED BOXES AND THE LIKE, OF BASE METAL 8304 00 00 FILING , CABINETS , CARD -INDEX CAB INETS , PAPER TRAYS , PAPER RESTS , PEN TRAYS , OFFICE -STAMP STANDS AND SIMILAR OFFICE OR DESK EQUIPMENT , OF BASE METAL , OTHER THAN OFFICE FURNITURE OF HEADING 9403 kg. 20% - 8305 FITTINGS FOR LOOSE -LEAF BINDERS OR FILE S, LETTER CLIPS , LETTER CORNERS , PAPER CLIPS , INDEXING TAGS AND SI MILAR OFFICE ARTICLE S, OF BASE METAL ; STAPLES IN STRIPS (FOR EXAMPLE , FOR OFFICES , UPHOLSTERY , PACKAGING ), OF BASE METAL 8305 10 00 - Fittings for loose -leaf binders or files kg. 20% - 8305 20 00 - Staples in strips kg. 20% - 8305 90 - Other, including parts: 8305 90 10 --- Pins (other than those of heading 7317) kg. 20% - 8305 90 20 --- Clips kg. 20% - 8305 90 90 --- Other kg. 20% - 8306 BELLS , GONGS AND THE LIKE , NON-ELECTRIC , OF BASE METAL ; STATUETTES AND OTHER ORNAMENTS , OF BASE METAL ; PHOTOGRAPH , PICTURE OR SIMILAR FRAMES , OF BASE METAL ; MIRRORS OF BASE METAL SECTION -XV CHAPTER -83 (1) (2) (3) (4) (5) 8306 10 00 8306 21 - - -- Bells, gongs and the like Statuettes and other ornaments: Plated with precious metal: kg. 20% - 8306 21 10 --- Statuettes kg. 20% - 8306 21 20 --- Trophies kg. 20% - 8306 21 90 --- Other kg. 20% - 8306 29 -- Other: 8306 29 10 --- Statuettes kg. 20% - 8306 29 20 --- Trophies kg. 20% - 8306 29 90 --- Other kg. 20% - 8306 30 00 - Photograph, picture or similar frames; mirrors kg. 20% - 8307 FLEXIBLE TUBING OF BASE METAL , WITH OR WITHOUT FITTINGS |
det ermined by the competent authority in the prescribed manner. (8) The competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount of compensation payable to any person under this section. 144. Manner of payment of compensation .—(1) The compensation payable under section 143 shall be due from the date of publication of the list under sub -section ( 3) of section 142 and may paid in cash, in a lump sum or in instalments, or in bonds. (2) Where the compensati on is payable in bonds, the bonds may be made not transferable or transferable by endorsement or in any other manner but all such bonds shall be redeemed within such period , not exceeding twenty years from the date of issue , as may be prescribed. (3) Where there is any delay in the payment of compensation o r where the compensation is paid either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent . per annum from the date on which it falls due. 145. Limit of future acqu isition of load .—No person representing a family shall acquire in any manner whatsoever, whether by transfer, exchange, lease, agreement or succession , any land whe re such acquisition has the effect of making the total area of the land held by him exceed the ceiling limit; and any such land in excess of the ceiling limit shall be treated as excess land of the transferee and provisions of section 139 to 144 shall, as fa r as may be, apply to such excess land. 146. Excess land not to be surrendered in certain cases .—Where a person representing a family holds land not exceeding the ceiling limit, but subsequently the land held exceeds the ceiling limit, then , notwithstandin g anything contained in this Chapter, such person shall not be required to surrender any part of the land on the ground that it is excess land, if such excess is due to a decrease in the number of members of |
or distilling dregs and waste kg. 15% - 2304 OIL-CAKE AND OTHER SOLID RESIDUES WHETHER OR NOT GROUND OR IN THE FORM OF PELLETS , RESULTING FROM THE EXTRACTION OF SOYABEAN OIL 2304 00 - Oil-cake and other solid residues whether or not ground or in the form of pellets, resulting from the extraction of soyabean oil: 2304 00 10 --- Oil-cake and oil-cake meal of soyabean, kg. 15% - expeller variety 2304 00 20 --- Oil-cake of soyabean, solvent extracted kg. 15% - (defatted) variety 2304 00 30 --- Meal of soyabean, solvent extracted (defatted) kg. 15% - 2304 00 90 --- Other kg. 15% - 2305 OIL-CAKE AND OTHER SOLID RESIDUES , WHETHER OR NOT GROUND OR IN THE FORM OF PELLETS , SECTION -IV CHAPTER -23 (1) (2) (3) (4) (5) RESULTING FROM THE EXTRACTION OF GROUND -NUT OIL 2305 00 - Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of ground -nut oil: 2305 00 10 --- Oil-cake and oil-cake meal of ground -nut, kg. 15% - expeller variety 2305 00 20 --- Oil-cake and oil-cake meal of ground -nut, kg. 15% - solvent extracted variety (defatted) 2305 00 90 --- Other kg. 15% - 2306 OIL-CAKE AND OTHER SOLID RESIDUES , WHETHER OR NOT GROUND OR IN THE FORM OF PELLETS , RESULTING FROM THE EXTRACTION OF VEGETABLE OR MICROBIAL FATS OR OILS, OTHER THAN THOSE OF HEADING 2304 OR 2305 2306 10 - Of cotton seeds : 2306 10 10 --- Oil-cake and oil-cake meal, decorticated kg. 15% - expeller variety 2306 10 20 --- Oil-cake and oil-cake meal, decorticated, kg. 15% - solvent extracted (defatted) variety 2306 10 30 --- Oil-cake and oil-cake meal, undecorticated, kg. 15% - expeller variety 2306 10 40 --- Oil-cake and oil-cake meal, undecortica ted, kg. 15% - solvent extracted (defatted) variety 2306 10 90 --- Other kg. 15% - 2306 20 - Of linseed : 2306 20 10 --- Oil-cake and oil-cake meal, expeller variety kg. 15% - 2306 20 20 --- Oil-cake and oil-cake meal, |
1964 another Bill, the Constitution (Nineteenth Amendment) Bill, 1964, was introduced inthe Lok Sabha for amending article 31A and the Ninth Schedule thoughnot precisely on the same terms as those of the Constitution (SeventeenthAmendment) Bill, 1963. The Constitution (Nineteenth Amendment)Bill, 1964, as passed by Parliament, became the Constitution(Seventeenth Amendment) Act, 1964 14. The Constitution (Eighteenth Amendment) Bill, 1964 The Constitution (Eighteenth Amendment) Bill, 1964, which was introduced in the Lok Sabha on 24 April 1964, sought to amendarticle 359 of the Constitution 15. On 28 April 1964, the Minister of Law stated in the Lok Sabha that the Government did not propose to 10L.S. Deb., 6 May 1963, cc. 14001-14002. The Bill was introduced by the Minister of State in the Ministry of Home Affairs, Shri R.M. Hajarnavis. 11Ibid., 18 September 1963, cc. 6822-6823 and 19 September 1963, c. 7137; R.S. Deb., 21 September 1963, c. 5254. 12L.S. Deb., 25 March 1964, c. 7392. 13Ibid., 28 April 1964, c. 13217. 14For the Text see the Constitution (Seventeenth Amendment) Act, 1964 in Annexure (A). 15L.S. Deb., 24 April 1964, cc. 12501-12523. The Bill was introduced by the Minister of Law, Shri A.K. Sen. CONSTITUTION AMENDMENT IN INDIA proceed with the aforesaid Bill16. The Bill lapsed on the dissolution of the Third Lok Sabha. The Constitution (Nineteenth Amendment) Bill, 1966 The Constitution (Nineteenth Amendment) Bill, 1966, which was introduced in the Lok Sabha on 9 May 196617, sought to amend article 3 of the Constitution. However, the motion for the considerationof the Bill was lost as it was not carried in the Lok Sabha by therequisite majority on 16 May 1966 18. The amendments proposed in the Bill were later incorporated in another Bill, introduced in theLok Sabha on 25 July 1966, which was enacted as the Constitution(Eighteenth Amendment) Act, 1966 19. The Constitution (Twenty-second Amendment) Bill, 1968 The Constitution (Twenty-second Amendment) Bill, 1968, which was introduced in the Lok Sabha on 10 December 196820, sought to: (i) insert new articles 244A and 371B in the Constitution and(ii) amend article 275 of the Constitution. On a motion, moved in theLok Sabha on |
Chairman of the House concerned. V. EARLIER EFFOR TS TO REVIEW THE CONSTITUTION Even before the appointment of this Commission in 2000, certa in attempts were already made to review the working of the Constitution. The Commission itself has summarized those attempts in the following way11 : 1. There was nothing entirely new in the effort at reviewing the working of our Constitution. The debate had continued right from the first decade of the life of the Constitution. Also, every amendme nt had been an occasion for review . But, in the half-a-century and more since the Constitution came into force, whereas as many as eighty-five amendments have been instituted, there has been (till the setting up of the National Commission to Review the Working of the Constitution) no comprehensive and transparent official exercise to review the working of the Constitution in its entirety with a view to evalua ting its achievements and failures in fulfilling the objectives of the Constitution in the context of experience gained, and for future requirements perceived. 2. After the Constitution came into force, within two years, it was required to be amended. In the course of his speech on the Constitution (First Amendm ent) Bill, 1951, on 2 June 1951 Nehru once again repeated his views as to the need for the Constitution to be amenable to amendment. On this occasion, his words were trenchant and unsparing. He said: “A Cons titution which is unchanging and static, it does not matter how good it is, but as a Constitution it is past its use. It is in its old age already and gradually approaching its death. A Constitution to be living must be growing; must be adaptabl e; must be flexible; must be chang eable... Therefore, it is a desirab le and a good thing for people to realize that this very fine Constitution that we have fashioned after years of labour , is good in so far as it goes, but as socie ty changes as conditions change, we amend it in the proper way”. 3. Four years later, as an exper ienced |
a Commission appointed under paragraph 14 of this Schedule by public notification order the dissolution of a District or a Regional Council, and— (a) direct that a fresh general election shall be held immediately for the reconstitution of the Council; or (b) subject to the previous approval of the Legislature of the State assume the administration of the area under the authority of such Council himself or place the administration of such area under the Commission appointed under the said paragraph or any other body considered suitable by him for a period not exceeding twelve months: Provided that when an order under clause ( a) of this paragraph has been made, the Governor may take the action referred to in clause ( b) of this paragraph with regard to the administration of the area in question pending the reconstitution of the Council on fresh general election: Provided further that no action shall be taken under clause ( b) of this paragraph without giving the District or the Regional Council, as the case may be, an opportunity of placing its views before the Legislature of the State. ______________________________________________ 1. Paragraph 16 has been amended in its application to the States of Tripura and Mizoram by the Sixth Schedule to the Constitution (Amendment) Act, 1988 (67 of 1988) s. 2 (w.e.f. 16-12-1988), as under,— ‘(a) in sub-paragraph (1), the words “subject to the previous approval of the Legislature of the State” occurring in clause ( b), and the second proviso shall be omitted; (b) for sub-paragraph (3), the following sub-paragraph shall be substituted, namely:— “(3) Every order made under sub-paragraph (1) or sub-paragraph (2) of this paragraph, along with the reasons therefor shall be laid before the Legislature of the State.”.’. 2. Paragraph 16 renumbered as sub-paragraph (1) thereof by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970). THE CONSTITUTION OF INDIA (Sixth Schedule) 302 1[(2) If at any time the Governor is satisfied that a situation has arisen in which the administration of an autonomous district or region cannot be carried on in |
which shall be awardable for commission of prison -offences or classes thereof ; (4) declaring the circumstances in which acts constituting both a prison -offence and an offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prison - offence ; (5) for the award of marks and the shortening of sentences ; (6) regulating the use of arms against any pris oner or body of prisoners in the case of an outbreak or attempt to escape ; (7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released ; 4[(8) for the classification of prisons, and description and construction of wards, cell s and other places of detention ; (9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be co nfined in each class of prisons ; (10) for the government of prisons and for the appoint ment of all of ficers appointed under this Act ; (11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost ; (12) for the employment, instruction and control of convicts within or without prisons; (13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited ; (14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour ; (15) for regulating the disposal of the proceeds of the employment of prisoners ; (16) for regulating the confinement in fetters of prison ers sentenced to transportation ; (17) for the classification and the separation of prisoners ; (18) for regulating the confinement of convicted crim inal prisoners under section 28 ; 1. Section 59 renumbered as sub -section ( 1) by the Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15 -5-1986). 2. Subs. by the A.O. 1937, for “The G.G. in C. may for any part of British India, and each L.G. with the previous sanction of the G.G in |
Special Court, in relation to an offence punishable under section 4, desires that — (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produc e a document or o ther thing or to produce it, or (d) a search warrant, issued by it shall be served or executed at any place in any contracting State, it shall send such summons or warrant in duplicate in such form, to such Court, Judge or Magistrate thro ugh such authorities, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) Where a Special Court, in relation to an offence punishable under section 4 has rec eived for service or execution — (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring him to attend and produce a document or ot her thing, or to produce it, or (d) a search warrant, issued by a Court, Judge or Magistrate in a contracting State, it shall, cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or ex ecution within its local jurisdiction; and where — (i) a warrant of arrest has been executed, the person arrested shall be dealt with in accordance with the proced ure specified under section 19; (ii) a search warrant has been executed, the things found in this sear ch shall, so far as possible, be dealt with in accordance with the procedure spec ified under sections 17 and 18: Provided that in a case where a summon or search warrant received from a contracting State has been executed, the documents or other things pro duced or things found in the search shall be forwarded to the Court issuing the summons or search -warrant throug |
as the case may be, may issue an injunction to the Revenue -officer requiring him to stay proceeding pe nding the disposal of the appeal. (e) From the appellate decree of a Divisi onal Court upon such an appeal a further appeal shall lie to the Chief Court if such a further appeal is allowed by the law for the time being in force. 118. Disposal of other ques tions.—(1) When there is a question as to the property to be divided, or the mode of making a partition, the Revenue -officer shall, after, such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the deci sion. (2) An appeal may be preferred to the Commissioner from an order under sub- section ( 1) within fifteen days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the Revenue -officer by the Comm issioner, the Revenue -officer shall stay proceeding s pending the disposal of the appeal. (3) If an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceeding s in so far as they relate to the partition of his shares, he shall be permitted to withdraw therefrom on such terms as the Revenue -officer thinks fit. (4) When an applicant withdraw , under the last foregoing sub- section, the R evenue -officer may, where the other applicants , if any, desire the continuance of the proceeding, continue them in so as far they relate to the partition of the shares of those other applicants. 119. Administration of property excluded from partition. —When any such property as is refer red to in section 112, clause ( 2), is excluded from partition, the Revenue -officer may determine the extent and manner to and in which the co- sharer s and other persons interested therein may make use thereof, and the proportion in which the expenditure inc urred thereon and profits derived therefrom, respectively, are to be borne by |
President Veto Power of the President Ordinance-Making Power of the President Pardoning Power of the President Constitutional Position of the President Notes and Refer ences 18Vice-Pr esident Election Qualifications, Oath and Conditions Term and V acancy Powers and Functions Indian and American V ice-Presidents Compared Notes and Refer ences 19Prime Minister Appointment of the Prime Minister Oath, T erm and Salary Powers and Functions of the Prime Minister Role Descriptions Relationship with the President Chief Ministers who became Prime Ministers Notes and Refer ences 20Central Council of Ministers Constitutional Provisions Nature of Advice by Ministers Appointment of Ministers Oath and Salary of Ministers Responsibility of Ministers Composition of the Council of Ministers Council of Ministers vs Cabinet Role of Cabinet Role Descriptions Kitchen Cabinet Notes and Refer ences 21Cabinet Committees Features of Cabinet Committees List of Cabinet Committees Functions of Cabinet Committees Groups of Ministers Notes and Refer ences 22Parliament Organisation of Parliament Composition of the T wo Houses System of Elections to Lok Sabha Duration of T wo Houses Membership of Parliament Presiding Of ficers of Parliament Leaders in Parliament Sessions of Parliament Devices of Parliamentary Proceedings Legislative Procedure in Parliament Joint Sitting of T wo Houses Budget in Parliament Multifunctional Role of Parliament Ineffectiveness of Parliamentary Control Position of Rajya Sabha Parliamentary Privileges Sovereignty of Parliament Notes and Refer ences 23Parliamentary Committees Meaning Classification Financial Committees Departmental Standing Committees Committees to Inquire Committees to Scrutinise and Control Committees Relating to the Day-to-Day Business of the House House-Keeping Committees Consultative Committees Notes and Refer ences 24Parliamentary Forums Establishment of the Forums Objectives of the Forums Composition of the Forums Functions of the Forums Notes and Refer ences 25Parliamentary Gr oup Rationale of the Group Composition of the Group Objectives of the Group Functions of the Group The Group and IPU The Group and CP A Notes and Refer ences 26Supr eme Court Composition and Appointment Qualifications, Oath and Salaries Tenure and Removal Acting, Adhoc and Retired Judges Seat and Procedure Independence of Supreme Court Jurisdiction and Powers of Supreme Court Supreme Court Advocates Notes and Refer ences 27Judicial Review |
this Act by the Board of directors, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall 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 sha ll be without prejudice to the validity of anything previously done under that regulation. ] 1. Ins. by Act 1 of 1988, s. 15 (w.e.f. 28 -9-1988). 2. Subs. by s. 16, ibid., for “Reserve Bank” (w.e.f. 28 -9-1988). 3. Ins. by s. 16, ibid. (w.e.f. 28 -9-1988). 4. Section 30 renumbered as sub -section ( 1) thereof by Act 1 of 1984, s. 70 (w.e.f. 15 -2-1984). 5. Subs. by Act 1 of 1988, s. 17, for “Reserve Bank” (w.e.f. 28 -9-1988). 6. Ins. by Act 66 of 1988, s. 34 (w.e.f. 30 -12-1988). 7. Ins. by Act 1 of 1984, s. 70 (w.e.f. 15 -2-1984). . Removal of difficulties. —If any difficulty arises in giving effect to the provisions of this Act, the Central Government may make such order, not inconsistent w ith the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of five years from the commencement of this Act. 32. Act to overrid e the provisions of other laws. —The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, express or implied, or in any instrument having effect |
or expedient in the public interest so to do, he may , with the previous approval of the Central Government, exempt, by notification in the Official Gazette, and sub ject to such conditions, if any, as he may impose, any specified class of sales by any specified class of dealers from payment of the whole or any part of the tax payable under this Act. (2) If in respect of any sales which are exemp t from payment of tax under sub -section ( 1), a brea ch of any of the conditions sub ject to which such exemption was granted, is committed, the dealer responsible for such breach sh all be liable to pay tax in respect of all such sales as if no such exemption had been granted. 67. Bar of suits in civil courts .—No suit shall be brought in any civil court to set aside or modify any assessment made or any order passed under this Act or the rules made thereu nder and no prosecution, suit or other proceeding shall lie against the Government or any officer of the Government for anything in good faith done or intended to be done under this Act or the rules made thereunder. 68. Transfers during pendency of proceed ings void .—Where, during the pendency of any proceeding under this Act, any person creates a charge on or parts with the possession by way of sale, mortgage, gift or exchange or any other mode of transfer whatsoever, of any of his assets in favour of any other person, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by such person as a result of the completion of the said proceedings. 69. Chapter XXXVI of the Code of Criminal Procedure, 1973 , not to apply to certain offences .—Nothing in Chapter XXXVI of the Code of Criminal Procedure , 1973 (2 of 1974) , shall apply to — (i) any offence punishable under this Act; or (ii) any other offence which under the provisions of that Code, may |
7. Transfer of immovable properties of Hindustan Steel Limited to Metallurgical and Engi neering Consultants (India) Limi ted.—On the appointed day, the right, title and interest of the Hindustan Steel Limited in the immovable properties owned by it in Ranchi District of the State of Bihar, together with lia bilities and obligations in relation thereto, shall stand transferred to, and vest in, the Metallurgical and Engineeri ng Consultants (India) Limited. CHAPTER III TRANSFER OF SHARES 8. Transfer of shares held by Bokaro Steel Limited to Central Government .—On the ap pointed day, all the shares held by the Bokaro Steel Limited in the share capital of the Bharat Refractories Limited shall stand transferred to, and vest in, the Central Government. 9. Transfer of shares held by Integral Company to Central Government .—On the appointed day, all the shares held by the Integral Compan y in the share capital of each of the companies specified in the Second Schedule shall stand transferred to, and vest in, the Central Government. 10. Transfer of shares held by Integral Company to Bharat Refractories Limited .—On the appointed day, all the shares held by the Integral Company in the share capital of the India Firebricks and Insulation Company Limited (a company formed and registered under the Companies Act having its registered office at Bombay in the State of Maharashtra) shall stand transfe rred to , and vest in, the Bharat Refractories Limited. 11. Transfer of shares held by Central Government to Integral Company .—On the appointed day, all the shares held by the Central Government in the share capital of the Indian Iron and Steel Company Limited (a company under the Companies Act having its registered office at Calcutta in the State of West Bengal) shall stand transferred to, and vest in, the Integral Company. 12. Central Government, etc., deemed to be registered in the register of members of companies .—The Central Government, the Bharat Refractories Limited or the Integral Company, as the case may be, shall be deemed, as from the appointed day, to have been registered in the register of members of the |
THE PROVINCIAL INSOLVENCY ACT, 1920 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS . 1. Short title and extent . 2. Definitions . PART I CONSTITUTION AND POWERS OF COURT 3. Insolvency jurisdiction . 4. Power of Court to decide all questions arising in insolvency . 5. General powers of Courts . PART II PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE Acts of insolvency 6. Act of insolvency . Petition 7. Petition and adjudication . 8. Exemption of corporation, etc., from insolvency proceedings . 9. Conditions on which creditor may petition. 10. Conditions on which debtor may petition. 11. Court to which petition shall be presente d. 12. Verification of petition . 13. Contents of petition . 14. Withdrawal of petitions . 15. Consolidation of petitions. 16. Power to change carriage of proceedings. 17. Continuance of pro ceedings on death of debtor . 18. Procedure for administration of petition . 19. Procedure on admission of petition . 20. Appointment of interim receiver . 21. Interim proceedings against debtor . 22. Duties of debtors . 23. Release of debtor . 24. Procedure at hearing . 25. Dismissal of petitio n. 26. Award of compensation . Order of adjudication 27. Order of adjudication . 28. Effect of an order of adjudication . 28A. Insolvent's property to comprise certain capacity. 29. Stay of pending proceeding. 30. Publication of order of adjudication. Proceedings consequent on order of adjudication SECTIONS . 31. Protection of order. 32. Power to arrest after adjudication. 33. Schedule of creditors. 34. Debts provable under the Act. Annulment of adjudication 35. Power to annul adjudication of insolvency. 36. Power to cancel one of concurrent orders of a djudication. 37. Proceedings on annulment. Compositions and schemes of arrangement 38. Compositions and schemes of arrangement. 39. Order on approval. 40. Power to re -adjudge debtor insolvent. Discharge 41. Discharge. 42. Cases in which Court must refuse an absolute discharge. 43. Adjudication to be annulled on failure to apply for discharge. 44. Effect of order of discharge. PART III ADMINISTRATION OF PROPERTY Method of proof of debts 45. Debt payable at a future time. 46. Mutual |
or person, discloses confidential information acquired in the course of his employment, except as and when required by any law for the time being in force o r except as permitted by the employer; (3) includes in any information, statement, return or form to be submitted to the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board o r the Appellate Authority any particulars knowing them to be false; (4) defalcates or embezzles moneys received in his professional capacity. PART III Other misconduct in relation to members of the Institute generally A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment fo r a term exceeding six months.] |
by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same on such date if the Board had not been established and shall continue to do so unless and until his employment in the Board is terminated or until such tenure, remuneration and terms an d condition s are duly altered by the Board: Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government. 14. Location of libr ary.—The library shall be located at Patna. CHAPTER III PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD 15. Property and liabilities of Board .—(1) On the establishment of the Board — (i) all properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the deed of trust, in their capacity as such, shal l vest in, and be realisable by; the Board; and (ii) all liabilities in relation to the library which are enforceable against the said trustees, shall be enforceable only against the Board. (2) All properties, which may, after the establishment of the Board, be given, bequeathed or otherwise transferred to the library or acquired by the Board, shall vest in the Board. 16. Duties of Board. —(1) Subject to the pr ovisions of the deed of trust, it shall be the general duty of the Board to manage the library and to plan, promote, organise and implement programmes for the development of the library on modern scientific lines (including the microfilming of rare manuscr ipts) and to perform such other functions as the Central Government may, from tim e to time, assign to the Board. (2) In particular and without prejudice to the generality of the foregoing provision, the Board may take such steps as it thinks fit — (a) for p roviding for instruction and research in matters relating to libraries and for the advancement of learning and dissemination of knowledge in such matters; and (b) to do all such |
preliminary assessment under Section 15, disposed of the matter] then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit, — (a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian; (b) direct the child to participate in group counselling and similar activities; (c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board; (d) order the child or parents or the guardian of the child to pay fine: Provided that, in case the child is working, it ma y be ensured that the provisions of any labour law for the time being in force are not violated; (e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviou r and child ’s well -being for any period not exceeding three years; (f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child ’s well -being for any period not exceeding three years; (g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modificati on therapy, and psychiatric support during the period of stay in the special home: Provided that if the conduct and behaviour of the child has been such that, it would not be in the child ’s interest, or in the interest of other children |
Section 252: Description of IPC Section 252
According to section 252 of Indian penal code, Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the sections 246 or 248 has been committed having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
IPC 252 in Simple Words
In simple words, Section 252 of the Indian Penal Code states that if someone knowingly possesses a fraudulent coin and intends to commit fraud or is aware that a fraud has already been committed with that coin, they can be imprisoned for up to three years and fined. Possession of altered coin by a person who knew it to be altered when he became possessed thereof 3 Years + Fine Cognizable Non-Bailable Magistrate First Class |
April, 1971, wh ichever valuation date is later . 2* * * * * Explanation. —For the purposes of this sub -section, — (i) where the house has been constructed by the assessee, he shall be deemed to have become the owner thereof on the date on which the construction of such house was completed; (ii) “house” includes a part of a house being an independent residential unit.] CHAPTER III WEALTH -TAX AUTHORITIES 3[8. Wealth -tax authorities and their jurisdiction. —The income -tax authorities specified in section 116 of the Income -tax Act shall be the wealth -tax authorities for the purposes of this Act and every such authority shall exercise the powers and perform the functions of a wealth -tax authority under this Act in respect of any individual, Hindu undivided family or company, and for this purpose his jurisdiction under this Act shall be the same as he has under the Income -tax Act by virtue of orders or directions issued under section 120 of that Act (including or ders or directions assigning concurrent jurisdiction) or under any other provision of that Act. Explanation. —For the purposes of this section, the wealth -tax authority having jurisdiction in relation to a person who is not an assessee within the meaning of the Income -tax Act shall be the wealth -tax authority having jurisdiction in respect of the area in which that pers on resides. 8A. [Power of Commissioner respecting specified areas, cases, persons, etc .]—Omitted by the Direct Tax Laws (Amendment ) Act, 1987 (4 of 1988) , s. 132 (w.e.f. 1-4-1988 ). Earlier it was inserted by Act 46 of 1964, s. 9 (w.e.f . 1-4-1965). 1. Subs. by Act 3 of 1989, s. 62, for section 7 (w.e.f. 1 -4-1989). Earlier section 7 was amended by Act 46 of 1964, s. 6 (w.e.f. 1 -4-1965), Act 45 of 1972, s. 8 (w.e.f. 1 -4-1973), Act 66 of 1976, s. 27 (w.e.f. 1 -4-1976) and Act 44 of 1980, s. 38 (w.e.f. 1 -4-1980). 2. The proviso omit ted by Act 18 of 1992, s. 93 (w.e.f. 1 |
THE DELHI RENT CONTROL ACT, 19 58 _________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement . 2. Definitions . 3. Act not to apply to certain premises. CHAPTER II PROVISIONS REGARDING RENT 4. Rent in excess of standard rent not recoverable. 5. Unlawful charges not to be claimed or received . 6. Standard rent. 6A. Revision of rent. 7. Lawful increase of standard rent in certain cases and recovery of other charges. 8. Notice of increase of rent. 9. Controller to fix s tandard rent, etc. 10. Fixation of interim rent. 11. Limitation of liability of middlemen. 12. Limitation for application for fixation of standard rent. 13. Refund of rent, premium, etc., not recoverable under the Act. CHAPTER III CONTROL OF EVICTION OF TENANTS 14. Protection of tenant against eviction. 14A. Right to recover immediate possession of premises to accr ue to certain persons. 14B. Right to recover immediate possession of premises to accrue to members of the armed forces, etc. 14C. Right to rec over immediate possession of premises to accrue to Central Government and Delhi Administration employees. 14D. Right to recover immediate possession of premises to accrue to a widow. 15. When a tenant can get the benefit of protection against eviction . 16. Restrictions on sub -letting. 17. Notice of creation and termination of sub -tenancy. 18. Sub-tenant to be tenant in certain cases. 19. Recovery of possession for occupation and re -entry. 20. Recovery of possession for repairs and re -building and re -entry. 21. Recovery of possession in case of tenancies for limited period. 22. Special provision for recovery of possession in certain cases. 23. Permission to construct additional structures. SECTIONS 24. Special provision regarding vacant building site s. 25. Vacant possession to landlord. CHAPTER IIIA SUMMARY TRIAL OF CERTAIN APPLICATIONS 25A. Provisions of this chapter to have overriding effect. 25B. Special procedure for the disposal of applications for eviction on the ground of bona fide requirement . 25C. Act to have effect in a modified fo rm in relation to certain persons. CHAPTER IV DEPOSIT OF RENT |
Section 491: Description of IPC Section 491
According to section 491 of Indian penal code, Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.
IPC 491 in Simple Words
If someone is legally obligated to take care of or provide for a person who is helpless due to youth, unsoundness of mind, disease, or bodily weakness, but they willingly fail to do so, they can be punished with imprisonment for up to three months, a fine of up to two hundred rupees, or both. Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of mind or disease, and voluntarily omitting to do so 3 Months or Fine or Both Non-Cognizable Bailable Any Magistrate |
Section 268: Description of IPC Section 268
According to section 268 of Indian penal code, A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
IPC 268 in Simple Words
According to section 268 of the Indian Penal Code, a person is guilty of a public nuisance if they do anything that causes harm, danger, or annoyance to the public or people living nearby, and such a nuisance cannot be excused even if it brings some convenience or advantage. nan nan nan nan nan |
except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub-clause ( ii) of clause (6) of article 19.] 306. [Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce. ].—Omitted by the Constitution (Seventh Amendment )Act, 1956, s. 29and Sch.(w.e.f. 1-11-1956) 307. Appointment of authority for carrying out the purposes of articles 301 to 304.— Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary. ______________________________________________ 1. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 4, for art. 305 (w.e.f. 27-4-1955). PART XIV SERVICES UNDER THE UNION AND THE STATES CHAPTER I.— SERVICES 308. Interpretation .—In this Part, unless the context otherwise requires, the expression “State” 1[does not include the State of Jammu and Kashmir]. 309. Recruitment and conditions of service of persons serving the Union or a State. —Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor2*** of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by |
The words “Deputy Commissioner (Appeals) or the” omitted by Act 21 of 1998, s. 65 (w.e.f. 1 -10-1998). Earlier the words “Deputy Commissioner (Appeals)” were substituted by Act 4 of 1988, s. 2, for “Appellate A ssistant Commissioner” (w.e.f. 1 -4-1988) and the words “or the Commissioner (Appeals)” were inserted by Act 29 of 1977, s. 39 and the Fifth Schedule (w.e.f. 10 -7-1978). 4. Subs. by Act 4 of 1988, s. 2, for “Income -tax Officer” (w.e.f. 1 -4-1988). 5. Ins. by Act 41 of 1975, s. 79 (w.e.f. 1 -4-1976). 6. Ins. by Act 26 of 1974, s. 14 (w.e.f. 18 -8-1974). [2[296. Rules and certain notifications to be placed before Parliament. —The Central Government s hall cause every rule made under this Act , 3[the rules of procedure framed by the Settlement Commission under sub -section ( 7) of section 245F, the Authority for Advance Rulings under section 245V and the Appellate Tribunal under sub -section ( 5) of section 255] and 4[every notification issued before the 1st day of June, 2007 under sub -clause ( iv) of clause ( 23C) of section 10] 5[and every notification issued under sub -section ( 1C) of section 139] 6[or third proviso to sub-section ( 1) of section 153A or second proviso to sub -section ( 1) of section 153C] to be laid as soon as may be after the rule is made or the notification is issued before each House of Parliament while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses a gree that the rule or notification should not be made or issued, that rule or notification shall 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 withou t prejudice |
qualifications relating to cost accountancy shall be recognised for the purposes of entry in the 3[Register of members] . 4[38A. Power of Central Government to make rules .—(1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: — (a) the manner of election and n omination in respect of members to the Council under sub -section (2) of section 9; (b) the terms and conditions of service of the Presiding Officer and Members of the Tribunal, place of meetings and allowances to be paid to them under sub -section ( 5) of se ction 10B; 5[(c) the form and fee for filing an information or a complaint under sub -section ( 1), the manner of deciding a complaint or information as actionable or non -actionable under sub -section ( 2) and the procedure of investigation under sub -section ( 7), of section 21; (d) the procedure while considering the cases by the Board of Discipline under sub -section ( 2) and time limit for payment of fine under sub -section ( 7), of section 21A; (da) the procedure while considering the cases by the Disciplinary C ommittee under sub-section ( 2) and time limit for payment of fine under sub -section ( 7), of section 21B ;] (e) the procedure to be followed by the Board in its meetings under section 29C; and 1. Subs. by Act 7 of 2006, s. 27, for section 36 (w.e.f. 17 -11-2006). 2. Ins. by s. 28, ibid. (w.e.f. 17 -11-2006). 3. Subs. by Act 12 of 2022, s. 69, for “Register” (w.e.f. 10 -5-2022). 4. Ins. by Act 7 of 2006, s. 29 (w.e.f. 17 -11-2006). 5. Subs. by Act 12 of 2022, s. 70, for clauses ( c) and ( d) (w.e.f. 10 -5-2022). (f) the terms and conditions of service of the Chairperson and members of the Board under sub - section ( 1) of section 29D.] 39. |
kg., - 5514 23 00 -- including cross twill, of polyester staple fibres Other woven fabrics of m2 whichever is higher 20% or Rs.114 per kg. - 5514 29 00 -- polyester staple fibres Other woven fabrics m2 whichever is higher 20% or Rs.121 per kg. - 5514 30 - Of yarns of different colours : whichever is higher 5514 30 11 ---- Of polyester staple fibres, m2 20% or Rs. 45 per sq . 5514 30 12 ---- plain weave 3-thread or 4-thread twill, m2 metre, whichever is higher 20% or Rs. 26 per sq. - including cross twill, of polyester staple fibres metre, whichever is higher 5514 30 13 ---- Other woven fabrics of m2 20% or Rs. 180 per kg., - 5514 30 19 ---- polyester staple fibres Other woven fabrics m2 whichever is higher 20% or Rs.31 per sq. - - Printe d : metre, whichever is higher 5514 41 00 -- Of polyester staple fibres, plain weave m2 20% or Rs.26 per sq. metre,whichever is higher - 5514 42 00 -- 3-thread or 4-thread twill, m2 20% or Rs. 140 per kg., - including cross twill, of whichever is higher polyester staple fibres 5514 43 00 -- Other woven fabrics of m2 20% or Rs. 31per sq. - polyester staple fibres metre, whichever is higher SECTION -XI CHAPTER -55 (1) (2) (3) (4) (5) 5514 49 00 -- Other woven fabrics m2 20% or Rs.114 per kg., - whichever is higher 5515 OTHER WOVEN FABRICS OF SYNTHETIC STAPLE FIBRES 5515 11 - -- Of polyester staple fibres : Mixed mainly or solely with 5515 11 10 --- viscos rayon staple fibres : Unbleached m2 20% or Rs.40 per sq. - 5515 11 20 --- metre, whichev er is higher Bleached m2 20% or Rs.40 per sq. - 5515 11 30 --- metre, whichever is higher Dyed m2 20% or Rs.40 per sq. - 5515 11 40 --- metre, whichever is higher Printed m2 20% or Rs.40 per sq. - 5515 11 90 --- metre, whichever is higher Other m2 20% or Rs.40 per sq. - |
agriculture and allied sciences as it may deem fit; (b) to further the advancement of learning and conducting of research in agricultural and allied sciences; (c) to undertake programmes of extension education in Bundelkhand in the districts of the States under its jurisdiction; (d) to promote partnership and li nkages with national and international educational institutions; and (e) to undertake such other activities as it may, from time to time, determine. 6. Powers of the University. —The University shall have the following powers, namely: — (i) to make provisions for instructions in agriculture and allied sciences; (ii) to make provisions for conduct of research in agriculture and allied branches of learning; (iii) to make provisions for dissemination of the findings of research and technical infor mation through extension programmes; (iv) to grant, subject to such conditions as it may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing, on pe rsons, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause; (v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (vi) to provide lectures and instructions for field workers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed by the Statutes ; (vii) to co -operate or collaborate or asso ciate with any other University or authority or institution of higher learning in such manner and for such purpose as the University may determine; (viii) to establish and maintain colleges relating to agriculture, horticulture, fisheries, forestry, veteri nary and animal science, dairying, home -science and allied sciences, as necessary; (ix) to establish and maintain such campuses, special centres, specialised laboratories, libraries, museums or other units for research and institution as are, in its opinion, necessary for the furtherance of its objects; (x) to create teaching, research and extension education posts and to make appointments thereto; (xi) to create administrative, ministerial and other posts and to make appointments thereto; |
of Nagaland until thedissolution of the Legislative Assembly ofthe State of Arunachal Pradesh or theLegislative Assembly of the State ofMeghalaya or the Legislative Assembly ofthe State of Mizoram or the LegislativeAssembly of the State of Nagaland existingat the commencement of this Act. LVIII THE CONSTITUTION (FIFTY-EIGHTH AMENDMENT) ACT, 1987 An Act further to amend the Constitution of India [9th December, 1987] BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Fifty-eighth Amendment) Act, 1987. 2. In Part XXII of the Constitution, in the heading, after the word “COMMENCEMENT”, thewords “AUTHORITATIVE TEXT IN HINDI”shall be inserted. 3. After article 394 of the Constitution, the following article shall be inserted, namely:— “394A. (1) The President shall cause to be published under his authority,— (a) the translation of this Constitution in the Hindi language, signed by themembers of the Constituent Assembly,Short title. Amend- ment of theheading of Part XXII. Insertion of new article394A. Authorita- tive textin the Hindi language. CONSTITUTION AMENDMENT IN INDIA with such modifications as may be necessary to bring it in conformity withthe language, style and terminologyadopted in the authoritative texts ofCentral Acts in the Hindi language, andincorporating therein all the amendmentsof this Constitution made before suchpublication; and (b) the translation in Hindi language of every amendment of this Constitutionmade in the English language. (2) The translation of this Constitution and of every amendment thereofpublished under clause (1) shall beconstrued to have the same meaning asthe original thereof and if any difficultyarises in so construing any part of suchtranslation, the President shall cause thesame to be revised suitably. (3) The translation of this Constitution and of every amendment thereofpublished under this article shall bedeemed to be, for all purposes, theauthoritative text thereof in the Hindilanguage.” LIX THE CONSTITUTION (FIFTY-NINTH AMENDMENT) ACT, 1988 An Act further to amend the Constitution of India [30th March, 1988] BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Fifty-ninth Amendment) Act, 1988.Short title. CONSTITUTION AMENDMENT |
the infirmary the perishable goods contained in the parcels. No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention. Article 126 Provisions appl icable to judicial proceedings. —The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power. CHAPTER X TRANSFE RS OF INTERNEES Article 127 Conditions. —The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of stati on. If as an exceptional measure such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue. The Detaining Power shall supply internees dur ing transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing , adequate shelter and the necessary medical attentions . The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred. Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously d etrimental to them, unless their safety imperatively so demands. If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred. When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes. Article 128 Method. —In |
acts shall entail disciplinary punishments only. No internee may be punished more than once for the same act, or on the same count. Article 118 Penalties. —The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They sh all be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed. Imprisonment in premises without daylight, and, in general, all forms of cruel ty without exception are forbidden. Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees. The duration of preventive detention undergone by an internee shall be deducted from any discipli nary or judicial penalty involving confinement to which he may be sentenced. Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result. Article 119 Disciplinary punishments. —The disciplinary punishments applicable to internees shall be the following: — (1) A fine which shall not exceed 50 per cent. of the wages which the internee would otherwise receive under the provisions if Article 95 during a period of not more than thirty days. (2) Discontinuance of privileges granted over and above the treatment provided for by the present Convention. (3) Fatigue duties, not exceeding two hours daily, In connection with the maintenance of the place of internment. (4) Confinement. In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Accoun t shall be taken of the internee ‟s age, sex and state of health. The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not. Article 120 Escapes. —Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punishment in respect of this act, |
any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indi rectly — (a) give any loan to any person or other body corporate; (b) give any guarantee or provide security in connection with a loan to any other body corporate or person; and (c) acquire by way of subscription, purchase or otherwise, the securities of a ny other body corporate, exceeding sixty per cent. of its paid -up share capital, free reserves and securities premium account or one hundred per cent. of its free reserves and securities premium account, whichever is more. 1[Explanation .—For the purposes o f this sub -section, the word “person ” does not include any individual who is in the employment of the company .] 2[(3) Where the aggregate of the loans and investment so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate along with the investment, loan, guarantee or security proposed to be made or given by the Board, exceed the limits specified under sub -section ( 2), no investment or loan shall be made or guarantee shall be given or security shall be prov ided unless previously authorised by a special resolution passed in a general meeting: Provided that where a loan or guarantee is given or where a security has been provided by a company to its wholly owned subsidiary company or a joint venture company, o r acquisition is made by a holding company, by way of subscription, purchase or otherwise of, the securities of its wholly owned subsidiary company, the requirement of this sub -section shall not apply: Provided further that the company shall disclose the details of such loans or guarantee or security or acquisition in the financial statement as provided under sub -section ( 4).] (4) The company shall disclose to the members in the financial statement the full particulars of the loans given, investment made or guarantee given or security provided and the purpose for which the loan or guarantee or security is proposed to be |
the course of such inquiry, to receive and record evidence. (2) Any evidence recorded under clause ( d) of sub -section ( 1) shall be admissi ble in any subsequent trial before a Magistrate, provided that it has been taken in the presence of the accused person. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs). — Section 72. -For section 72, substitute the following section, namely; 72. Governmen t of Union territory of Jammu and Kashmir may invest Forest officers with certain powers. - (1) The forest officers shall have the following powers, namely: - (a) power to enter upon any land and to survey, demarcate and make a map of the same. (b) the power s of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; (c) power to hold an inquiry into forest offences and in the course of such inquiry, to receive and record evidence; and (d) power to issue searc h warrants under the Code of Criminal Procedure, 1973 (2 of 1974): Provided that powers under clause ( b) and ( c) shall not be exercised by a forest officer below the rank of a Range Officer: Provided further that the powers under clause ( d) shall not be e xercised by a forest officer below the rank of a Divisional Forest Officer. (2) Any evidence recorded under clause ( c) of sub -section ( 1) shall be admissible in any subsequent trial before a Magistrate, if that it has been taken in the presence of the acc used person. (3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an officer of the rank of Forester if the offence is compoundable under section 68 of this Act. [Vide the Jammu and Kashmir Reorganization (Adap tation 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) . ] STATE AMENDMENT Maharasht ra Amendment of section 72. —In section |
Chapter: 9
Section: 119
Section Title: Witness unable to communicate verbally
Description:
A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence;
Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed. |
to that Act or provision as read with section 43 of the Life Insurance Corporation Act, 1956 (31 of 1956). 1. Subs. by Act 14 of 2010, s. 52, for clause (b) (w.e.f. 1 -4-2011). 2. Clause ( i) omitted by Act 66 of 1976, s. 23 (w.e.f. 1 -4-1977). Earlier clause ( i) was amended by Act 20 of 1967, s. 32 (w.e.f. 1 -4-1967). 3. Clause ( iii) omitted by s. 23, ibid. (w.e.f. 1 -4-1977). THE SECOND SCHEDULE PROCEDURE FOR RECOVERY OF TAX 1[[See sections 222 and 276]] PART I __________ GENERAL PROVISIONS 1. Definitions. —In this Schedule, unless the context otherwise requires, — 2[(a) “certificate”, except in rules 7, 44, 65 and sub -rule ( 2) of rule 66, means the certificate drawn up by the Tax Recovery Officer under section 222 in respect of any assessee referred to in that section;] (b) “defaulter” means the assessee mentioned in the certificate; (c) “execution”, in relation to a certificate, means recovery of arrears in pur suance of the certificate; (d) “movable property” includes growing crops; (e) “officer” means a person authorised to make an attachment or sale under this Schedule; (f) “rule” means a rule contained in this Schedule; and (g) “share in a corporation” includ es stock, debenture -stock, debentures or bonds. 2. Issue of notice. —3[When a certificate has been received by the Tax Recovery Officer from the 4[Assessing Officer]] for the recovery of arrears under this Schedule, the Tax Recovery Officer shall cause to b e served upon the defaulter a notice requiring the defaulter to pay the amount specified in the certificate within fifteen days from the date of service of the notice and intimating that in default steps would be taken to realise the amount under this Sche dule. 3. When certificate may be executed. —No step in execution of a certificate shall be taken until the period of fifteen days has elapsed since the date of the service of the notice required by the preceding rule: Provided that, if the Tax Recovery Offi cer is satisfied that the defaulter is likely |
court, but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof. ______________________________________________ 1. Subs. by the Constitution (Thirteenth Amendment) Act, 1962, s. 2, for "TEMPORARY AND TRANSITIONAL PROVISIONS" (w.e.f. 1-12-1963). THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions)231 1[370. Temporary provisions with respect to the State of Jammu and Kashmir.— (1) Notwithstanding anything in this Constitution,— (a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir; (b) the power of Parliament to make laws for the said State shall be limited to— (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and ______________________________________________ In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that, as from the 6thAugust, 2019 all clauses of said article 370 shall cease to be operative except the following which shall read as under, namely:— “370. All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgment, ordinance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under |
5. Subs. by Act 4 of 1988, s. 2, for “Income -tax Officer” (w.e.f. 1 -4-1988). 6. Subs. by Act 28 of 2016, s. 97, for “fifteen lakh rupees” (w.e.f. 1 -6-2016). [C. Reference to High Court 256. Statement of case to the High Court. —(1) The assessee or the 2[Principal Commissioner or Commissioner] may, within sixty days of the date upon which he is served with notice of 3[an order passed before the 1st day of October, 1998, under section 254], by application in the prescribed form, accompanied where the application is made by the assessee by a fee of 4[two hundred rupees], require the Appellate Tribunal to refer to the Hig h Court any question of law arising out of such order and, subject to the other provisions contained in this section, the Appellate Tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and r efer it to the High Court : Provided that the Appellate Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the period hereinbefore specified, allow it to be presented within a furthe r period not exceeding thirty days. (2) If, on an application made under sub -section ( 1), the Appellate Tribunal refuses to state the case on the ground that no question of law arises, the assessee or the 2[Principal Commissioner or Commissioner], as the c ase may be, may, within six months from the date on which he is served with notice of such refusal, apply to the High Court, and the High Court may, if it is not satisfied with the correctness of the decision of the Appellate Tribunal, require the Appellat e Tribunal to state the case and to refer it, and on receipt of any such requisition, the Appellate Tribunal shall state the case and refer it accordingly. 5[(2A) The High Court may admit an application after the expiry of the period of six months referred to in sub -section ( 2), if it is satisfied |
required by the Central Government in the public interest; (e) sums payable as compensation under this Act or under any rules, regulations or bye -laws made thereunder; (f) expenses incurred by 1[2[the Corporation ]] on special measures taken on the outbreak of dangerous diseases. 103. Duty of persons signing cheques .—Before any person signs a cheque in accorda nce with section 101, he shall satisfy himself that the sum for which the cheque is drawn is either — (a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget -grant, or (b) required for any payment r eferred to, or specified in section 102. 104. Procedure when money not covered by a budget -grant is expended .—Whenever any sum is expended under 1[clause ( c), (e) or (f)] of the proviso to section 102 the Commissioner, 2[shall forthwith communicate the cir cumstances to the Standing Committee] 3*** which may take, or recommend to the Corporation to take, such action under the provisions of this Act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expendit ure. 105. Application of Municipal Fund .—(1) The moneys from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act, and of the rules, regulations and bye -laws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act. (2) Such moneys shall likewise be applied in payment of all sums payable out of the Municipal Fund under any other enactment for the time being in force. 106. Temporary payments from the Municipal Fund for works urgently required for the public service .—(1) On the written requisition of a Secretary to the Central Government, 4[the Commissioner] , may at any time undertake the exe cution of any work certified by such Secretary to be urgently required in 1. Subs. by Act 71 of 1971, s. 7( b) and the Second Schedule, |
amount of any tax on building or land imposed in respect of the premises occupied by the tenant: 1. Subs. by Act 57 of 1988 , s. 3, for “seven and one -half per cent.” (w.e.f. 1 -12-1988). 2. Subs. by s. 3, ibid., for “Reasonable ” (w.e.f. 1-12-1988). 3. Proviso omitted by s. 3, ibid., (w.e.f. 1 -12-1988). 4. Proviso omitted by s. 3, ibid., (w.e.f. 1 -12-1988). 5. Ins. by s. 3, ibid. (w.e.f. 1-12-1988 ). 6. Ins. by s. 4, ibid. (w.e.f. 1 -12-1988). 7. Subs . by s. 3, ibid., for “seven and one -half per cent. ” (w.e.f. 1 -12-1988). Provided that nothing in this sub -section shall affect the liability of any tenant under an agreement entered i nto before the 1st day of January, 1952, whether express or implied, to pay from time to time the amount of any such tax as aforesaid. 8. Notice of increase of rent .—(1) Where a landlord wishes to increase the rent of any premises, he shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful under this Act, it shall be due and recoverable only in respect of the period of the tenancy after the expiry of thirty days from the date on which the notice is given. (2) Every notice under sub -section ( 1) shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 106 of the Transfer of Property Act, 1 882 (4 of 1882). 9. Controller to fix standard rent, etc. —(1) The Controller shall, on an appli cation made to him in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any premises — (i) the standard rent referred to in section 6; or (ii) the increase, if any, refer red to in section 7. (2) In fixing the standard rent of any premises of the lawful increase thereof, the Controller shall fix an amount which appears to him to be |
armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action ; and (b) any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of India. 16. Dese rting post and neglect of duty. —Any person subject to this Act, who, — (a) deserts his post ; or (b) sleeps upon his watch; or (c) fails to perform, or negligently pe rforms, the duty imposed on him ; or (d) wilfully conceals any words, practice or design tending to the hindrance of the Coast Guard, shall, on convicti on by a Coast Guard Court, be liable to suffer im prisonment for a term which may extend to two years or such less punishment as is in this Act mentioned . 17. Mutiny.—Any person subject to this Act who commits any of the foll owing offences, that is to say,— (a) begins, incites, causes or conspires with any other person to cause any mutiny in the Coast Guard or in the mili tary, naval or air forces of India or any forces co -operating therewith; or (b) joins in any such mutiny; or (c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or (d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to h is Commanding Offic er or other superior officer ; or (e) endeavours to seduce any person in the Coast Guard or in the military, naval or air forces of India or any forces co -operating therewith from his duty or allegiance to the Union, shall, on conviction by a Coast Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned: Provided that a sentence of death awarded under this section shall not be carried out unless it is confirmed by the Central Government. 18. |
of this Schedule, namely:— (a) no Act of Parliament or of the Legislature of the State shall apply to any such area unless the Governor by public notificationso directs; and the Governor in giving such a direction withrespect to any Act may direct that the Act shall, in its applicationto the area or to any specified part thereof, have effect subjectto such exceptions or modifications as he thinks fit; (b) the Governor may make regulations for the peace and good Government of any such area and any regulations so made mayrepeal or amend any Act of Parliament or of the Legislature ofthe State or any existing law which is for the time beingapplicable to such area. (2) Any direction given by the Governor under clause ( a) of sub-paragraph (1) of this paragraph may be given so as to haveretrospective effect. (3) All regulations made under clause ( b) of sub-paragraph (1) of this paragraph shall be submitted forthwith to the President and, untilassented to by him, shall have no effect. CONSTITUTION AMENDMENT IN INDIA 20. Tribal areas.— (1) The areas specified in Parts A and B of the table below shall be the tribal areas within the State of Assam. (2) The United Khasi-Jaintia Hills District shall comprise the territories which before the commencement of this Constitution wereknown as the Khasi States and the Khasi and Jaintia Hills District,excluding any areas for the time being comprised within the cantonmentand municipality of Shillong, but including so much of the areacomprised within the municipality of Shillong as formed part of theKhasi State of Mylliem: Provided that for the purposes of clauses ( e) and ( f) of sub- paragraph (1) of paragraph 3, paragraph 4, paragraph 5, paragraph 6,sub-paragraph (2), clauses ( a), (b) and ( d) of sub-paragraph (3) and sub-paragraph (4) of paragraph 8 and clause (d) of sub-paragraph (2)of paragraph 10 of this Schedule, no part of the area comprised withinthe municipality of Shillong shall be deemed to be within the District. (3) Any reference in the table below to any District (other than the United Khasi-Jaintia Hills |
—Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the parties to the conflict shall remain bound to fulfill by virtue of the principles of the law of nat ions, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 64 Registration with the United Nations. —The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. It witness whereof the u ndersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this twelfth day of August 1949 in the English and French languages. The original shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. THE SECOND SCHEDULE (See section 2) GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF AUGUST 12, 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention of October 18,1907 for the Adaptation to |
the conditions under which students shall be admitted to the degree or diploma course s and to the examinations of the Institute, and shall be eligible for degrees and diplomas; (d) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and mode of appointment and duties of examining bodies, examiners and moderators; (f) the conduct of examinations; (g) the maintenance of discipline among the students of the Institute; and (h) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. 34. Ordinance how to be made .—(1) Save as otherwise provided in this section, Ordinances shall be made by the Senate. (2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as so on as may be, to the Board and shall be considered by the Board at its next meeting. (3) The Board shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. 35. Tribunal of Arbitration. —(1) (a) Any dispute arising out of a contract between an Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor. (b) The decision of the Tribunal shall be final and shall not be questioned in any court. (c) No suit or proceeding shall lie in any court in respect of any matter, which is required by sub-section ( 1) to be referred to the Tribunal of Arbitration. (d) The Tribunal of Arbitration shall have power to regulate its own procedure: Provided that the Tribunal shall have regard to the principles of natural justice while making such procedure. (e) Nothing in any law for the time being in force |
objects as were applicable before the appointed day and the trustees of such trusts immediately before the appointed day shall, subject to the provisions of the t rust deeds and the rules relating to such trusts, continue to function as trustees in respect of such provident fund of the corresponding unit of the Integral Company or of other transferee company, as the case may be, as if this Act had not been passed: Provided that the right to nominate trustees and other rights relating to the trusts vested in the dissolved company or other comp any in respect of the transferr ed unit, as the case may be, shall vest in the Integral Company or other transferee company, as the case may be. 20. Gratuity, welfare and other funds .—Where any gratuity, welfare or other fund has been established by a dissolved company or any other company in respect of a transferred unit for the benefit of its employees and is in existence immedia tely before the appointed day, all moneys and other assets standing to the credit of or relatable to such gratuity, welfare or other fund shall vest in the correspond ing unit of the Integral Company or other transferee company, as the case may be. CHAPTER V FINANCIAL PROVISIONS 21. Provisions with respect to income -tax and surtax .—(1) The Integral Company shall be liable to pay any sum under the provisions of the Income -tax Act or the Companies (Profits) Surtax Act which any dissolved company would have be en liable to pay if the dissolution had not taken place, in the like manner and to the same extent as the dissolved company. (2) For the purpose of making an assessment of the income or, as the case may be, the chargeable profits of any dissolved company any for the purpose of levying any sum in accordance with the provi sions of sub -section ( 1),— (a) any proceeding taken against any dissolved company before the appointed day shall be deemed to have been taken against the Integral Company and may b e continued against the |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.