Search Results on rules for query: "DM Rules"
Related Section(s)(1) The State Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules shall— (a) prescribe the conditions and restrictions subject to which daily allowance may be drawn; (b) prescribe the conditions under which the rates at which and the journeys for which travelling allowances may be claimed; (c) specify the classes of journeys which shall be deemed to have been undertaken by an officer of the Legislative Assembly in the discharge of his duties; (d) prescribe the conditions under which and the rate at which hospital and free medical attendance and treatment to be afforded to any officer in the discharge of his official duties; (e) prescribe the medical, housing facilities mentioned in section 9; (f) specify the circumstances in which and the extent to which the salary of a member may be deducted; (ff) prescribe the rules for drawing pension and the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act; and (g) lay down such other matters as may be or are required to be prescribed by this Act. (3) Any rule under this Act may be made so as to have retrospective effect from such date, not earlier than the date of commencement of this Act, as the State Government may, by notification in the Official Gazette, appoint. | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, alter any of the provisions contained in any of the Schedules to this Act.
(2) Any alteration notified under sub-section (1) shall have effect as if enacted in the Act and shall come into force on the date of the notification, unless the notification otherwise directs. (3) Every alteration made by the Central Government 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 modification in the alteration, or both Houses agree that the alteration should not be made, the alteration 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 prejudice to the validity of anything previously done in pursuance of that alteration. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)The Central Government may, by notification, direct that any of its
powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation
to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised
or discharged also by a Commissioner.
Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers; (b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers; (c) for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and (d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1 [(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4; (b) the fee and allowances to be paid to the members under sub-section (5) of section 4; (c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9; (d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10; (e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13; (f) the energy consumption norms and standards for designated consumers under clause (g) of section 14; (g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14; (h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14; (i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14; (j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14; (k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14; (l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;; 3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A; (laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;] (m) the matters relating to inspection under sub-section (2) of section 17; (n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22; (o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23; (p) the form in which the accounts of the Bureau shall be maintained under section 25; (q) the manner of holding inquiry under sub-section (1) of section 27; (r) the form and fee for filing appeal under sub-section (2) of section 31; 3* * * * * (v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 28 of 2010, s. 13, for "energy managers" (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023). 3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010). 4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)In this Act, unless the context otherwise requires,--
(1) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf; (2) "accounting standards" means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133; (3) "alter" or "alteration" includes the making of additions, omissions and substitutions; (4) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410; (5) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act; (6) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company. 1[Explanation.-- For the purpose of this clause,-- (a) the expression "significant influence" means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement; (b) the expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;] (7) "auditing standards" means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143; (8) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company; (9) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10) "Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company; (11) "body corporate" or "corporation" includes a company incorporated outside India, but does not include-- (i) a co-operative society registered under any law relating to co-operative societies; and (ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf; (12) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form; (13) "books of account" includes records maintained in respect of-- (i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place; (ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and (iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section; (14) "branch office", in relation to a company, means any establishment described as such by the company; (15) "called-up capital" means such part of the capital, which has been called for payment; (16) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage; (17) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act; (18) "Chief Executive Officer" means an officer of a company, who has been designated as such by it; (19) "Chief Financial Officer" means a person appointed as the Chief Financial Officer of a company; (20) "company" means a company incorporated under this Act or under any previous company law; (21) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; (22) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them; 2[(23) "Company Liquidator" means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;] (24) "company secretary" or "secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act; (25) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (26) "contributory" means a person liable to contribute towards the assets of the company in the event of its being wound up. Explanation.--For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory; (27) "control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner; 3[(28) "Cost Accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;] (29) "court" means-- (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii); (ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district; (iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law; (iv) the Special Court established under section 435; (v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law; (30) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not: 4[Provided that-- (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company, shall not be treated as debenture;] (31) "deposit" includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India; (32) "depository" means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); (33) "derivative" means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (34) "director" means a director appointed to the Board of a company; (35) "dividend" includes any interim dividend; (36) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form; (37) "employees stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price; (38) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force; (39) "financial institution" includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934 (2 of 1934); (40) "financial statement" in relation to a company, includes-- (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up: 5[Provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year: Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement;] 6[Provided also that] a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; (42) "foreign company" means any company or body corporate incorporated outside India which-- (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner; (43) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that-- (i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or (ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves; (44) "Global Depository Receipt" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts; (45) "Government company" means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company; (46) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies; 7[Explanation.-- For the purposes of this clause, the expression "company" includes any body corporate;] (47) "independent director" means an independent director referred to in sub-section (6) of section 149; (48) "Indian Depository Receipt" means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts; 8* * * * * (50) "issued capital" means such capital as the company issues from time to time for subscription; (51) "key managerial personnel", in relation to a company, means-- (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; 9*** 10[(v) such other officer, not more than one level below the directors who is in whole-time employment, designated as key managerial personnel by the Board; and (vi) such other officer as may be prescribed;] (52) "listed company" means a company which has any of its securities listed on any recognised stock exchange; 11 [Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies.] (53) "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not; (54) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of managing director, by whatever name called. Explanation.--For the purposes of this clause, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management; (55) "member", in relation to a company, means-- (i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members; (ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company; (iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository; (56) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; (57) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits 12[, securities premium account and debit or credit balance of profit and loss account,] after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; (58) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (59) "officer" includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity; (vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance; (vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; (61) "Official Liquidator" means an Official Liquidator appointed under sub-section (1) of section 59; (62) "One Person Company" means a company which has only one person as a member; (63) "ordinary or special resolution" means an ordinary resolution, or as the case may be, special resolution referred to in section 114; (64) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called; (65) "postal ballot" means voting by post or through any electronic mode; (66) "prescribed" means prescribed by rules made under this Act; (67)"previous company law" means any of the laws specified below:-- (i) Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866); (ii) the Indian Companies Act, 1866 (10 of 1866); (iii) the Indian Companies Act, 1882 (6 of 1882); (iv) the Indian Companies Act, 1913 (7 of 1913); (v) the Registration of Transferred Companies Ordinance, 1942 (Ord. 54 of 1942); (vi) the Companies Act, 1956 (1 of 1956); and (vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force-- (A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (B) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968), in so far as other corporations are concerned; (viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and (ix) the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961); (68) "private company" means a company having a minimum paid-up share capital 13*** as may be prescribed, and which by its articles,-- (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member: Provided further that-- (A) persons who are in the employment of the company; and (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and (iii) prohibits any invitation to the public to subscribe for any securities of the company; (69) "promoter" means a person-- (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or in directly whether as a share holder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity; (70) "prospectus" means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate; (71)"public company" means a company which-- (a) is not a private company; 14[and] (b) has a minimum paid-up share capital 15*** as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ; (72) "public financial institution" means-- (i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India: Provided that no institution shall be so notified unless-- (A) it has been established or constituted by or under any Central or State Act 16[other than this Act or the previous company law]; or (B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments; (73) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (74) "register of companies" means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act; (75) "Registrar" means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act; (76) "related party", with reference to a company, means-- (i) a director or his relative; (ii) a key managerial personnel or his relative; (iii) a firm, in which a director, manager or his relative is a partner; (iv) a private company in which a director or manager 16[or his relative] is a member or director; (v) a public company in which a director or manager is a director 17[and holds] along with his relatives, more than two per cent. of its paid-up share capital; (vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; (vii) any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; 18[(viii) any body corporate which is-- (A) a holding, subsidiary or an associate company of such company; (B) a subsidiary of a holding company to which it is also a subsidiary; or (C) an investing company or the venturer of the company. Explanation.-- For the purpose of this clause, "the investing company or the venturer of a company" means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate]; (ix) such other person as may be prescribed; (77) "relative", with reference to any person, means any one who is related to another, if-- (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed; (78) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961 (43 of 1961); (79) "Schedule" means a Schedule annexed to this Act; (80) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (81) "securities" means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (82) "Securities and Exchange Board" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (83) "Serious Fraud Investigation Office" means the office referred to in section 211; (84) "share" means a share in the share capital of a company and includes stock; (85) "small company" means a company, other than a public company,-- (i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 19[ten crore rupees]; 20[and] (ii) turnover of which 21[as per profit and loss account for the immediately preceding financial year] does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 25[one hundred crore rupees]: Provided that nothing in this clause shall apply to-- (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act; (86) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company; (87) "subsidiary company" or "subsidiary", in relation to any other company (that is to say the holding company), means a company in which the holding company-- (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the 23[total voting power] either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed. Explanation.--For the purposes of this clause,-- (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company's Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression company includes any body corporate; (d) "layer" in relation to a holding company means its subsidiary or subsidiaries; (88) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; (89) "total voting power", in relation to any matter, means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof or their proxies having a right to vote on that matter are present at the meeting and cast their votes; (90) "Tribunal" means the National Company Law Tribunal constituted under section 408; 24[(91) turnover means gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;] (92) "unlimited company" means a company not having any limit on the liability of its members; (93) "voting right" means the right of a member of a company to vote in any meeting of the company or by means of postal ballot; (94) "whole-time director" includes a director in the whole-time employment of the company; 25[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as applicable;] (95) words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts.
1. The Explanation subs. by Act 1 of 2018, s. 2 (w.e.f. 7-5-2018).
2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause (23) (w.e.f. 15-11-2016). 3. Subs. by Act 1 of 2018, s. 2, for clause (28) (w.e.f. 9-2-2018). 4. The Proviso ins. by s. 2, ibid. (w.e.f. 9-2-2018). 5. The proviso subs. by Act 22 of 2019, s. 2 (w.e.f. 2-11-2018). 6. Subs. by s. 2, ibid., for Provided further that (w.e.f. 2-11-2018). 7. The Explanation ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 8. Clause (49) omitted by s. 2, ibid. (w.e.f. 9-2-2018). 9. The word and omitted by s. 2, ibid. (w.e.f. 9-2-2018). 10. Subs. by s. 2, ibid., for sub-clause (v) (w.e.f. 9-2-2018). 11. The Proviso ins. by Act 29 of 2020, s. 2 (w.e.f. 22-1-2021). 12. Subs. by Act 1 of 2018, s. 2, for and securities premium account (w.e.f. 9-2-2018). 13. The words of one lakh rupees or such higher paid-up share capital omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 14. Ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 15. The words of five lakh rupees or such higher paid-up capital, omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 16. Ins. by S.O. 1894 (E), dated 24th July, 2014. 17. Subs. by S.O. 1820 (E), dated 9th July, 2014 for or holds . 18. Subs. by Act 1 of 2018, s. 2, for sub-clause (viii) (w.e.f. 9-2-2018). 19. Subs. by Act 1 of 2018, s. 2, for five crore rupees (w.e.f. 9-2-2018). 20. Subs. by notification No. S.O. 504(E), dated 13th February, 2015, for word or (w.e.f. 13-2-2015). 21. Subs. by Act 1 of 2018, s. 2, for as per its last profit and loss account (w.e.f. 9-2-2018). 22. Subs. by s. 2, ibid., for twenty crore rupees (w.e.f. 9-2-2018). 23. Subs. by s. 2, ibid., for total share capital (w.e.f. 7-5-2018). 24. Subs. by Act 1 of 2018, s. 2, for clause (91) (w.e.f. 9-2-2018). 25. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. Where a prospectus, issued, circulated or distributed under this Chapter, includes any statement which is untrue or misleading in form or context in which it is included or where any inclusion or omission of any matter is likely to mislead, every person who authorises the issue of such prospectus shall be liable under section 447:
Provided that nothing in this section shall apply to a person if he proves that such statement or omission was immaterial or that he had reasonable grounds to believe, and did up to the time of issue of the prospectus believe, that the statement was true or the inclusion or omission was necessary. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) Notwithstanding anything
contained in section 73, a public company, having such net worth or turnover as may be prescribed, may
accept deposits from persons other than its members subject to compliance with the requirements
provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in
consultation with the Reserve Bank of India, prescribe:
Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. (2) A company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on such terms and conditions, including the provision of security, if any, or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:-- (a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed; (b) filing a copy of the circular along with such statement with the Registrar within thirty days before the date of issue of the circular; 1[(c) depositing, on or before the thirtieth day of April each year, such sum which shall not be less than twenty per cent. of the amount of its deposits maturing during the following financial year and kept in a scheduled bank in a separate bank account to be called deposit repayment reserve account;] 2* * * * * (e) certifying that the company has not committed any default in the repayment of deposits accepted either before or after the commencement of this Act or payment of interest on, 3[such deposits and where a default had occurred, the company made good the default and a period of five years had lapsed since the date of making good the default;] and (f) providing security, if any for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the property or assets of the company: Provided that in case where a company does not secure the deposits or secures such deposits partially, then, the deposits shall be termed as unsecured deposits and shall be so quoted in every circular, form, advertisement or in any document related to invitation or acceptance of deposits. (3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section. (4) Where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the Tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the Tribunal may deem fit. (5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used by the company for any purpose other than repayment of deposits.
1. Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).
2. Clause (d) omitted by s. 15, ibid. (w.e.f. 15-8-2018). 3. Subs. by s. 15,ibid., for "such deposits;" (w.e.f. 15-8-2018) | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)Every individual intending to
be appointed as director of a company shall make an application for allotment of Director Identification
Number to the Central Government in such form and manner and along with such fees as may be
prescribed:
1[Provided that the Central Government may prescribe any identification number which shall be treated as Director Identification Number for the purposes of this Act and in case any individual holds or acquires such identification number, the requirement of this section shall not apply or apply in such manner as may be prescribed.]
1. The proviso ins. by Act 1 of 2018, s. 48 (w.e.f. 9-2-2018).
(1) Where no provision is made in the articles of a company for
the appointment of the first director, the subscribers to the memorandum who are individuals shall be
deemed to be the first directors of the company until the directors are duly appointed and in case of a One
Person Company an individual being member shall be deemed to be its first director until the director or
directors are duly appointed by the member in accordance with the provisions of this section.
(2) Save as otherwise expressly provided in this Act, every director shall be appointed by the company in general meeting. (3) No person shall be appointed as a director of a company unless he has been allotted the Director Identification Number under section 154 1[or any other number as may be prescribed under section 153]. (4) Every person proposed to be appointed as a director by the company in general meeting or otherwise, shall furnish his Director Identification Number 1[or such other number as may be prescribed under section 153] and a declaration that he is not disqualified to become a director under this Act. (5) A person appointed as a director shall not act as a director unless he gives his consent to hold the office as director and such consent has been filed with the Registrar within thirty days of his appointment in such manner as may be prescribed: Provided that in the case of appointment of an independent director in the general meeting, an explanatory statement for such appointment, annexed to the notice for the general meeting, shall include a statement that in the opinion of the Board, he fulfils the conditions specified in this Act for such an appointment. (6) (a) Unless the articles provide for the retirement of all directors at every annual general meeting, not less than two-thirds of the total number of directors of a public company shall-- (i) be persons whose period of office is liable to determination by retirement of directors by rotation; and (ii) save as otherwise expressly provided in this Act, be appointed by the company in general meeting. (b) The remaining directors in the case of any such company shall, in default of, and subject to any regulations in the articles of the company, also be appointed by the company in general meeting. (c) At the first annual general meeting of a public company held next after the date of the general meeting at which the first directors are appointed in accordance with clauses (a) and (b) and at every subsequent annual general meeting, one-third of such of the directors for the time being as are liable to retire by rotation, or if their number is neither three nor a multiple of three, then, the number nearest to one-third, shall retire from office. (d) The directors to retire by rotation at every annual general meeting shall be those who have been longest in office since their last appointment, but as between persons who became directors on the same day, those who are to retire shall, in default of and subject to any agreement among themselves, be determined by lot. (e) At the annual general meeting at which a director retires as aforesaid, the company may fill up the vacancy by appointing the retiring director or some other person thereto. Explanation.-- For the purposes of this sub-section, "total number of directors" shall not include independent directors, whether appointed under this Act or any other law for the time being in force, on the Board of a company. (7) (a) If the vacancy of the retiring director is not so filled-up and the meeting has not expressly resolved not to fill the vacancy, the meeting shall stand adjourned till the same day in the next week, at the same time and place, or if that day is a national holiday, till the next succeeding day which is not a holiday, at the same time and place. (b) If at the adjourned meeting also, the vacancy of the retiring director is not filled up and that meeting also has not expressly resolved not to fill the vacancy, the retiring director shall be deemed to have been re-appointed at the adjourned meeting, unless-- (i) at that meeting or at the previous meeting a resolution for the re-appointment of such director has been put to the meeting and lost; (ii) the retiring director has, by a notice in writing addressed to the company or its Board of directors, expressed his unwillingness to be so re-appointed; (iii) he is not qualified or is disqualified for appointment; (iv) a resolution, whether special or ordinary, is required for his appointment or re-appointment by virtue of any provisions of this Act; or (v) section 162 is applicable to the case. Explanation.--For the purposes of this section and section 160, the expression "retiring director" means a director retiring by rotation.
1. Ins. by Act 1 of 2018, s. 47 (w.e.f. 9-2-2018).
A listed company may have one
director elected by such small shareholders in such manner and with such terms and conditions as may be
prescribed.
Explanation.-- For the purposes of this section "small shareholders" means a shareholder holding shares of nominal value of not more than twenty thousand rupees or such other sum as may be prescribed. (1) Subject to the provisions contained in sub-section (6) of section 149, an independent
director may be selected from a data bank containing names, addresses and qualifications of persons who
are eligible and willing to act as independent directors, maintained by any body, institute or association,
as may by notified by the Central Government, having expertise in creation and maintenance of such data
bank and put on their website for the use by the company making the appointment of such directors:
Provided that responsibility of exercising due diligence before selecting a person from the data bank referred to above, as an independent director shall lie with the company making such appointment. (2) The appointment of independent director shall be approved by the company in general meeting as provided in sub-section (2) of section 152 and the explanatory statement annexed to the notice of the general meeting called to consider the said appointment shall indicate the justification for choosing the appointee for appointment as independent director. (3) The data bank referred to in sub-section (1), shall create and maintain data of persons willing to act as independent director in accordance with such rules as may be prescribed. (4) The Central Government may prescribe the manner and procedure of selection of independent directors who fulfil the qualifications and requirements specified under section 149. The Central Government shall, within one
month from the receipt of the application under section 153, allot a Director Identification Number to an
applicant in such manner as may be prescribed.
(1) Every company shall have a Board of Directors
consisting of individuals as directors and shall have--
(a) a minimum number of three directors in the case of a public company, two directors in the case of a private company, and one director in the case of a One Person Company; and (b) a maximum of fifteen directors: Provided that a company may appoint more than fifteen directors after passing a special resolution: Provided further that such class or classes of companies as may be prescribed, shall have at least one woman director. (2) Every company existing on or before the date of commencement of this Act shall within one year from such commencement comply with the requirements of the provisions of sub-section (1). 1[(3) Every company shall have at least one director who stays in India for a total period of not less than one hundred and eighty-two days during the financial year: Provided that in case of a newly incorporated company the requirement under this sub-section shall apply proportionately at the end of the financial year in which it is incorporated]; (4) Every listed public company shall have at least one-third of the total number of directors as independent directors and the Central Government may prescribe the minimum number of independent directors in case of any class or classes of public companies. Explanation.-- For the purposes of this sub-section, any fraction contained in such one-third number shall be rounded off as one. (5) Every company existing on or before the date of commencement of this Act shall, within one year from such commencement or from the date of notification of the rules in this regard as may be applicable, comply with the requirements of the provisions of sub-section (4). (6) An independent director in relation to a company, means a director other than a managing director-- or a whole-time director or a nominee director, (a) who, in the opinion of the Board, is a person of integrity and possesses relevant expertise and experience; (b) (i) who is or was not a promoter of the company or its holding, subsidiary or associate company; (ii) who is not related to promoters or directors in the company, its holding, subsidiary or associate company; (c) who has or had no 2[pecuniary relationship, other than remuneration as such director or having transaction not exceeding ten per cent. of his total income or such amount as may be prescribed,] with the company, its holding, subsidiary or associate company, or their promoters, or directors, during the two immediately preceding financial years or during the current financial year; 3[(d) none of whose relatives-- (i) is holding any security of or interest in the company, its holding, subsidiary or associate company during the two immediately preceding financial years or during the current financial year: Provided that the relative may hold security or interest in the company of face value not exceeding fifty lakh rupees or two per cent. of the paid-up capital of the company, its holding, subsidiary or associate company or such higher sum as may be prescribed; (ii) is indebted to the company, its holding, subsidiary or associate company or their promoters, or directors, in excess of such amount as may be prescribed during the two immediately preceding financial years or during the current financial year; (iii) has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, its holding, subsidiary or associate company or their promoters, or directors of such holding company, for such amount as may be prescribed during the two immediately preceding financial years or during the current financial year; or (iv) has any other pecuniary transaction or relationship with the company, or its subsidiary, or its holding or associate company amounting to two per cent. or more of its gross turnover or total income singly or in combination with the transactions referred to in sub-clause (i), (ii) or (iii);] (e) who, neither himself nor any of his relatives (i) holds or has held the position of a key managerial personnel or is or has been employee of the company or its holding, subsidiary or associate company in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed; 4[Provided that in case of a relative who is an employee, the restriction under this clause shall not apply for his employment during preceding three financial years.] (ii) is or has been an employee or proprietor or a partner, in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed, of (A) a firm of auditors or company secretaries in practice or cost auditors of the company or its holding, subsidiary or associate company; or (B) any legal or a consulting firm that has or had any transaction with the company, its holding, subsidiary or associate company amounting to ten per cent. or more of the gross turnover of such firm; (iii) holds together with his relatives two per cent. or more of the total voting power of the company; or (iv) is a Chief Executive or director, by whatever name called, of any nonprofit organisation that receives twenty-five per cent. or more of its receipts from the company, any of its promoters, directors or its holding, subsidiary or associate company or that holds two per cent. or more of the total voting power of the company; or (f) who possesses such other qualifications as may be prescribed. (7) Every independent director shall at the first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year or whenever there is any change in the circumstances which may affect his status as an independent director, give a declaration that he meets the criteria of independence as provided in sub-section (6). Explanation.-- For the purposes of this section, nominee director means a director nominated by any financial institution in pursuance of the provisions of any law for the time being in force, or of any agreement, or appointed by any Government, or any other person to represent its interests. (8) The company and independent directors shall abide by the provisions specified in Schedule IV. (9) Notwithstanding anything contained in any other provision of this Act, but subject to the provisions of sections 197 and 198, an independent director shall not be entitled to any stock option and may receive remuneration by way of fee provided under sub-section (5) of section 197, reimbursement of expenses for participation in the Board and other meetings and profit related commission as may be approved by the members. 5[Provided that if a company has no profits or its profits are inadequate, an independent director may receive remuneration, exclusive of any fees payable under sub-section (5) of section 197, in accordance with the provisions of Schedule V.] (10) Subject to the provisions of section 152, an independent director shall hold office for a term up to five consecutive years on the Board of a company, but shall be eligible for reappointment on passing of a special resolution by the company and disclosure of such appointment in the Board's report. (11) Notwithstanding anything contained in sub-section (10), no independent director shall hold office for more than two consecutive terms, but such independent director shall be eligible for appointment after the expiration of three years of ceasing to become an independent director: Provided that an independent director shall not, during the said period of three years, be appointed in or be associated with the company in any other capacity, either directly or indirectly. Explanation.-- For the purposes of sub-sections (10) and (11), any tenure of an independent director on the date of commencement of this Act shall not be counted as a term under those sub-sections. (12) Notwithstanding anything contained in this Act,-- (i) an independent director; (ii) a non-executive director not being promoter or key managerial personnel, shall be held liable, only in respect of such acts of omission or commission by a company which had occurred with his knowledge, attributable through Board processes, and with his consent or connivance or where he had not acted diligently. (13) The provisions of sub-sections (6) and (7) of section 152 in respect of retirement of directors by rotation shall not be applicable to appointment of independent directors.
1. Subs. by Act 1 of 2018, s. 46, for sub-section (3) (w.e.f. 7-5-2018).
2. Subs. by 46, ibid., for "pecuniary relationship" (w.e.f. 7-5-2018). 3. Subs. by s. 46, ibid., for Clause (d) (w.e.f. 7-5-2018). 4. The proviso ins. by Act 1 of 2018, s. 46 (w.e.f. 7-5-2018). 5. Ins. by Act 29 of 2020, s. 32 (w.e.f. 18-3-2021). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)Where any law provides that any
rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette,
then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye-law,
notification or any other matter is published in the Official Gazette or Electronic Gazette:
Provided that where any rule, regulation, order, by-law, notification or any other matter is published in the Official Gazette or Electronic Gazette, the date of publication shall be deemed to be the date of the Gazette which was first published in any form. (1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). (1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). Where any security procedure has been applied to an electronic
record at a specific point of time, then such record shall he deemed to be a secure electronic record from
such point of time to the time of verification.
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-- (a) the number of members of the Board under sub-section (3) of section 3; (b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3; (c) the powers and duties of the Chairman under sub-section (6) of section 3; (d) the powers and functions of the Vice-Chairman under sub-section (7) of section 3; (e) the constitution of committees under section 5; (f) the terms and conditions for giving licences to manufacturers of spices for export under clause (viii) of sub-section (1) of section 7; (g) the form and manner in which and the time at which the registered owner may furnish returns to the Board under section 10; (h) the form of the application and the fees under sub-section (1) of section 12; (i) the period of limitation for appeal under sub-section (1) of section 14; (j) the form of appeal and the fees payable under sub-section (3) of section 14; (k) the procedure for disposal of appeal under sub-section (4) of section 14; (l) the form in which, and the time at which, the Board shall prepare its budget under section 22 and its annual report under section 23; (m) the manner in which the accounts of the Board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the Central Government under section 24; 1[(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A; (mb) the form and manner of preferring appeal under sub-section (2) of section 30A;] (n) the conditions and the restrictions with respect to the exercise of the power to enter under section 37; (o) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 09-08-2024)
(1) The Board may appoint the Secretary and such other officers
and employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The terms and conditions of service of the Secretary and other officers and employees of the Board shall be such as may be determined by regulations. (1) The Central Government shall, by
notification in the Official Gazette, constitute, for the purposes of this Act, a Board, to be called the
Spices Board.
(2) The Board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue and be sued. (3) The Board shall consist of such number of members, not exceeding thirty-two, as may be prescribed, and unless the rules made in this behalf otherwise provide, the Board shall consist of the following members, namely:-- (a) a Chairman; (b) three Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States; (c) three members to represent respectively the Ministries of the Central Government dealing with-- (i) Commerce; (ii) Agriculture; and (iii) Finance; (d) six members to represent the growers of spices; (e) eleven members to represent the exporters of spices; (f) three members to represent major spice producing States; (g) five members, one each to represent-- (i) the Directorate of Cocoa, Arecanut and Spices Development, Calicut; (ii) the Indian Institute of Packaging, Bombay; (iii) the Central Food Technological and Research Institute, Mysore; (iv) the Regional Research Laboratory, Trivandrum; and (v) the Central Plantation Crops Research Institute, Kasargode. (4) The office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. (5) The term of office of the members and other conditions of service of the members shall be such as may be prescribed. (6) The Chairman shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed. (7) The Board shall elect from among its members a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. (8) No act or proceeding of the Board shall be invalidated merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Board; (b) any defect in the appointment of a person acting as a member of the Board; (c) any irregularity in the procedure of the Board not affecting the merits of the case. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the term of office and other conditions of service of the members; (b) the powers and duties of the Chairman and of the members; (c) the terms and conditions subject to which the non-recurring expenditure incurred by or for the Central Government for or in connection with the purposes of any national highway shall be treated as capital provided by the Central Government to the Authority under clause (b) of sub-section (1) of section 12; (d) the value or amount required to be prescribed under sub-section (1) of section 15; 1 [(dd) the terms and conditions subject to which the functions of the Authority may be entrusted to any person under clause (h) of sub-section (2) of section 16;] (e) the form in which and the time within which the Authority shall prepare its budget under section 19 and its annual report under section 22; (f) the manner in which the Authority may invest its funds under section 20; (g) the manner in which the accounts of the Authority shall be maintained and audited and the date before which the audited copy of the accounts together with the auditor's report thereon shall be furnished to the Central Government under section 23; (h) the conditions and restrictions with respect to the exercise of the power to enter under section 30 and the matters referred to in clause (f) of that section; and (i) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 16 of 1997, s. 9 (w.e.f. 24-1-1997).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes 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) specify 1[the type of projects] in respect of which the funds may be disbursed under section 7; (b) the manner in which the accounts shall be maintained and the annual statement of accounts may be prepared including the profit and loss account and the balance-sheet under sub-section (1) of section 8; (c) the manner in which the schemes for development and maintenance of State roads of interState and economic importance are to be formulated and sanctioned under section 10 2***; (d) any other matter for which rule is to be made, or may be, prescribed.
1. Subs. by Act 13 of 2018, s. 206 for "the projects" (w.e.f. 1-4-2018)
2. The words and figures "under section 10" omitted by s. 206, ibid. (w.e.f. 1-4-2018). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1[1. Short title, extent and commencement.--(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends,-- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* * * * * (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date3 as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.]
1. Subs. by Act 19 of 1986, s. 2, for "any corporation owned or controlled by the Government" (w.e.f. 22-1-1986).
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3.1st July, 1985, vide notification No. G.S.R. 527(E), dated by 1st July, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(i). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s) (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No resolution shall be deemed to have been duly
passed by the Board or by a committee thereof by circulation, unless the resolution has been circulated in
draft, together with the necessary papers, if any, to all the directors, or members of the committee, as the
case may be, at their addresses registered with the company in India by hand delivery or by post or by
courier, or through such electronic means as may be prescribed and has been approved by a majority of
the directors or members, who are entitled to vote on the resolution:
Provided that, where not less than one-third of the total number of directors of the company for the time being require that any resolution under circulation must be decided at a meeting, the chairperson shall put the resolution to be decided at a meeting of the Board. (2) A resolution under sub-section (1) shall be noted at a subsequent meeting of the Board or the committee thereof, as the case may be, and made part of the minutes of such meeting. (1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) The Board of Directors of a company shall be entitled to exercise all
such powers, and to do all such acts and things, as the company is authorised to exercise and do:
Provided that in exercising such power or doing such act or thing, the Board shall be subject to the provisions contained in that behalf in this Act, or in the memorandum or articles, or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting: Provided further that the Board shall not exercise any power or do any act or thing which is directed or required, whether under this Act or by the memorandum or articles of the company or otherwise, to be exercised or done by the company in general meeting. (2) No regulation made by the company in general meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made. (3) The Board of Directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the Board, namely:-- (a) to make calls on shareholders in respect of money unpaid on their shares; (b) to authorise buy-back of securities under section 68; (c) to issue securities, including debentures, whether in or outside India; (d) to borrow monies; (e) to invest the funds of the company; (f) to grant loans or give guarantee or provide security in respect of loans; (g) to approve financial statement and the Boards report; (h) to diversify the business of the company; (i) to approve amalgamation, merger or reconstruction; (j) to take over a company or acquire a controlling or substantial stake in another company; (k) any other matter which may be prescribed: Provided that the Board may, by a resolution passed at a meeting, delegate to any committee of directors, the managing director, the manager or any other principal officer of the company or in the case of a branch office of the company, the principal officer of the branch office, the powers specified in clauses (d) to (f) on such conditions as it may specify: Provided further that the acceptance by a banking company in the ordinary course of its business of deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise, or the placing of monies on deposit by a banking company with another banking company on such conditions as the Board may prescribe, shall not be deemed to be a borrowing of monies or, as the case may be, a making of loans by a banking company within the meaning of this section. Explanation I.--Nothing in clause (d) shall apply to borrowings by a banking company from other banking companies or from the Reserve Bank of India, the State Bank of India or any other banks established by or under any Act. Explanation II.--In respect of dealings between a company and its bankers, the exercise by the company of the power specified in clause (d) shall mean the arrangement made by the company with its bankers for the borrowing of money by way of overdraft or cash credit or otherwise and not the actual day-to-day operation on overdraft, cash credit or other accounts by means of which the arrangement so made is actually availed of. (4) Nothing in this section shall be deemed to affect the right of the company in general meeting to impose restrictions and conditions on the exercise by the Board of any of the powers specified in this section. (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). 1[185. Loans to directors, etc.-- (1) No company shall, directly or indirectly, advance any loan,
including any loan represented by a book debt to, or give any guarantee or provide any security in
connection with any loan taken by,--
(a) any director of company, or of a company which is its holding company or any partner or relative of any such director; or (b) any firm in which any such director or relative is a partner. (2) A company may advance any loan including any loan represented by a book debt, or give any guarantee or provide any security in connection with any loan taken by any person in whom any of the director of the company is interested, subject to the condition that-- (a) a special resolution is passed by the company in general meeting: Provided that the explanatory statement to the notice for the relevant general meeting shall disclose the full particulars of the loans given, or guarantee given or security provided and the purpose for which the loan or guarantee or security is proposed to be utilised by the recipient of the loan or guarantee or security and any other relevant fact; and (b) the loans are utilised by the borrowing company for its principal business activities. Explanation.-- For the purposes of this sub-section, the expression "any person in whom any of the director of the company is interested" means-- (a) any private company of which any such director is a director or member; (b) any body corporate at a general meeting of which not less than twenty-five per cent. of the total voting power may be exercised or controlled by any such director, or by two or more such directors, together; or (c) any body corporate, the Board of directors, managing director or manager, whereof is accustomed to act in accordance with the directions or instructions of the Board, or of any director or directors, of the lending company. (3) Nothing contained in sub-sections (1) and (2) shall apply to-- (a) the giving of any loan to a managing or whole-time director-- (i) as a part of the conditions of service extended by the company to all its employees; or (ii) pursuant to any scheme approved by the members by a special resolution; or (b) a company which in the ordinary course of its business provides loans or gives guarantees or securities for the due repayment of any loan and in respect of such loans an interest is charged at a rate not less than the rate of prevailing yield of one year, three years, five years or ten years Government security closest to the tenor of the loan; or (c) any loan made by a holding company to its wholly owned subsidiary company or any guarantee given or security provided by a holding company in respect of any loan made to its wholly owned subsidiary company; or (d) any guarantee given or security provided by a holding company in respect of loan made by any bank or financial institution to its subsidiary company: Provided that the loans made under clauses (c) and (d) are utilised by the subsidiary company for its principal business activities. (4) If any loan is advanced or a guarantee or security is given or provided or utilised in contravention of the provisions of this section,-- (i) the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; (ii) every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; and (iii) the director or the other person to whom any loan is advanced or guarantee or security is given or provided in connection with any loan taken by him or the other person, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees, or with both.]
1. Subs. by s. 61, ibid., for section 185 (w.e.f. 7-5-2018).
(1) No director of a company shall, in connection with--
(a) the transfer of the whole or any part of any undertaking or property of the company; or (b) the transfer to any person of all or any of the shares in a company being a transfer resulting from-- (i) an offer made to the general body of shareholders; (ii) an offer made by or on behalf of some other body corporate with a view to a company becoming a subsidiary company of such body corporate or a subsidiary company of its holding company; (iii) an offer made by or on behalf of an individual with a view to his obtaining the right to exercise, or control the exercise of, not less than one-third of the total voting power at any general meeting of the company; or (iv) any other offer which is conditional on acceptance to a given extent, receive any payment by way of compensation for loss of office or as consideration for retirement from office, or in connection with such loss or retirement from such company or from the transferee of such undertaking or property, or from the transferees of shares or from any other person, not being such company, unless particulars as may be prescribed with respect to the payment proposed to be made by such transferee or person, including the amount thereof, have been disclosed to the members of the company and the proposal has been approved by the company in general meeting. (2) Nothing in sub-section (1) shall affect any payment made by a company to a managing director or whole-time director or manager of the company by way of compensation for loss of office or as consideration for retirement from office or in connection with such loss or retirement subject to limits or priorities, as may be prescribed. (3) If the payment under sub-section (1) or sub-section (2) is not approved for want of quorum either in a meeting or an adjourned meeting, the proposal shall not be deemed to have been approved. (4) Where a director of a company receives payment of any amount in contravention of sub-section (1) or the proposed payment is made before it is approved in the meeting, the amount so received by the director shall be deemed to have been received by him in trust for the company. 1[(5) If a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees.] (6) Nothing in this section shall be taken to prejudice the operation of any law requiring disclosure to be made with respect to any payment received under this section or such other like payments made to a director.
1. Subs. by Act 22 of 2019, s. 28, for sub-section (5) (w.e.f. 2-11-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). (1) Every director shall at the first meeting of the Board in
which he participates as a director and thereafter at the first meeting of the Board in every financial year
or whenever there is any change in the disclosures already made, then at the first Board meeting held after
such change, disclose his concern or interest in any company or companies or bodies corporate, firms, or
other association of individuals which shall include the shareholding, in such manner as may be
prescribed.
(2) Every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into-- (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, Chief Executive Officer of that body corporate; or (b) with a firm or other entity in which, such director is a partner, owner or member, as the case may be, shall disclose the nature of his concern or interest at the meeting of the Board in which the contract or arrangement is discussed and shall not participate in such meeting: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the company without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, directly or indirectly, in the contract or arrangement, shall be voidable at the option of the company. (4) If a director of the company contravenes the provisions of sub-section (1) or sub-section (2), such director shall be 1 [liable to a penalty of one lakh rupees].br (5) Nothing in this section-- (a) shall be taken to prejudice the operation of any rule of law restricting a director of a company from having any concern or interest in any contract or arrangement with the company; 2[(b) shall apply to any contract or arrangement entered into or to be entered into between two companies or between one or more companies and one or more bodies corporate where any of the directors of the one company or body corporate or two or more of them together holds or hold not more than two per cent. of the paid-up share capital in the other company or the body corporate.]
1. Subs. by Act 29 of 2020, s. 37, for certain words (w.e.f. 21-12-2020).
2. Subs. by Act 1 of 2018, s. 60, for clause (b) (w.e.f. 9-2-2018). (1) All investments made or held by a
company in any property, security or other asset shall be made and held by it in its own name:
Provided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees of the company, if it is necessary to do so, to ensure that the number of members of the subsidiary company is not reduced below the statutory limit. (2) Nothing in this section shall be deemed to prevent a company-- (a) from depositing with a bank, being the bankers of the company, any shares or securities for the collection of any dividend or interest payable thereon; or (b) from depositing with, or transferring to, or holding in the name of, the State Bank of India or a scheduled bank, being the bankers of the company, shares or securities, in order to facilitate the transfer thereof: Provided that if within a period of six months from the date on which the shares or securities are transferred by the company to, or are first held by the company in the name of, the State Bank of India or a scheduled bank as aforesaid, no transfer of such shares or securities takes place, the company shall, as soon as practicable after the expiry of that period, have the shares or securities retransferred to it from the State Bank of India or the scheduled bank or, as the case may be, again hold the shares or securities in its own name; or (c) from depositing with, or transferring to, any person any shares or securities, by way of security for the repayment of any loan advanced to the company or the performance of any obligation undertaken by it; (d) from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner. (3) Where in pursuance of clause (d) of sub-section (2), any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose. 1[(4) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 38, for sub-section (4) (w.e.f. 21-12-2020).
(1) Except with the consent of the Board of Directors given by a
resolution at a meeting of the Board and subject to such conditions as may be prescribed, no company
shall enter into any contract or arrangement with a related party with respect to--
(a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the company, its subsidiary company or associate company; and (g) underwriting the subscription of any securities or derivatives thereof, of the company: Provided that no contract or arrangement, in the case of a company having a paid-up share capital of not less than such amount, or transactions exceeding such sums, as may be prescribed, shall be entered into except with the prior approval of the company by a 1[resolution]: Provided further that no member of the company shall vote on such 1[resolution], to approve any contract or arrangement which may be entered into by the company, if such member is a related party: 2[Provided also that nothing contained in the second proviso shall apply to a company in which ninety per cent. or more members, in number, are relatives of promoters or are related parties:] Provided also that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arms length basis: 3[Provided also that the requirement of passing the resolution under first proviso shall not be applicable for transactions entered into between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and placed before the shareholders at the general meeting for approval.] Explanation.-- In this sub-section,-- (a) the expression "office or place of profit" means any office or place-- (i) where such office or place is held by a director, if the director holding it receives from the company anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the company anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) Every contract or arrangement entered into under sub-section (1) shall be referred to in the Boards report to the shareholders along with the justification for entering into such contract or arrangement. (3) Where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the Board or approval by a 1[resolution] in the general meeting under sub-section (1) and if it is not ratified by the Board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement 4[shall be voidable at the option of the Board or, as the case may be, of the shareholders] and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the company against any loss incurred by it. (4) Without prejudice to anything contained in sub-section (3), it shall be open to the company to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (5) Any director or any other employee of a company, who had entered into or authorized the contract or arrangement in violation of the provisions of this section shall,-- (i) in case of listed company, be 5[liable to a penalty of twenty-five lakh rupees]; and (ii) in case of any other company, be 6[liable to a penalty of five lakh rupees]].
1. Subs. by Act 21 of 2015, s. 16, for "special resolution" (w.e.f. 29-5-2015).
2. The proviso ins. by Act 1 of 2018, s. 63 (w.e.f. 9-2-2018). 3. The proviso ins. by Act 21 of 2015, s. 16 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 63, for "shall be voidable at the option of the Board" (w.e.f. 9-2-2018). 5. Subs. by Act 29 of 2020, s. 39, for certain words (w.e.f. 21-12-2020). 6. Subs. by s. 39, ibid., for certain words (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; (c) infectious or contagious diseases for the purposes of section 68; (d) rates of penalty charges under section 73; (e) the manner in which the consignment may be delivered without a railway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section (2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83; (k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. | ||||||||||||||||
Related Section(s)1[12A. Nomination by pensioner to receive moneys outstanding on account of pension.--Notwithstanding anything contained in section 12 or in any other law for the time being in force,--
(a) any person to whom any pension mentioned in section 11 is payable by the Government of India or out of the Consolidated Fund of India (such person being hereinafter referred to as the pensioner) may nominate any other person (hereinafter referred to as the nominee), in such manner and in such form as may be prescribed by the Central Government by rules, to receive after the death of the pensioner, all moneys payable to the pensioner on account of such pension at, before or after the date of such nomination and which remain unpaid immediately before the death of the pensioner; and (b) the nominee shall be entitled, on the death of the pensioner, to receive, to the exclusion of all other persons, all such moneys which have so remained unpaid: Provided that if the nominee predeceases the pensioner, the nomination shall, so far as it relates to the right conferred upon the said nominee, become void and of no effect: Provided further that where provision has been duly made in the nomination, in accordance with the rules made by the Central Government, conferring upon some other person the right to receive all such moneys, which have so remained unpaid, in the event of the nominee predeceasing the pensioner, such right shall, upon the decease as aforesaid of the nominee, pass to such other person.]
1. Ins. by Act 20 of 1982, s. 3.
1[15. Power of Central Government to make rules.--The Central Government may, by notification
in the Official Gazette, make rules to provide for all or any of the following matters, namely : --
(a) the manner and form in which any nomination may be made under section 12A and the manner and form in which such nomination may be cancelled or varied by another nomination; (b) the manner in which provision may be made, for the purposes of the second proviso to section 12A, in any such nomination for conferring on some person other than the nominee the right to receive moneys payable to the nominee if such nominee predeceases the pensioner.]
1. Ins. by Act 20 of 1982, s. 3.
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Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) Without prejudice to the generality of the foregoing power, rules may be made providing for all or any of the following matters : -- 2[(i) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in clause (c) of sub-section (2) of section 4, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (ii) the circumstances in which, and the authority by which, members may be removed;] (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business and the number of members which shall form a quorum at a meeting ; (iv) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government ; (v) the holding of a minimum number of meetings of the Board every year ; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure ; (vii) the conditions subject to which the Board may incur expenditure outside India ; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned ; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds ; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds ; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board ; (xiv) the delegation to the committee or Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act ; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Board ; (xvi) the travelling and other allowances of members of the Board and of committees thereof ; (xvii) the maintenance of the registers and other records of the Board and its various committees ; (xviii) the manner in which the 3[free sale quota] of coffee estates shall be determined ; (xix) the manner in which the Board shall exercise its powers of buying and selling coffee ; (xx) the appointment by the Board of agents ; (xxi) the conditions to be fulfilled by a curing establishment before a licence to operate as such can be issued ; (xxii) the form of, and the particulars to be contained in, any returns or reports to be made to the Board under this Act ; (xxiii) the form of, manner of application for, fees payable for, procedure in granting and conditions governing, the licences and permits to be issued by the Board ; (xxiv) the collection of any information or statistics in respect of coffee or any product of coffee ; (xxv) any other matter (other than any matter specified in section 15) which is to be or may be prescribed under this Act. 4[(3) Every rule made under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 50 of 1954, s. 21, for sub-section (2) (w.e.f. 1-8-1955).
2. Subs. by Act 48 of 1961, s. 13, for cls. (i) and (ii) (w.e.f. 19-4-1962). 3. Subs. by Act 23 of 1994, s. 14, for "internal sale quota" (w.e.f. 14-1-1994). 4. Subs. by Act 48 of 1985, s. 5, for sub-section (3) (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) Subject to the 1[provisions of section 43, sub-section (2) of section 50 and
sub-section (1) of section 188],--
(a) every member of a company limited by shares and holding equity share capital therein, shall have a right to vote on every resolution placed before the company; and (b) his voting right on a poll shall be in proportion to his share in the paid-up equity share capital of the company. (2) Every member of a company limited by shares and holding any preference share capital therein shall, in respect of such capital, have a right to vote only on resolutions placed before the company which directly affect the rights attached to his preference shares and, any resolution for the winding up of the company or for the repayment or reduction of its equity or preference share capital and his voting right on a poll shall be in proportion to his share in the paid-up preference share capital of the company: Provided that the proportion of the voting rights of equity shareholders to the voting rights of the preference shareholders shall be in the same proportion as the paid-up capital in respect of the equity shares bears to the paid-up capital in respect of the preference shares: Provided further that where the dividend in respect of a class of preference shares has not been paid for a period of two years or more, such class of preference shareholders shall have a right to vote on all the resolutions placed before the company.
1. Subs. by Act 1 of 2018, s. 11, for "provisions of section 43 and sub-section (2) of section 50" (w.e.f. 9-2-2018).
In this Act, unless the context otherwise requires,--
(1) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf; (2) "accounting standards" means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133; (3) "alter" or "alteration" includes the making of additions, omissions and substitutions; (4) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410; (5) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act; (6) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company. 1[Explanation.-- For the purpose of this clause,-- (a) the expression "significant influence" means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement; (b) the expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;] (7) "auditing standards" means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143; (8) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company; (9) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10) "Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company; (11) "body corporate" or "corporation" includes a company incorporated outside India, but does not include-- (i) a co-operative society registered under any law relating to co-operative societies; and (ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf; (12) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form; (13) "books of account" includes records maintained in respect of-- (i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place; (ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and (iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section; (14) "branch office", in relation to a company, means any establishment described as such by the company; (15) "called-up capital" means such part of the capital, which has been called for payment; (16) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage; (17) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act; (18) "Chief Executive Officer" means an officer of a company, who has been designated as such by it; (19) "Chief Financial Officer" means a person appointed as the Chief Financial Officer of a company; (20) "company" means a company incorporated under this Act or under any previous company law; (21) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; (22) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them; 2[(23) "Company Liquidator" means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;] (24) "company secretary" or "secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act; (25) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (26) "contributory" means a person liable to contribute towards the assets of the company in the event of its being wound up. Explanation.--For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory; (27) "control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner; 3[(28) "Cost Accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;] (29) "court" means-- (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii); (ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district; (iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law; (iv) the Special Court established under section 435; (v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law; (30) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not: 4[Provided that-- (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company, shall not be treated as debenture;] (31) "deposit" includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India; (32) "depository" means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); (33) "derivative" means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (34) "director" means a director appointed to the Board of a company; (35) "dividend" includes any interim dividend; (36) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form; (37) "employees stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price; (38) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force; (39) "financial institution" includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934 (2 of 1934); (40) "financial statement" in relation to a company, includes-- (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up: 5[Provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year: Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement;] 6[Provided also that] a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; (42) "foreign company" means any company or body corporate incorporated outside India which-- (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner; (43) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that-- (i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or (ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves; (44) "Global Depository Receipt" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts; (45) "Government company" means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company; (46) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies; 7[Explanation.-- For the purposes of this clause, the expression "company" includes any body corporate;] (47) "independent director" means an independent director referred to in sub-section (6) of section 149; (48) "Indian Depository Receipt" means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts; 8* * * * * (50) "issued capital" means such capital as the company issues from time to time for subscription; (51) "key managerial personnel", in relation to a company, means-- (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; 9*** 10[(v) such other officer, not more than one level below the directors who is in whole-time employment, designated as key managerial personnel by the Board; and (vi) such other officer as may be prescribed;] (52) "listed company" means a company which has any of its securities listed on any recognised stock exchange; 11 [Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies.] (53) "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not; (54) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of managing director, by whatever name called. Explanation.--For the purposes of this clause, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management; (55) "member", in relation to a company, means-- (i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members; (ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company; (iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository; (56) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; (57) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits 12[, securities premium account and debit or credit balance of profit and loss account,] after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; (58) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (59) "officer" includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity; (vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance; (vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; (61) "Official Liquidator" means an Official Liquidator appointed under sub-section (1) of section 59; (62) "One Person Company" means a company which has only one person as a member; (63) "ordinary or special resolution" means an ordinary resolution, or as the case may be, special resolution referred to in section 114; (64) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called; (65) "postal ballot" means voting by post or through any electronic mode; (66) "prescribed" means prescribed by rules made under this Act; (67)"previous company law" means any of the laws specified below:-- (i) Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866); (ii) the Indian Companies Act, 1866 (10 of 1866); (iii) the Indian Companies Act, 1882 (6 of 1882); (iv) the Indian Companies Act, 1913 (7 of 1913); (v) the Registration of Transferred Companies Ordinance, 1942 (Ord. 54 of 1942); (vi) the Companies Act, 1956 (1 of 1956); and (vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force-- (A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (B) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968), in so far as other corporations are concerned; (viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and (ix) the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961); (68) "private company" means a company having a minimum paid-up share capital 13*** as may be prescribed, and which by its articles,-- (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member: Provided further that-- (A) persons who are in the employment of the company; and (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and (iii) prohibits any invitation to the public to subscribe for any securities of the company; (69) "promoter" means a person-- (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or in directly whether as a share holder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity; (70) "prospectus" means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate; (71)"public company" means a company which-- (a) is not a private company; 14[and] (b) has a minimum paid-up share capital 15*** as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ; (72) "public financial institution" means-- (i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India: Provided that no institution shall be so notified unless-- (A) it has been established or constituted by or under any Central or State Act 16[other than this Act or the previous company law]; or (B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments; (73) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (74) "register of companies" means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act; (75) "Registrar" means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act; (76) "related party", with reference to a company, means-- (i) a director or his relative; (ii) a key managerial personnel or his relative; (iii) a firm, in which a director, manager or his relative is a partner; (iv) a private company in which a director or manager 16[or his relative] is a member or director; (v) a public company in which a director or manager is a director 17[and holds] along with his relatives, more than two per cent. of its paid-up share capital; (vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; (vii) any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; 18[(viii) any body corporate which is-- (A) a holding, subsidiary or an associate company of such company; (B) a subsidiary of a holding company to which it is also a subsidiary; or (C) an investing company or the venturer of the company. Explanation.-- For the purpose of this clause, "the investing company or the venturer of a company" means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate]; (ix) such other person as may be prescribed; (77) "relative", with reference to any person, means any one who is related to another, if-- (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed; (78) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961 (43 of 1961); (79) "Schedule" means a Schedule annexed to this Act; (80) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (81) "securities" means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (82) "Securities and Exchange Board" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (83) "Serious Fraud Investigation Office" means the office referred to in section 211; (84) "share" means a share in the share capital of a company and includes stock; (85) "small company" means a company, other than a public company,-- (i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 19[ten crore rupees]; 20[and] (ii) turnover of which 21[as per profit and loss account for the immediately preceding financial year] does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 25[one hundred crore rupees]: Provided that nothing in this clause shall apply to-- (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act; (86) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company; (87) "subsidiary company" or "subsidiary", in relation to any other company (that is to say the holding company), means a company in which the holding company-- (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the 23[total voting power] either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed. Explanation.--For the purposes of this clause,-- (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company's Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression company includes any body corporate; (d) "layer" in relation to a holding company means its subsidiary or subsidiaries; (88) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; (89) "total voting power", in relation to any matter, means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof or their proxies having a right to vote on that matter are present at the meeting and cast their votes; (90) "Tribunal" means the National Company Law Tribunal constituted under section 408; 24[(91) turnover means gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;] (92) "unlimited company" means a company not having any limit on the liability of its members; (93) "voting right" means the right of a member of a company to vote in any meeting of the company or by means of postal ballot; (94) "whole-time director" includes a director in the whole-time employment of the company; 25[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as applicable;] (95) words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts.
1. The Explanation subs. by Act 1 of 2018, s. 2 (w.e.f. 7-5-2018).
2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause (23) (w.e.f. 15-11-2016). 3. Subs. by Act 1 of 2018, s. 2, for clause (28) (w.e.f. 9-2-2018). 4. The Proviso ins. by s. 2, ibid. (w.e.f. 9-2-2018). 5. The proviso subs. by Act 22 of 2019, s. 2 (w.e.f. 2-11-2018). 6. Subs. by s. 2, ibid., for Provided further that (w.e.f. 2-11-2018). 7. The Explanation ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 8. Clause (49) omitted by s. 2, ibid. (w.e.f. 9-2-2018). 9. The word and omitted by s. 2, ibid. (w.e.f. 9-2-2018). 10. Subs. by s. 2, ibid., for sub-clause (v) (w.e.f. 9-2-2018). 11. The Proviso ins. by Act 29 of 2020, s. 2 (w.e.f. 22-1-2021). 12. Subs. by Act 1 of 2018, s. 2, for and securities premium account (w.e.f. 9-2-2018). 13. The words of one lakh rupees or such higher paid-up share capital omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 14. Ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 15. The words of five lakh rupees or such higher paid-up capital, omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 16. Ins. by S.O. 1894 (E), dated 24th July, 2014. 17. Subs. by S.O. 1820 (E), dated 9th July, 2014 for or holds . 18. Subs. by Act 1 of 2018, s. 2, for sub-clause (viii) (w.e.f. 9-2-2018). 19. Subs. by Act 1 of 2018, s. 2, for five crore rupees (w.e.f. 9-2-2018). 20. Subs. by notification No. S.O. 504(E), dated 13th February, 2015, for word or (w.e.f. 13-2-2015). 21. Subs. by Act 1 of 2018, s. 2, for as per its last profit and loss account (w.e.f. 9-2-2018). 22. Subs. by s. 2, ibid., for twenty crore rupees (w.e.f. 9-2-2018). 23. Subs. by s. 2, ibid., for total share capital (w.e.f. 7-5-2018). 24. Subs. by Act 1 of 2018, s. 2, for clause (91) (w.e.f. 9-2-2018). 25. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the term of office of the Chairperson and the manner of filling the post under sub-section (6) of section 3; (ii) the salary and allowances of the Chairperson and his conditions of service in respect of leave, pension, provident fund and other matters and the allowances for non-official members for attending the meeting under sub-section (8) of section 3; (iii) the time and place of meetings of the Authority and the rules of procedure in regard to the transaction of business at its meetings [including the quorum at its meetings and the transaction of business of its Standing Committee appointed under sub-section (7) of section 3] under sub-section (1) of section 4; (iv) the control and restriction regarding appointment of the officers and other employees of the Authority and the method of such appointment, salary and allowances and other conditions of service under section 6; (v) the powers and duties of the Chairperson under section 7; (vi) the terms and conditions subject to which and the manner in which the measures referred to in sub-section (1) of section 8 may provide for the registration of new extant varieties under clause (a) of sub-section (2) of that section; (vii) the manner for arranging production and sale of the seed under clause (e) of sub-section (2) of section 8; (viii) the orders by the Authority or the Registrar as to costs under clause (b) of section 11; (ix) the salary and allowances of Registrar-General of Plant Varieties and the conditions of service in respect of his leave, pension, provident fund and other matters under sub-section (3) of section 12; (x) the matters to be included in the National Register of Plant Varieties under sub-section (1) of section 13; (xi) the manner of authorising a person under clause (e) of sub-section (1) of section 16; (xii) the fees under clause (g) and the other particulars under clause (i) which shall accompany the application under sub-section (1) of section 18; (xiii) the form of application under the proviso to sub-section (1) of section 18; (xiv) the period within which after making application a proof of the right to make the application is to be furnished under sub-section (3) of section 18; (xv) the fees to be deposited by the applicant under sub-section (2) of section 19; (xvi) the manner and method of conducting the tests under sub-section (3) of section 19; (xvii) the manner of advertising application, conditions or limitations and specifications of variety for registration including its photographs or drawings under sub-section (1) of section 21; (xviii) the manner of giving notice and the fees payable therefor under sub-section (2) of section 21; (xix) the manner of sending counter-statement under sub-section (4) of section 21; (xx) the manner of submitting evidence and the time within which such evidence may be submitted under sub-section (6) of section 21; (xxi) the documents and fees under sub-section (1) and the tests to be conducted and the procedure to be followed under sub-section (3) of section 23; (xxii) the form of a certificate of registration and the other authority to which a copy thereof shall be sent under sub-section (8) of section 23; (xxiii) the form of a certificate of registration and the other authority to which a copy thereof and the maximum time for issuing the certificate of registration under sub-section (2) of section 24; (xxiv) the manner of giving notice to the applicant under sub-section (3) of section 24; (xxv) the fees for review and renewal under sub-section (6) of section 24; (xxvi) the contents of the certificate and the manner of publishing such contents and inviting claim of benefits sharing under sub-section (1) of section 26; (xxvii) the form for submitting claims of benefit sharing and the fees to be accompanied therewith under sub-section (2) of section 26; (xxviii) the manner in which and the time within which opposition to claims shall be submitted under sub-section (3) of section 26; (xxix) the manner of making reference under sub-section (7) of section 26; (xxx) the manner of making an application for registration for title and the fees to be accompanied therewith under sub-section (4) of section 28; (xxxi) the manner of referring the disputes regarding registration of entitlement under the proviso to sub-section (4) of section 28; (xxxii) the manner to enter into a certificate the brief conditions of entitlement under sub-section (5) of section 28; (xxxiii) the manner of making an application for varying the terms of registration under clause (a) of sub-section (9) of section 28; (xxxiv) the manner of making an application by the registered breeder and certain other for cancellation of terms of registration under clause (b) of sub-section (9) of section 28; (xxxv) the manner of application by any person other than the breeder, his successor, the registered agent or the registered licensee for cancellation of terms of registration under clause (c) of sub-section (9) of section 28; (xxxvi) the manner of application for cancellation of the terms of registration under clause (d) of sub-section (9) of section 28; (xxxvii) the manner of application for cancellation of the terms of registration under clause (e) of sub-section (9) of section 28; (xxxviii) the manner of issuing notice to the registered breeder of a variety or his successor or to each registered agent or registered licensee (not being the applicant) under sub-section (10) of section 28; (xxxix) the manner of giving notice to the registrar under sub-section (1) of section 33; (xl) the manner of notifying to the registered agent or registered licensee under sub-section (2) of section 33; (xli) the period within which the notice of opposition under sub-section (3) of section 33 may be given; (xlii) the manner of making application under section 34; (xliii) the manner of depositing fees under sub-section (2) of section 35; (xliv) the manner of making application under sub-section (1) of section 36; (xlv) the manner of applying to the Registrar under sub-section (2) of section 36; (xlvi) the manner of giving notice under sub-section (4) of section 36; (xlvii) the manner of application under sub-section (1) of section 37; (xlviii) the manner of making application under sub-section (2) of section 37; (xlix) the manner to apply to the Registrar under sub-section (1) of section 38; (l) the manner of advertising application and to give notice to the Registrar, and the time from the date of the advertisement within which a person may give such notice under sub-section (2) of section 38; (li) the manner of advertising the denomination of the variety under sub-section (3) of section 38; (lii) the manner of recognition and reward from Gene Fund under clause (iii) of sub-section (1) of section 39; (liii) the manner of claiming compensation and filing of opposition under sub-section (2) of section 39; (liv) the manner of issuing notice and filing objection under sub-section (3) of section 41; (lv) the manner of receiving benefit sharing under clause (a) of sub-section (1) of section 45; (lvi) the manner of applying Gene Fund under sub-section (2) of section 45; (lvii) the particulars to be contained in the application under sub-section (2) of section 47; (lviii) the authority and the manner in which such authority shall make available to the compulsory licensee the reproduction material of the variety under section 50; (lix) the form for making application under sub-section (1) of section 52; (lx) the period within which an appeal shall be preferred under sub-section (1) of section 56; (lxi) the form of petition and the particulars which such petition shall contain under sub-section (2) of section 56; (lxii ) the form for preparing annual statement of accounts under sub-section (1) of section 62; (lxiii) the financial and administrative powers which the Chairperson shall exercise under section 63; (lxiv) the manner of using the denomination of a variety under sub-section (1) of section 68; (lxv) the manner of authorising registered agent or registered licensee under section 81; (lxvi) the manner of issuing certified copy of content of Register or any other document under section 83; (lxvii) the fees payable for obtaining a certified copy of, or to inspect, any entry in the Register or any other document under section 84; (lxviii) any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Prasar Bharati
(Broadcasting Corporation of India) Act, 1990.
(2) It extends to the whole of India. (3) It shall come into force on such date 1 as the Central Government may, by notification, appoint.
1 15th September, 1997, vide notification No. S.O. 509(E), dated 22nd July, 1997, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
1
[(1) The
Chairman shall be Part-time Member and shall hold office for a term of three years from the date on
which he enters upon his office or until he attains the age of seventy years, whichever is earlier:
Provided that any person holding office as a Chairman immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008) shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Chairman and shall not be entitled to any compensation because of his ceasing to hold such office.] (2) 1 *** the Member (Finance) and the Member (Personnel) shall be Whole-time Members and every such Member shall hold office for a term of six years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier. 2 [(2A) The Executive Member shall be a Whole-time Member and shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier: Provided that any person holding office as an Executive Member immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008), shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Executive Member and shall not be entitled to any compensation because of his ceasing to hold such office.] (3) The term of office of Part-time Members shall be six years, but one-third of such Members shall retire on the expiration of every second year. (4) The term of office of an elected Member shall be two years or till he ceases to be an employee of the Corporation, whichever is earlier. (5) As soon as may be after the establishment of the Corporation, the President of India may, by order, make such provision as he thinks fit for curtailing the term of office of some of the Part-time Members then appointed in order that one-third of the Members holding office as such Part-time Members shall retire in every second year thereafter. (6) Where before the expiry of the term of office of a person holding the office of Chairman, or any other Member, a vacancy arises, for any reason whatsoever, such vacancy shall be deemed to be a casual vacancy and the person appointed or elected to fill such vacancy shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen. (7) The Whole-time Members shall be the employees of the Corporation and as such shall be entitled to such salaries and allowances and shall be subject to such conditions of service in respect of leave, pension (if any), provident fund and other matters as may be prescribed: Provided that the salaries and allowances and the conditions of service shall not be varied to their disadvantage after their appointment. (8) The Chairman and Part-time Members shall be entitled to such allowances as may be prescribed.
1 Subs. by Act 12 of 2008, s.2,for sub-section (1) (w.e.f .7-2-2008).
2 Ins. by s. 2, ibid. (w.e.f. 7-2-2008). (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salaries and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the Whole-time Members under sub-section (7) of section 6; (b) the allowances payable to the Chairman and Part-time Members under sub-section (8) of section 6; (c) the control, restrictions and conditions subject to which the Corporation may appoint officers and other employees under sub-section (1) of section 9; (d) the manner in which and the conditions and restrictions subject to which a Recruitment Board may be established under sub-section (1) of section 10; (e) the qualifications and other conditions of service of the members of a Recruitment Board and their period of office under sub-section (2) of section 10; 1[(f) the terms and conditions of service in the Corporation of officers and employees under sub-section (2) of section 11A; (ff) the manner and the terms and conditions subject to which matters relating to the posts borne on the strength of the cadres of the Indian Information Service, the Central Secretariat Service or any other cadre outside Akashvani or Doordarshan shall be determined under sub-section (2) of section 11B;] (g) the salary and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the President of the Broadcasting Council under sub-section (5) of section 14; (h) the allowances payable to other members of the Broadcasting Council and the members of the Regional Councils, under sub-section (6) of section 14; (i) the manner in which the Corporation may invest its moneys under section 19; (j) the form and the manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 21; (k) the form in which, and the time within which the Corporation and the Broadcasting Council shall prepare their annual report under section 31; (l) any other matter which is required to be, or may be, prescribed.
1 Subs. by Act 6 of 2012, s. 3, for clause (f) (w.e.f. 8-3-2012).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)5. Legal recognition of 1
[electronic signatures].--Where any law provides that information or any
other matter shall be authenticated by affixing the signature or any document shall be signed or bear the
signature of any person, then, notwithstanding anything contained in such law, such requirement shall be
deemed to have been satisfied, if such information or matter is authenticated by means of 1
[electronic
signature] affixed in such manner as may be prescribed by the Central Government.
Explanation.--For the purposes of this section, "signed", with its grammatical variations and cognate
expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on
any document and the expression "signature" shall be construed accordingly.
1. Subs. by Act 10 of 2009, s. 2, for "digital signatures"
(w.e.f. 27
-
10
-
2009).
6. Use of electronic records and 1
[electronic signatures] in Government and its agencies.--(1)
Where any law provides for--
(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner; (b) the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner; (c) the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government. (2) The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe-- (a) the manner and format in which such electronic records shall be filed, created or issued; (b) the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).
1 Subs. by Act 10 of 2009, s. 2, for "digital signatures"
(w.e.f. 27
-
10
-
2009).
(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). (1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). Where any law provides that information or any other
matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained
in such law, such requirement shall be deemed to have been satisfied if such information or matter is--
(a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4; (b) the fee and allowances to be paid to the members under sub-section (5) of section 4; (c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9; (d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10; (e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13; (f) the energy consumption norms and standards for designated consumers under clause (g) of section 14; (g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14; (h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14; (i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14; (j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14; (k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14; (l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;; 3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A; (laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;] (m) the matters relating to inspection under sub-section (2) of section 17; (n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22; (o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23; (p) the form in which the accounts of the Bureau shall be maintained under section 25; (q) the manner of holding inquiry under sub-section (1) of section 27; (r) the form and fee for filing appeal under sub-section (2) of section 31; 3* * * * * (v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 28 of 2010, s. 13, for "energy managers" (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023). 3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010). 4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010). (1) With effect from such
date as the Central Government may, by notification, appoint, there shall be established, for the purposes
of this Act, a Bureau to be called the Bureau of Energy Efficiency.
(2) The Bureau shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Bureau shall be at Delhi. (4) The Bureau may establish offices at other places in India. Every designated consumer or manufacturer of equipment or
appliance 1
[or any other person or entity covered under this Act shall furnish to the Bureau such
information, documents or records relating to energy consumption, and such samples] of any material or
substance used in relation to any equipment or appliance, as the Bureau may require
1. Subs. by Act 19 of 2022, s. 15, for the words, brackets, letter and figures "specified under clause (b) of section 14 shall supply
the Bureau with such information, and with such samples" (w.e.f. 1-1-2023).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1)This Act may be called the Mines and Minerals 1(Development and Regulation) Act, 1957.
(2) It extends to the whole of India. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1. Subs. by Act 38 of 1999, s. 3, for "(Regulation and Development)" (w.e.f. 18-12-1999).
2. 1st June, 1958, vide notification No. G.S.R. 432, dated 29th May, 1958, see Gazette of India, Extraordinary, Part II, sec. 3(i). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salary and allowances payable to and the other conditions of service of the Chairperson and whole-time members under sub-section (3) of section 5; (b) the allowances payable to part-time members under sub-section (4) of section 5; (c) the additional functions which may be performed by the Authority under clause (p) of sub-section (2) of section 14; (d) any other matter in respect of which the Authority may exercise the powers of a civil court under clause (v) of sub-section (3) of section 14; (e) the procedure to be followed by the authorised officer under sub-section (10) of section 17; (f) the form and manner in which an appeal may be filed before the Securities Appellate Tribunal and the fee which shall accompany such appeal, under sub-section (2) of section 36; (g) the procedure to be followed by the Securities Appellate Tribunal in dealing with an appeal, under sub-section (6) of section 36; (h) the form in which annual statement of accounts shall be maintained by the Authority under sub-section (1) of section 42; (i) the time within which and the form and manner in which returns and reports are to be made by the Authority to the Central Government under sub-section (1) of section 46; (j) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. (1) The
Chairperson and every whole-time member shall hold office for a term of five years from the date on
which he enters upon his office and shall be eligible for reappointment:
Provided that no person shall hold office as a Chairperson after he has attained the age of sixty-five years: Provided further that no person shall hold office as a whole-time member after he has attained the age of sixty-two years. (2) A part-time member shall hold office as such for a term not exceeding five years from the date on which he enters upon his office. (3)The salary and allowances payable to, and other terms and conditions of service of, the members other than part-time members shall be such as may be prescribed. (4)The part-time members shall receive such allowances as may be prescribed. (5)The salary, allowances and other conditions of service of a member shall not be varied to his disadvantage after his appointment. (6) Notwithstanding anything contained in sub-section (1) or sub-section (2), a member may— (a) relinquish his office, by giving in writing to the Central Government, a notice of not less than thirty days; or (b) be removed from his office in accordance with the provisions of section 6. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
1[1. Short title, extent and commencement.--(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends,-- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* * * * * (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date3 as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.]
1. Subs. by Act 19 of 1986, s. 2, for "any corporation owned or controlled by the Government" (w.e.f. 22-1-1986).
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3.1st July, 1985, vide notification No. G.S.R. 527(E), dated by 1st July, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(i). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may-- 1[(a) prescribe the form under sub-section (4) of section 6A, the particulars that should be furnished therein and which, and the period within which, the form should be lodged; (aa) prescribe the procedure for requiring persons liable for compulsory service in the Territorial Army to be medically or otherwise examined with a view to determining whether they satisfy the conditions imposed under this Act;] 2[(aaa)] prescribe the manner in which, and the period for which and the conditions subject to which any person may be enrolled under this Act; 3[or may be required to perform compulsory service is the territorial Army] (b) prescribe the manner in which and the conditions subject to which officers and enrolled persons may be called out for service, or embodied for training or for supporting or for supplementing 4[the Regular Army] or attached to 5[the Regular Army]; (c) prescribe preliminary and periodical military training, compulsory and voluntary, for any enrolled person and provide for the embodiment of any unit for that purpose; (d) define the manner in which and the conditions under which any enrolled person may be excused from training ; 6[(dd) specify the authority for the purpose of the proviso to sub-section (1) of section 7A and the manner in which any inquiry may be held by him; (ddd) define the rights under section 7B;] (e) prescribe the authorities by which and the conditions subject to which enrolled persons may be discharged under section 8; (f) prescribe the authorities by which offences under this Act may be punished and the fine inflicted may be recovered; (g) prescribe the officers by whom certificates may be signed under section 12; (h) generally provide for any other matter which under this Act is to be or may be prescribed. 7[(3) Every rule made under this section 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 92 of 1956, s. 5.
2. Clause (a) was relettered as (aaa) by s. 5, ibid. 3. Ins. by s. 5, ibid. 4. Subs. by the A.O. 1950, for "the regular forces". 5. Subs., ibid., for "any regular forces". 6. Ins. by Act 33 of 1952, s. 3. 7. Ins. by Act 53 of 1980, s. 2. | ||||||||||||||||
Related Section(s)The Chairperson shall exercise such
financial and administrative powers over the Benches as may be prescribed:
Provided that the Chairperson shall have the authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the Tribunal, subject to the conditions that such Member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairperson. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)(1) The Central Government may, by notification in the Official
Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 2[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 3[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 4[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 5[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 [Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both]. 7 [(4) Every rule made under this section 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 session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].
1. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).
2. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 3. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 4. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 5. The proviso ins. by Act 6 of 2004, s. 15 (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986) | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salary and allowances payable to, and other terms and conditions of service of, the members other than part-time members under sub-section (1) of section 7; (b) the allowances to be paid to the part-time members under sub-section (2) of section 7; (c) such other powers that may be exercised by the Authority under clause (q) of sub-section (2) of section 14; (d) the form of annual statement of accounts to be maintained by the Authority under sub-section (1) of section 17; (e) the form and manner in which and the time within which returns and statements and particulars are to be furnished to the Central Government under sub-section (1) of section 20; (f) the matters under sub-section (5) of section 25 on which the Insurance Advisory Committee shall advise the Authority; (g) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes 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) specify 1[the type of projects] in respect of which the funds may be disbursed under section 7; (b) the manner in which the accounts shall be maintained and the annual statement of accounts may be prepared including the profit and loss account and the balance-sheet under sub-section (1) of section 8; (c) the manner in which the schemes for development and maintenance of State roads of interState and economic importance are to be formulated and sanctioned under section 10 2***; (d) any other matter for which rule is to be made, or may be, prescribed.
1. Subs. by Act 13 of 2018, s. 206 for "the projects" (w.e.f. 1-4-2018)
2. The words and figures "under section 10" omitted by s. 206, ibid. (w.e.f. 1-4-2018). 1[(1)] The Fund shall be utilised for the--
(i) development and maintenance of national highways; (ii) development of the rural roads; (iii) development and maintenance of other State roads including roads of inter-State and economic importance; 2[(iv) construction of roads either under or over the railways by means of bridges and erection of safety works at unmanned rail-road crossings, new lines, conversion of existing standard lines into gauge lines and electrification of rail lines; and (v) undertaking other infrastructure projects. Explanation.--For the purposes of this Act, the expression "infrastructure projects" means the category of projects and infrastructure Sub-Sectors specified in Schedule II.] 3[(2) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend Schedule II relating to any Category of projects or Infrastructure Sub-Sectors. (3) Every notification issued under this Act by the Central Government shall be laid, as soon as may be after it 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 notification or both Houses agree that the notification should not be made, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Section 7 renumbered as sub-section (1) thereof by Act 13 of 2018, s. 206 (w.e.f. 1-4-2018).
2. Subs. by s. 206, ibid., for clauses (iv) and (v) (w.e.f. 1-4-2018). 3. Ins. by s. 206, ibid (w.e.f.1-4-2018). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). An Appellate Tribunal shall consist of one person only
(hereinafter referred to as 1[the Chairperson of the Appellate Tribunal]) to be appointed, by notification,
by the Central Government.
1 . Subs. by s. 2, ibid., for "the Presiding Officer of the Appellate Tribunal" (w.e.f. 17-1-2000).
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Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; (c) infectious or contagious diseases for the purposes of section 68; (d) rates of penalty charges under section 73; (e) the manner in which the consignment may be delivered without a railway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section (2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83; (k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) There shall be filed with the Registrar within whose jurisdiction the registered office of a company is proposed to be situated, the following documents and information for registration, namely:--
(a) the memorandum and articles of the company duly signed by all the subscribers to the memorandum in such manner as may be prescribed; (b) a declaration in the prescribed form by an advocate, a chartered accountant, cost accountant or company secretary in practice, who is engaged in the formation of the company, and by a person named in the articles as a director, manager or secretary of the company, that all the requirements of this Act and the rules made thereunder in respect of registration and matters precedent or incidental thereto have been complied with; (c) 1[a declaration] from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief; (d) the address for correspondence till its registered office is established; (e) the particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum along with proof of identity, as may be prescribed, and in the case of a subscriber being a body corporate, such particulars as may be prescribed; (f) the particulars of the persons mentioned in the articles as the first directors of the company, their names, including surnames or family names, the Director Identification Number, residential address, nationality and such other particulars including proof of identity as may be prescribed; and (g) the particulars of the interests of the persons mentioned in the articles as the first directors of the company in other firms or bodies corporate along with their consent to act as directors of the company in such form and manner as may be prescribed. (2) The Registrar on the basis of documents and information filed under sub-section (1) shall register all the documents and information referred to in that subsection in the register and issue a certificate of incorporation in the prescribed form to the effect that the proposed company is incorporated under this Act. (3) On and from the date mentioned in the certificate of incorporation issued under sub-section (2), the Registrar shall allot to the company a corporate identity number, which shall be a distinct identity for the company and which shall also be included in the certificate. (4) The company shall maintain and preserve at its registered office copies of all documents and information as originally filed under sub-section (1) till its dissolution under this Act. (5) If any person furnishes any false or incorrect particulars of any information or suppresses any material information, of which he is aware in any of the documents filed with the Registrar in relation to the registration of a company, he shall be liable for action under section 447. (6) Without prejudice to the provisions of sub-section (5) where, at any time after the incorporation of a company, it is proved that the company has been got incorporated by furnishing any false or incorrect information or representation or by suppressing any material fact or information in any of the documents or declaration filed or made for incorporating such company, or by any fraudulent action, the promoters, the persons named as the first directors of the company and the persons making declaration under clause (b) of subsection (1) shall each be liable for action under section 447. (7) Without prejudice to the provisions of sub-section (6), where a company has been got incorporated by furnishing any false or incorrect information or representation or by suppressing any material fact or information in any of the documents or declaration filed or made for incorporating such-- company or by any fraudulent action, the Tribunal may, on an application made to it, on being satisfied that the situation so warrants, (a) pass such orders, as it may think fit, for regulation of the management of the company including changes, if any, in its memorandum and articles, in public interest or in the interest of the company and its members and creditors; or (b) direct that liability of the members shall be unlimited; or (c) direct removal of the name of the company from the register of companies; or (d) pass an order for the winding up of the company; or (e) pass such other orders as it may deem fit: Provided that before making any order under this sub-section,-- (i) the company shall be given a reasonable opportunity of being heard in the matter; and (ii) the Tribunal shall take into consideration the transactions entered into by the company, including the obligations, if any, contracted or payment of any liability.
1. Subs. by Act 1 of 2018, s. 5, for "an affidavit" (w.e.f. 27-7-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)1[22C. Allowances and conditions of service of Chairperson and members of Authority.--The
allowances payable to, and other terms and conditions of service of, the Chairperson and members and
the manner of meeting expenditure of the Authority by the Council and such other authorities shall be
such as may be specified.]
1. Subs. by s. 21, ibid., for section 22 A (w.e.f. 17-11-2006).
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Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Companies Act, 2013.
(2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and *different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) The provisions of this Act shall apply to-- (a) companies incorporated under this Act or under any previous company law; (b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949); (d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003); (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and (f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification. To be deleted
*, 1. 12th September, 2013 -- S. 2(1),(3), (4), (5), (6), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (28), (29) [except
sub-clause (iv)], (30), (32), (33), (34), (35), (36), (37), (38), (39), (40), (43), (44), (45), (46), (49), (50), (51), (52), (53), (54), (55), (56), (57), (58), (59), (60), (61),
(63), (64), (65), (66), (67) [except sub-clause (ix)], (84), (86),(87) [except the proviso and Explanation (d)], (88), (89), (90), (91), (92), (93), (94), (95); s. 19, 21, 22,
23 [except clause (b) of sub-section (1) and sub-section (2)], 24, 25 [except sub-section (3)], 29, 30, 31, 32, 33 [except sub-section (3)], 34, 35 [except clause (e) of
sub-section (1)], 36, 37, 38 39 [except sub-section (4)], 40 [except sub-section (6)], 44, 45, 49, 50, 51, 57, 58, 59, 60, 65, 69, 70 [except sub-section (2)], 86, 91, 100
[except sub-section (6)], 102, 103, 104, 105 [except the third and fourth provisos of sub-section (1) and sub-section (7)], 106, 107, 111, 112, 113 [except clause (b) of
sub-section (1)], 114, 116, 127, 133, 161 [except sub-section (2)], 162, 163, 176, 180, 181, 182, 183, 185, 192, 194,195, 202, 379, 382, 383, 386 [except clause (a)],
394, 405, 407, 408, 409, 410, 411, 412, 413, 414, 439, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 456, 457, 458, 459, 460, 461, 462, 463, 467, 468, 469,
470, vide notification No. S.O. 2754(E), dated 12th September, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st April 2014 S. 2(2), (7), (13), (31), (41), (42), (47), (48), (62), (83), (85) and Explanation (d) of clause (87); ss. 3, 4, 5, 6; s. 7 [except sub-section (7)]; s. 8 [except sub-section (9)]; ss. 9, 10, 11, 12 and 13; s. 14 [except second proviso to sub-section (1) and sub-section (2)]; ss. 15, 16, 17 and 18; section 20; clause (b) of sub-section (1) and sub-section (2) of section 23; sub-section (3) of section 25; ss. 26, 27 and 28; sub-section (3) of s. 33; clause (e) of sub-section (1) of s. 35; subsection (4) of s. 39; sub-section (6) of s. 40; ss. 41, 42 and 43; ss. 46 and 47; ss. 52, 53 and 54; s. 55 [except sub-section (3)]; s. 56; s. 61 [except proviso to clause (b) of sub-section (1)]; s. 62 [except sub-sections (4) to (6)]; ss. 63 and 64; ss. 67 and 68; sub-section (2) of section 70; s. 71 [except sub-sections (9) to (11)]; ss. 72 and 73; sub-section (1) of s. 74; ss. 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85; ss. 87, 88, 89 and 90; ss. 92, 93, 94, 95 and 96; sub-section (6) of s.100; s. 101; third and fourth provisos to sub-section (1) and sub-section (7) of s. 105; ss. 108, 109 and 110; clause (b) of sub-section (1) of s. 113; s. 115; ss. 117and 118; s. 119 [except sub-section (4)]; ss. 120, 121, 122 and 123; s. 126; ss. 128 and 129; s.134; ss. 136, 137, 138 and 139; s. 140 [except second proviso to sub-section (4) and sub-section (5)]; ss. 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 160; sub-section (2) of s. 161; ss. 164, 165, 166, 167 and 168; s. 169 [except sub-section (4)]; ss. 170, 171, 172, 173, 174 and 175; ss. 177, 178 and 179; s. 184; ss. 186, 187, 188, 189, 190 and 191; s. 193; ss. 196, 197, 198, 199, 200 and 201; ss. 203, 204, 205, 206, 207, 208, 209, 210 and 211; s. 212 [except references of sub-section (10) of s. 66, sub-section (5) of s. 140], s. 213, subsection (1) of s. 251 and sub-section (3) of s. 339 made in sub-section (6) and also sub-sections (8) to (10)]; ss. 214, 215; s. 216 [except sub-section (2)]; s. 217; ss. 219 and 220; s. 223; s. 224 [except sub-sections (2) and (5)]; s. 225; ss. 228 and 229; ss. 366, 367, 368and 369; s. 370 (except the proviso); s. 371; s. 374; ss. 380and 381; ss. 384 and 385; clause (a) of s. 386; ss. 387, 388, 389 and 390; sub-section (1) of s. 391; ss. 392 and 393; ss. 395, 396, 397 and 398; s. 399 [except reference of word Tribunal in sub-section (2)]; ss. 400, 401, 402, 403 and 404; s. 406; s. 442; ss. 454and 455; s. 464; Schs. I, II, III, IV, V and VI, vide notification No. S.O. 902(E), dated 26th March, 2014, see Gazette of India, Extraordinary, Part II, sec.3(ii). 1st April, 2014 -- S. 135 and Sch. VII, vide notification No. S.O. 582(E), dated 27th February, 2014, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 6th June, 2014 Sub-sections (2) and (3) of s. 74, vide notification No. S.O. 1459(E), dated 6th June, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13th January, 2016 -- S. 125(5), (6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and (7), vide notification No. S.O. 125(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 18th May, 2016 --S. 2(29) (iv), ss. 435 to 438 and s. 440, vide notification No. S.O. 1795(E), dated 18th May, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 2016 --S. 7(7) [except clause (c) and (d)], s. 14(2), second proviso to sub-section (1) of s. 14, s. 55 (3), proviso to clause (b) of sub-section (1) of s. 61; s. 62 (4) to (6), s. 71 (9), (10) and (11), s. 75; s. 97; s. 98 and s. 99; S. 119 (4), s. 130 and 131; second proviso to sub-section (4) and (5) of s. 140, s. 169(4), s. 213, s. 216 (2), s. 218, s. 221, s. 222, s. 224 (5), ss. 241, 242 [except clause (b) of sub-section (1), cls. (c) and (g) of sub-section (2), 243, 244 and 245; Reference of word Tribunal s. 399 (2),ss. 415 to 433, s. 434 (1) (a) and (b) & (2), s. 441and 466, vide notification No. S.O. 1934(E), dated 1st June, 2016, see Gazette of India, Extraordinary Part II, sec. 3(ii). 7th September, 2016 -S. 124, s. 125 (1) to (4), (6) [with respect to the manner of administration of the Investor Education and Protection Fund] and (8) to (11) vide Notification No. S.O. 2866(E), dated 5th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th September, 2016 -- S. 227, 242 (1) (b), (2) (c) & (g), s. 246, Ss. 337 to 341 (to the extent of their applicability for s. 246), vide notification No. S.O. 2912(E), dated 9th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 2016-S. 2 (23), s.7 (7) (c) and (d), s. 8 (9), s. 48, s. 66, s. 224 (2), s. 226, s. 230 [except sub-section (11) and (12)], and ss. 231 to 233, ss. 235 to 240, ss. 270 to 288, ss. 290 to 303, ss. 324, ss. 326 to 365, proviso to s. 370, ss. 372 to 373, ss. 375 to 378, s. 391 (2), s. 434 (1) cl. (c) vide notification No. S.O. 3677(E), dated 7th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 26th December, 2016 --Ss. 248 to 252, vide notification No. S.O. 4167(E), dated 26th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 13th April, 2017 -- S. 234, vide notification No. S.O. 1182(E), dated 13th April, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 24th August, 2017 --S. 212 (8), (9) and (10), vide notification No. S.O. 2751(E), dated 24th August, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 20th September, 2017 --Proviso to clause (87) of s. 2, vide notification No. S.O. 3086(E), dated 20th September, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 18th October, 2017 --S. 247, vide notification No. S.O. 3393(E), dated 18th October, 2017, see Gazette of India, Extraordinary Part II, sec. 3(ii). 21st March, 2018- S. 132 (3) and (11), vide notification No. S.O. 1316(E), dated 21st March, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st October, 2018 -- S 132 (1) and (12), vide notification No. S.O. 5098(E), dated 1st October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 24th October, 2018 -- S 132 (2), (4), (5), (10), (13), (14) and (15) vide notification No. S.O. 5385(E), dated 24th October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 30th January, 2019 -- S465in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) vide notification No. S.O. 560(E), dated 30th January 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st July, 2019-S. 81 vide notification No. S.O. 2269(E), dated 15th August, 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 3rd February, 2020-S. 230 (11) and (12), vide notification No. S.O. 525(E), dated 3rd February, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 21st December, 2020-S. 1, 3,6 to 10 (both inclusive), s. 12 to 17 (both inclusive), clauses (a) and (b) of s. 18, s. 19 to 21 (both inclusive), clause (i) of s. 22, 24,26, 28 to 31 (both inclusive), s. 33 to 39 (both inclusive), s. 41 to 44 (both inclusive), s. 46 to 51 (both inclusive), s. 54, 57, 61 and 63, vide notification No. S.O. 4646(E), dated 21st December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during 1[the immediately preceding financial year] shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director:
2[Provided that where a company is not required to appoint an independent director under sub-section (4) of section 149, it shall have in its Corporate Social Responsibility Committee two or more directors.] (2) The Board's report under sub-section (3) of section 134 shall disclose the composition of the Corporate Social Responsibility Committee. (3) The Corporate Social Responsibility Committee shall,-- (a) formulate and recommend to the Board, a Corporate Social Responsibility Policy which shall indicate the activities to be undertaken by the company 3[in areas or subject, specified in Schedule VII]; (b) recommend the amount of expenditure to be incurred on the activities referred to in clause (a); and (c) monitor the Corporate Social Responsibility Policy of the company from time to time. (4) The Board of every company referred to in sub-section (1) shall,-- (a) after taking into account the recommendations made by the Corporate Social Responsibility Committee, approve the Corporate Social Responsibility Policy for the company and disclose contents of such Policy in its report and also place it on the company's website, if any, in such manner as may be prescribed; and (b) ensure that the activities as are included in Corporate Social Responsibility Policy of the company are undertaken by the company. (5) The Board of every company referred to in sub-section (1), shall ensure that the company spends, in every financial year, at least two per cent. of the average net profits of the company made during the three immediately preceding financial years, 4[or where the company has not completed the period of three financial years since its incorporation, during such immediately preceding financial years] in pursuance of its Corporate Social Responsibility Policy: Provided that the company shall give preference to the local area and areas around it where it operates, for spending the amount earmarked for Corporate Social Responsibility activities: Provided further that if the company fails to spend such amount, the Board shall, in its report made under clause (o) of sub-section (3) of section 134, specify the reasons for not spending the amount 5[and, unless the unspent amount relates to any ongoing project referred to in sub-section (6), transfer such unspent amount to a Fund specified in Schedule VII, within a period of six months of the expiry of the financial years]. 6[Provided also that if the company spends an amount in excess of the requirements provided under this sub-section, such company may set off such excess amount against the requirement to spend under this sub-section for such number of succeeding financial years and in such manner, as may be prescribed.] 7[Explanation.--For the purposes of this section "net profit" shall not include such sums as may be prescribed, and shall be calculated in accordance with the provisions of section 198.] 8[(6) Any amount remaining unspent under sub-section (5), pursuant to any ongoing project, fulfilling such conditions as may be prescribed, undertaken by a company in pursuance of its Corporate Social Responsibility Policy, shall be transferred by the company within a period of thirty days from the end of the financial year to a special account to be opened by the company in that behalf for that financial year in any scheduled bank to be called the Unspent Corporate Social Responsibility Account, and such amount shall be spent by the company in pursuance of its obligation towards the Corporate Social Responsibility Policy within a period of three financial years from the date of such transfer, failing which, the company shall transfer the same to a Fund specified in Schedule VII, within a period of thirty days from the date of completion of the third financial year. 9[(7) If a company is in default in complying with the provisions of sub-section (5) or sub-section (6), the company shall be liable to a penalty of twice the amount required to be transferred by the company to the Fund specified in Schedule VII or the Unspent Corporate Social Responsibility Account, as the case may be, or one crore rupees, whichever is less, and every officer of the company who is in default shall be liable to a penalty of one-tenth of the amount required to be transferred by the company to such Fund specified in Schedule VII, or the Unspent Corporate Social Responsibility Account, as the case may be, or two lakh rupees, whichever is less.] (8) The Central Government may give such general or special directions to a company or class of companies as it considers necessary to ensure compliance of provisions of this section and such company or class of companies shall comply with such directions.] 10[(9) Where the amount to be spent by a company under sub-section (5) does not exceed fifty lakh rupees, the requirement under sub-section (1) for constitution of the Corporate Social Responsibility Committee shall not be applicable and the functions of such Committee provided under this section shall, in such cases, be discharged by the Board of Directors of such company.]
1. Subs. by Act 1 of 2018, s. 37, for "any financial year" (w.e.f. 19-9-2018).
2. The proviso ins. by s. 37, ibid., (w.e.f. 19-9-2018). 3. Subs. by s. 37, ibid., for "as specified in Schedule VII" (w.e.f. 19-9-2018). 4. Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 5. Ins. by s. 21, ibid. (w.e.f. 22-1-2021). 6. The Proviso ins. by Act 29 of 2020, s. 27 (w.e.f. 22-1-2021). 7. Subs. by Act 1 of 2018, s. 37, for the Explanation (w.e.f. 19-9-2018). 8 Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 9. Subs. by Act 29 of 2020, s. 27, for sub-section (7) (w.e.f. 22-1-2021). 10. Ins. by s. 27, ibid. (w.e.f. 22-1-2021). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) 1*** a copy of the financial
statements, including consolidated financial statements, if any, auditors report and every other document
required by law to be annexed or attached to the financial statements, which are to be laid before a
company in its general meeting, shall be sent to every member of the company, to every trustee for the
debenture-holder of any debentures issued by the company, and to all persons other than such member or
trustee, being the person so entitled, not less than twenty-one days before the date of the meeting:
2[Provided that if the copies of the documents are sent less than twenty-one days before the date of the meeting, they shall, notwithstanding that fact, be deemed to have been duly sent if it is so agreed by members-- (a) holding, if the company has a share capital, majority in number entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or (b) having, if the company has no share capital, not less than ninety-five per cent. of the total voting power exercisable at the meeting: Provided further that] in the case of a listed company, the provisions of this sub-section shall be deemed to be complied with, if the copies of the documents are made available for inspection at its registered office during working hours for a period of twenty-one days before the date of the meeting and a statement containing the salient features of such documents in the prescribed form or copies of the documents, as the company may deem fit, is sent to every member of the company and to every trustee for the holders of any debentures issued by the company not less than twenty-one days before the date of the meeting unless the shareholders ask for full financial statements: 3[Provided also] that the Central Government may prescribe the manner of circulation of financial statements of companies having such net worth and turnover as may be prescribed: Provided also that a listed company shall also place its financial statements including consolidated financial statements, if any, and all other documents required to be attached thereto, on its website, which is maintained by or on behalf of the company: 4[Provided also that every listed company having a subsidiary or subsidiaries shall place separate audited accounts in respect of each of subsidiary on its website, if any: Provided also that a listed company which has a subsidiary incorporated outside India (herein referred to as foreign subsidiary)-- (a) where such foreign subsidiary is statutorily required to prepare consolidated financial statement under any law of the country of its incorporation, the requirement of this proviso shall be met if consolidated financial statement of such foreign subsidiary is placed on the website of the listed company; (b) where such foreign subsidiary is not required to get its financial statement audited under any law of the country of its incorporation and which does not get such financial statement audited, the holding Indian listed company may place such unaudited financial statement on its website and where such financial statement is in a language other than English, a translated copy of the financial statement in English shall also be placed on the website.] (2) A company shall allow every member or trustee of the holder of any debentures issued by the company to inspect the documents stated under sub-section (1) at its registered office during business hours. 5[Provided that every company having a subsidiary or subsidiaries shall provide a copy of separate audited or unaudited financial statements, as the case may be, as prepared in respect of each of its subsidiary to any member of the company who asks for it.] (3) If any default is made in complying with the provisions of this section, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees.
1. The words and figures "Without prejudice to the provisions of section 101" omitted by s. 38, ibid., (w.e.f. 9-2-2018).
2. Subs. by s. 38, ibid., for "Provided that" (w.e.f. 9-2-2018). 3. Subs. by s. 38, ibid., for "Provided further" (w.e.f. 9-2-2018). 4. Subs. by Act 1 of 2018, s. 38, for the Fourth proviso (w.e.f. 9-2-2018). 5. The proviso ins. by s. 38, ibid. (w.e.f. 9-2-2018). (1) The financial statements shall give a true and fair view of the state
of affairs of the company or companies, comply with the accounting standards notified under section 133
and shall be in the form or forms as may be provided for different class or classes of companies in
Schedule III:
Provided that the items contained in such financial statements shall be in accordance with the accounting standards: Provided further that nothing contained in this sub-section shall apply to any insurance or banking company or any company engaged in the generation or supply of electricity, or to any other class of company for which a form of financial statement has been specified in or under the Act governing such class of company: Provided also that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the company, merely by reason of the fact that they do not disclose-- (a) in the case of an insurance company, any matters which are not required to be disclosed by the Insurance Act, 1938 (4 of 1938), or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (b) in the case of a banking company, any matters which are not required to be disclosed by the Banking Regulation Act, 1949 (10 of 1949); (c) in the case of a company engaged in the generation or supply of electricity, any matters which are not required to be disclosed by the Electricity Act, 2003 (36 of 2003); (d) in the case of a company governed by any other law for the time being in force, any matters which are not required to be disclosed by that law. (2) At every annual general meeting of a company, the Board of Directors of the company shall lay before such meeting financial statements for the financial year. 1[(3) Where a company has one or more subsidiaries, it shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the company and of all the subsidiaries in the same form and manner as that of its own which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2): Provided that the company shall also attach along with its financial statement, a separate statement containing the salient features of the financial statement of its subsidiary or subsidiaries in such form as may be prescribed: Provided further that the Central Government may provide for the consolidation of accounts of companies in such manner as may be prescribed.] (4) The provisions of this Act applicable to the preparation, adoption and audit of the financial statements of a holding company shall, mutatis mutandis, apply to the consolidated financial statements referred to in sub-section (3). (5) Without prejudice to sub-section (1), where the financial statements of a company do not comply with the accounting standards referred to in sub-section (1), the company shall disclose in its financial statements, the deviation from the accounting standards, the reasons for such deviation and the financial effects, if any, arising out of such deviation (6) The Central Government may, on its own or on an application by a class or classes of companies, by notification, exempt any class or classes of companies from complying with any of the requirements of this section or the rules made thereunder, if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification. (7) If a company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person charged by the Board with the duty of complying with the requirements of this section and in the absence of any of the officers mentioned above, all the directors shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. Explanation.-- For the purposes of this section, except where the context otherwise requires, any reference to the financial statement shall include any notes annexed to or forming part of such financial statement, giving information required to be given and allowed to be given in the form of such notes under this Act.
1. Subs. by Act 1 of 2018, s. 33, for sub-section (3) (w.e.f. 7-5-2018).
(1) Every company shall prepare and keep at
its registered office books of account and other relevant books and papers and financial statement for
every financial year which give a true and fair view of the state of the affairs of the company, including
that of its branch office or offices, if any, and explain the transactions effected both at the registered office
and its branches and such books shall be kept on accrual basis and according to the double entry system
of accounting:
Provided that all or any of the books of account aforesaid and other relevant papers may be kept at such other place in India as the Board of Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place: Provided further that the company may keep such books of account or other relevant papers in electronic mode in such manner as may be prescribed. (2) Where a company has a branch office in India or outside India, it shall be deemed to have complied with the provisions of sub-section (1), if proper books of account relating to the transactions effected at the branch office are kept at that office and proper summarized returns periodically are sent by the branch office to the company at its registered office or the other place referred to in sub-section (1). (3) The books of account and other books and papers maintained by the company within India shall be open for inspection at the registered office of the company or at such other place in India by any director during business hours, and in the case of financial information, if any, maintained outside the country, copies of such financial information shall be maintained and produced for inspection by any director subject to such conditions as may be prescribed: Provided that the inspection in respect of any subsidiary of the company shall be done only by the person authorised in this behalf by a resolution of the Board of Directors. (4) Where an inspection is made under sub-section (3), the officers and other employees of the company shall give to the person making such inspection all assistance in connection with the inspection which the company may reasonably be expected to give. (5) The books of account of every company relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of all the preceding years together with the vouchers relevant to any entry in such books of account shall be kept in good order: Provided that where an investigation has been ordered in respect of the company under Chapter XIV, the Central Government may direct that the books of account may be kept for such longer period as it may deem fit. (6) If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial Officer or such other person of the company shall be punishable 1*** with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees 2***.
1. The words [with imprisonment for a term which may extend to one year or] omitted by Act 29 of 2020, s. 24 (w.e.f. 21-21-
2020).
2. The words [or with both] omitted by s. 24, ibid. (w.e.f. 21-12-2020). The Central Government may
prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of
Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949
(38 of 1949), in consultation with and after examination of the recommendations made by the National
Financial Reporting Authority:
1[Provided that until the National Financial Reporting Authority is constituted under section 132 of the Companies Act, 2013 (18 of 2013), the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by National Advisory Committee on Accounting Standards constituted under section 210A of the Companies Act, 1956 (1 of 1956).]
1. Ins. by notification No. S.O. 1227(E), dated 29th March, 2016 (w.e.f 1-4-2015).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. 1[(1) The financial statement, including
consolidated financial statement, if any, shall be approved by the Board of Directors before they are
signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or
by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the
case of One Person Company, only by one director, for submission to the auditor for his report thereon.]
(2) The auditors report shall be attached to every financial statement. (3) There shall be attached to statements laid before a company in general meeting, a report by its Board of Directors, which shall include-- 2[(a) the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed;] (b) number of meetings of the Board; (c) Directors Responsibility Statement; 3[(ca) details in respect of frauds reported by auditors under sub-section (12) of section 143 other than those which are reportable to the Central Government;] (d) a statement on declaration given by independent directors under sub-section (6) of section 149; (e) in case of a company covered under sub-section (1) of section 178, companys policy on directors appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178; (f) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made-- (i) by the auditor in his report; and (ii) by the company secretary in practice in his secretarial audit report; (g) particulars of loans, guarantees or investments under section 186; (h) particulars of contracts or arrangements with related parties referred to in sub-section (1) of section 188 in the prescribed form; (i) the state of the companys affairs; (j) the amounts, if any, which it proposes to carry to any reserves; (k) the amount, if any, which it recommends should be paid by way of dividend; (l) material changes and commitments, if any, affecting the financial position of the company which have occurred between the end of the financial year of the company to which the financial statements relate and the date of the report; (m) the conservation of energy, technology absorption, foreign exchange earnings and outgo, in such manner as may be prescribed; (n) a statement indicating development and implementation of a risk management policy for the company including identification therein of elements of risk, if any, which in the opinion of the Board may threaten the existence of the company; (o) the details about the policy developed and implemented by the company incorporate social responsibility initiatives taken during the year; (p) in case of a listed company and every other public company having such paid-up share capital as may be prescribed, a statement indicating the manner in which formal 4 annual evaluation of the performance of the Board, its Committees and of individual directors has been made; (q) such other matters as may be prescribed: 5[Provided that where disclosures referred to in this sub-section have been included in the financial statements, such disclosures shall be referred to instead of being repeated in the Board's report: Provided further that where the policy referred to in clause (e) or clause (o) is made available on company's website, if any, it shall be sufficient compliance of the requirements under such clauses if the salient features of the policy and any change therein are specified in brief in the Board's report and the web-address is indicated therein at which the complete policy is available.] 6[(3A) The Central Government may prescribe an abridged Board's report, for the purpose of compliance with this section by One Person Company or small company.] (4) The report of the Board of Directors to be attached to the financial statement under this section shall, in case of a One Person Company, mean a report containing explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made by the auditor in his report. (5) The Directors Responsibility Statement referred to in clause (c) of sub-section (3) shall state that-- (a) in the preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures; (b) the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period; (c) the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this Act for safeguarding the assets of the company and for preventing and detecting fraud another irregularities; (d) the directors had prepared the annual accounts on a going concern basis; and (e) the directors, in the case of a listed company, had laid down internal financial controls to be followed by the company and that such internal financial controls are adequate and were operating effectively. Explanation.-- For the purposes of this clause, the term internal financial controls means the policies and procedures adopted by the company for ensuring the orderly and efficient conduct of its business, including adherence to companys policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation of reliable financial information; (f) the directors had devised proper systems to ensure compliance with the provisions of all applicable laws and that such systems were adequate and operating effectively. (6) The Boards report and any annexures thereto under sub-section (3) shall be signed by its chairperson of the company if he is authorised by the Board and where he is not so authorised, shall be signed by at least two directors, one of whom shall be a managing director, or by the director where there is one director. (7) A signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published along with a copy each of-- (a) any notes annexed to or forming part of such financial statement; (b) the auditors report; and (c) the Boards report referred to in sub-section (3). 7 [(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 1 of 2018, s. 36 (w.e.f. 31-7-2018).
2. Subs by Act 1 of 2018, s. 36, for clause (a) (w.e.f. 31-7-2018). 3. Ins. by Act 21 of 2015, s. 12 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 36 for "annual evaluation has been made by the Board of its own performance and that of its committees and individual directors" (w.e.f. 31-7-2018). 5. The provisos ins. by s. 36, ibid., (w.e.f. 31-7-2018). 6. Sub-section (3A) ins. by s. 36, ibid., (w.e.f. 31-7-2018). 7. Subs. by Act 29 of 2020, s. 26, for sub-section (8) (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- (a) the powers and duties of officers and employees appointed for the purposes of this Act and the terms and conditions of their service; (b) the form of-- (i) a certificate to commence or carry on the business of recruitment, and of an application for the issue or renewal thereof; (ii) a permit for the recruitment of persons for employment outside India, and of an application for the issue thereof; (iii) an application for emigration clearance; (iv) an appeal to be preferred to the Central Government; (c) the manner and form in which an authorisation by way of emigration clearance may be given; (d) particulars to be contained in an application for a certificate or a permit or for an emigration clearance; (e) the manner in which different inquiries required to be held under this Act may be held; (f) the manner in which the amount of security for securing the due performance of the terms and conditions of the certificate or permit or for compliance with the provisions of this Act shall be furnished; (g) the manner of verifying or authenticating documents and copies of documents for the purposes of this Act; (h) the procedure to be followed in hearing an appeal preferred to the Central Government; (i) the fees to be paid in respect of applications and other matters under this Act; (j) the charges which a recruiting agent may recover from an emigrant in respect of services rendered and the scales and limits of such charges; (k) the terms and conditions subject to which a certificate or a permit or an emigration clearance may be issued under this Act; (l) the period of the validity of a certificate or a permit issued under this Act; (m) the authority competent to extend the period of validity of a permit or to forfeit security or to require any additional security or fresh security under this Act; (n) the accommodation, the provisions, the medical stores and staff, the life saving and sanitary arrangements and other provisions and arrangement for the well-being, security and protection of emigrants which shall be provided and the records which shall be maintained in any emigrant conveyance. (o) any other matter which is required to be, or may be, prescribed. | ||||||||||||||||
Related Section(s)(1) The Tribunal shall consist of--
(a) a full time Chairperson; (b) not less than ten but subject to maximum of twenty full time Judicial Members as the Central Government may, from time to time, notify; (c) not less than ten but subject to maximum of twenty full time Expert Members, as the Central Government may, from time to time, notify. (2) The Chairperson of the Tribunal may, if considered necessary, invite any one or more person having specialised knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case. (3) The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal, and the territorial jurisdiction falling under each such place of sitting. (4) The Central Government may, in consultation with the Chairperson of the Tribunal, make rules regulating generally the practices and procedure of the Tribunal including-- (a) the rules as to the persons who shall be entitled to appear before the Tribunal; (b) the rules as to the procedure for hearing applications and appeals and other matters [including the circuit procedure for hearing at a place other than the ordinary place of its sitting falling within the jurisdiction referred to in sub-section (3)], pertaining to the applications and appeals; (c) the minimum number of Members who shall hear the applications and appeals in respect of any class or classes of applications and appeals: Provided that the number of Expert Members shall, in hearing an application or appeal, be equal to the number of Judicial Members hearing such application or appeal; (d) rules relating to transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting. | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The Central Government may, after consultation with the 1
[National
Bank] and the Sponsor Bank, by notification in the Official Gazette, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner in which the additional number of members of the Board may be filled in, under sub-section (2) of section 9; (b) the time and place at which the Board of directors of a Regional Rural Bank shall meet and the rules of procedure which shall be observed by the Board in regard to the transaction of business at its meetings, under sub-section (1) of section 14; 2 [(ba) the manner in which the officers and other employees of the Regional Rural Banks shall be appointed;] (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Subs. by s. 16, ibid., for "Reserve Bank" (w.e.f. 28-9-1988).
2 Ins. by s. 16, ibid. (w.e.f. 28-9-1988).
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Related Section(s)(1) If any citizen of India of full age and capacity, 1* * *, makes
in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be
registered by the prescribed authority; and, upon such registration, that person shall cease to be a
citizen of India:
Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs. (2) Where 2[a person] ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration 3[in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. 4* * * * *
1. The words "who is also a citizen or national of another country" omitted by Act 6 of 2004, s. 8 (w.e.f. 3-12-2004).
2. Subs. by Act 39 of 1992, s. 3, for "a male person" (w.e.f. 10-12-1987). 3. Ins. by Act 6 of 2004, s. 8 (w.e.f. 3-12-2014). 4. Omitted by s. 8, ibid. (w.e.f. 3-12-2004). (1) The Central Government may, by notification in the Official
Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 2[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 3[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 4[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 5[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 [Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both]. 7 [(4) Every rule made under this section 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 session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].
1. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).
2. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 3. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 4. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 5. The proviso ins. by Act 6 of 2004, s. 15 (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986) | ||||||||||||||||
Related Section(s)(1) Except as may be
otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be
valid in any other region, unless the permit has been countersigned by the Regional Transport Authority
of that other rigion, and a permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the Regional Transport Authority
concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that-- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 3* * * * * (11) The following shall be conditions of every permit granted under sub-section (9), namely:-- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. Explanation.-- In this section,-- (a) "appropriate authority", in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) "authorisation fee" means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) "national permit" means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
1. Subs. by Act 54 of 1994, s. 27, for "grant a special permit in relation to a vehicle covered" (w.e.f. 14-11-1994).
1. Subs. by Act 54 of 1994, s. 27 for "and 89" (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). (1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) Where the ownership of any motor vehicle registered under this
Chapter is transferred,--
(a) the transferor shall,-- (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)-- (A) the no objection certificate obtained under section 48; or (B) in a case where no such certificate has been obtained,-- (I) the receipt obtained under sub-section (2) of section 48; or (II) the postal acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted; (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. (2) Where-- (a) the person in whose name a motor vehicle stands registered dies, or (b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government. (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) hereafter in this section referred to as the other person fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2). (6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. (7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). (1) Subject to the provisions of sections 59 and 60,
a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it
carries a certificate of fitness in such form containing such particulars and information as may be
prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing
station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the
requirements of this Act and the rules made thereunder:
Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 1[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 2[(2) The "authorised testing station" referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.] (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 3[Provided that no such cancellation shall be made by the prescribed authority unless, -- (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: Provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority.] (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. 4[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as the Central Government may prescribe, the provisions of this section may be extended to non-transport vehicles.]
1. Ins. by, s. 23, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 23, ibid., for "sub-section (2)" (w.e.f. 1-9-2019). 3. The proviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1-9-2019). 4. Ins. by s. 23, ibid., (w.e.f. 1-9-2019). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). | ||||||||||||||||
Related Section(s)(1) 1*** a copy of the financial
statements, including consolidated financial statements, if any, auditors report and every other document
required by law to be annexed or attached to the financial statements, which are to be laid before a
company in its general meeting, shall be sent to every member of the company, to every trustee for the
debenture-holder of any debentures issued by the company, and to all persons other than such member or
trustee, being the person so entitled, not less than twenty-one days before the date of the meeting:
2[Provided that if the copies of the documents are sent less than twenty-one days before the date of the meeting, they shall, notwithstanding that fact, be deemed to have been duly sent if it is so agreed by members-- (a) holding, if the company has a share capital, majority in number entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or (b) having, if the company has no share capital, not less than ninety-five per cent. of the total voting power exercisable at the meeting: Provided further that] in the case of a listed company, the provisions of this sub-section shall be deemed to be complied with, if the copies of the documents are made available for inspection at its registered office during working hours for a period of twenty-one days before the date of the meeting and a statement containing the salient features of such documents in the prescribed form or copies of the documents, as the company may deem fit, is sent to every member of the company and to every trustee for the holders of any debentures issued by the company not less than twenty-one days before the date of the meeting unless the shareholders ask for full financial statements: 3[Provided also] that the Central Government may prescribe the manner of circulation of financial statements of companies having such net worth and turnover as may be prescribed: Provided also that a listed company shall also place its financial statements including consolidated financial statements, if any, and all other documents required to be attached thereto, on its website, which is maintained by or on behalf of the company: 4[Provided also that every listed company having a subsidiary or subsidiaries shall place separate audited accounts in respect of each of subsidiary on its website, if any: Provided also that a listed company which has a subsidiary incorporated outside India (herein referred to as foreign subsidiary)-- (a) where such foreign subsidiary is statutorily required to prepare consolidated financial statement under any law of the country of its incorporation, the requirement of this proviso shall be met if consolidated financial statement of such foreign subsidiary is placed on the website of the listed company; (b) where such foreign subsidiary is not required to get its financial statement audited under any law of the country of its incorporation and which does not get such financial statement audited, the holding Indian listed company may place such unaudited financial statement on its website and where such financial statement is in a language other than English, a translated copy of the financial statement in English shall also be placed on the website.] (2) A company shall allow every member or trustee of the holder of any debentures issued by the company to inspect the documents stated under sub-section (1) at its registered office during business hours. 5[Provided that every company having a subsidiary or subsidiaries shall provide a copy of separate audited or unaudited financial statements, as the case may be, as prepared in respect of each of its subsidiary to any member of the company who asks for it.] (3) If any default is made in complying with the provisions of this section, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees.
1. The words and figures "Without prejudice to the provisions of section 101" omitted by s. 38, ibid., (w.e.f. 9-2-2018).
2. Subs. by s. 38, ibid., for "Provided that" (w.e.f. 9-2-2018). 3. Subs. by s. 38, ibid., for "Provided further" (w.e.f. 9-2-2018). 4. Subs. by Act 1 of 2018, s. 38, for the Fourth proviso (w.e.f. 9-2-2018). 5. The proviso ins. by s. 38, ibid. (w.e.f. 9-2-2018). (1) The financial statements shall give a true and fair view of the state
of affairs of the company or companies, comply with the accounting standards notified under section 133
and shall be in the form or forms as may be provided for different class or classes of companies in
Schedule III:
Provided that the items contained in such financial statements shall be in accordance with the accounting standards: Provided further that nothing contained in this sub-section shall apply to any insurance or banking company or any company engaged in the generation or supply of electricity, or to any other class of company for which a form of financial statement has been specified in or under the Act governing such class of company: Provided also that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the company, merely by reason of the fact that they do not disclose-- (a) in the case of an insurance company, any matters which are not required to be disclosed by the Insurance Act, 1938 (4 of 1938), or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (b) in the case of a banking company, any matters which are not required to be disclosed by the Banking Regulation Act, 1949 (10 of 1949); (c) in the case of a company engaged in the generation or supply of electricity, any matters which are not required to be disclosed by the Electricity Act, 2003 (36 of 2003); (d) in the case of a company governed by any other law for the time being in force, any matters which are not required to be disclosed by that law. (2) At every annual general meeting of a company, the Board of Directors of the company shall lay before such meeting financial statements for the financial year. 1[(3) Where a company has one or more subsidiaries, it shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the company and of all the subsidiaries in the same form and manner as that of its own which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2): Provided that the company shall also attach along with its financial statement, a separate statement containing the salient features of the financial statement of its subsidiary or subsidiaries in such form as may be prescribed: Provided further that the Central Government may provide for the consolidation of accounts of companies in such manner as may be prescribed.] (4) The provisions of this Act applicable to the preparation, adoption and audit of the financial statements of a holding company shall, mutatis mutandis, apply to the consolidated financial statements referred to in sub-section (3). (5) Without prejudice to sub-section (1), where the financial statements of a company do not comply with the accounting standards referred to in sub-section (1), the company shall disclose in its financial statements, the deviation from the accounting standards, the reasons for such deviation and the financial effects, if any, arising out of such deviation (6) The Central Government may, on its own or on an application by a class or classes of companies, by notification, exempt any class or classes of companies from complying with any of the requirements of this section or the rules made thereunder, if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification. (7) If a company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person charged by the Board with the duty of complying with the requirements of this section and in the absence of any of the officers mentioned above, all the directors shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. Explanation.-- For the purposes of this section, except where the context otherwise requires, any reference to the financial statement shall include any notes annexed to or forming part of such financial statement, giving information required to be given and allowed to be given in the form of such notes under this Act.
1. Subs. by Act 1 of 2018, s. 33, for sub-section (3) (w.e.f. 7-5-2018).
(1) Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during 1[the immediately preceding financial year] shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director:
2[Provided that where a company is not required to appoint an independent director under sub-section (4) of section 149, it shall have in its Corporate Social Responsibility Committee two or more directors.] (2) The Board's report under sub-section (3) of section 134 shall disclose the composition of the Corporate Social Responsibility Committee. (3) The Corporate Social Responsibility Committee shall,-- (a) formulate and recommend to the Board, a Corporate Social Responsibility Policy which shall indicate the activities to be undertaken by the company 3[in areas or subject, specified in Schedule VII]; (b) recommend the amount of expenditure to be incurred on the activities referred to in clause (a); and (c) monitor the Corporate Social Responsibility Policy of the company from time to time. (4) The Board of every company referred to in sub-section (1) shall,-- (a) after taking into account the recommendations made by the Corporate Social Responsibility Committee, approve the Corporate Social Responsibility Policy for the company and disclose contents of such Policy in its report and also place it on the company's website, if any, in such manner as may be prescribed; and (b) ensure that the activities as are included in Corporate Social Responsibility Policy of the company are undertaken by the company. (5) The Board of every company referred to in sub-section (1), shall ensure that the company spends, in every financial year, at least two per cent. of the average net profits of the company made during the three immediately preceding financial years, 4[or where the company has not completed the period of three financial years since its incorporation, during such immediately preceding financial years] in pursuance of its Corporate Social Responsibility Policy: Provided that the company shall give preference to the local area and areas around it where it operates, for spending the amount earmarked for Corporate Social Responsibility activities: Provided further that if the company fails to spend such amount, the Board shall, in its report made under clause (o) of sub-section (3) of section 134, specify the reasons for not spending the amount 5[and, unless the unspent amount relates to any ongoing project referred to in sub-section (6), transfer such unspent amount to a Fund specified in Schedule VII, within a period of six months of the expiry of the financial years]. 6[Provided also that if the company spends an amount in excess of the requirements provided under this sub-section, such company may set off such excess amount against the requirement to spend under this sub-section for such number of succeeding financial years and in such manner, as may be prescribed.] 7[Explanation.--For the purposes of this section "net profit" shall not include such sums as may be prescribed, and shall be calculated in accordance with the provisions of section 198.] 8[(6) Any amount remaining unspent under sub-section (5), pursuant to any ongoing project, fulfilling such conditions as may be prescribed, undertaken by a company in pursuance of its Corporate Social Responsibility Policy, shall be transferred by the company within a period of thirty days from the end of the financial year to a special account to be opened by the company in that behalf for that financial year in any scheduled bank to be called the Unspent Corporate Social Responsibility Account, and such amount shall be spent by the company in pursuance of its obligation towards the Corporate Social Responsibility Policy within a period of three financial years from the date of such transfer, failing which, the company shall transfer the same to a Fund specified in Schedule VII, within a period of thirty days from the date of completion of the third financial year. 9[(7) If a company is in default in complying with the provisions of sub-section (5) or sub-section (6), the company shall be liable to a penalty of twice the amount required to be transferred by the company to the Fund specified in Schedule VII or the Unspent Corporate Social Responsibility Account, as the case may be, or one crore rupees, whichever is less, and every officer of the company who is in default shall be liable to a penalty of one-tenth of the amount required to be transferred by the company to such Fund specified in Schedule VII, or the Unspent Corporate Social Responsibility Account, as the case may be, or two lakh rupees, whichever is less.] (8) The Central Government may give such general or special directions to a company or class of companies as it considers necessary to ensure compliance of provisions of this section and such company or class of companies shall comply with such directions.] 10[(9) Where the amount to be spent by a company under sub-section (5) does not exceed fifty lakh rupees, the requirement under sub-section (1) for constitution of the Corporate Social Responsibility Committee shall not be applicable and the functions of such Committee provided under this section shall, in such cases, be discharged by the Board of Directors of such company.]
1. Subs. by Act 1 of 2018, s. 37, for "any financial year" (w.e.f. 19-9-2018).
2. The proviso ins. by s. 37, ibid., (w.e.f. 19-9-2018). 3. Subs. by s. 37, ibid., for "as specified in Schedule VII" (w.e.f. 19-9-2018). 4. Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 5. Ins. by s. 21, ibid. (w.e.f. 22-1-2021). 6. The Proviso ins. by Act 29 of 2020, s. 27 (w.e.f. 22-1-2021). 7. Subs. by Act 1 of 2018, s. 37, for the Explanation (w.e.f. 19-9-2018). 8 Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 9. Subs. by Act 29 of 2020, s. 27, for sub-section (7) (w.e.f. 22-1-2021). 10. Ins. by s. 27, ibid. (w.e.f. 22-1-2021). (1) Such class or classes of companies as may be prescribed shall be required
to appoint an internal auditor, who shall either be a chartered accountant or a cost accountant, or such
other professional as may be decided by the Board to conduct internal audit of the functions and activities
of the company.
(2) The Central Government may, by rules, prescribe the manner and the intervals in which the internal audit shall be conducted and reported to the Board. (1) Every company shall prepare and keep at
its registered office books of account and other relevant books and papers and financial statement for
every financial year which give a true and fair view of the state of the affairs of the company, including
that of its branch office or offices, if any, and explain the transactions effected both at the registered office
and its branches and such books shall be kept on accrual basis and according to the double entry system
of accounting:
Provided that all or any of the books of account aforesaid and other relevant papers may be kept at such other place in India as the Board of Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place: Provided further that the company may keep such books of account or other relevant papers in electronic mode in such manner as may be prescribed. (2) Where a company has a branch office in India or outside India, it shall be deemed to have complied with the provisions of sub-section (1), if proper books of account relating to the transactions effected at the branch office are kept at that office and proper summarized returns periodically are sent by the branch office to the company at its registered office or the other place referred to in sub-section (1). (3) The books of account and other books and papers maintained by the company within India shall be open for inspection at the registered office of the company or at such other place in India by any director during business hours, and in the case of financial information, if any, maintained outside the country, copies of such financial information shall be maintained and produced for inspection by any director subject to such conditions as may be prescribed: Provided that the inspection in respect of any subsidiary of the company shall be done only by the person authorised in this behalf by a resolution of the Board of Directors. (4) Where an inspection is made under sub-section (3), the officers and other employees of the company shall give to the person making such inspection all assistance in connection with the inspection which the company may reasonably be expected to give. (5) The books of account of every company relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of all the preceding years together with the vouchers relevant to any entry in such books of account shall be kept in good order: Provided that where an investigation has been ordered in respect of the company under Chapter XIV, the Central Government may direct that the books of account may be kept for such longer period as it may deem fit. (6) If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial Officer or such other person of the company shall be punishable 1*** with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees 2***.
1. The words [with imprisonment for a term which may extend to one year or] omitted by Act 29 of 2020, s. 24 (w.e.f. 21-21-
2020).
2. The words [or with both] omitted by s. 24, ibid. (w.e.f. 21-12-2020). The Central Government may
prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of
Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949
(38 of 1949), in consultation with and after examination of the recommendations made by the National
Financial Reporting Authority:
1[Provided that until the National Financial Reporting Authority is constituted under section 132 of the Companies Act, 2013 (18 of 2013), the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by National Advisory Committee on Accounting Standards constituted under section 210A of the Companies Act, 1956 (1 of 1956).]
1. Ins. by notification No. S.O. 1227(E), dated 29th March, 2016 (w.e.f 1-4-2015).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. 1[(1) The financial statement, including
consolidated financial statement, if any, shall be approved by the Board of Directors before they are
signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or
by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the
case of One Person Company, only by one director, for submission to the auditor for his report thereon.]
(2) The auditors report shall be attached to every financial statement. (3) There shall be attached to statements laid before a company in general meeting, a report by its Board of Directors, which shall include-- 2[(a) the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed;] (b) number of meetings of the Board; (c) Directors Responsibility Statement; 3[(ca) details in respect of frauds reported by auditors under sub-section (12) of section 143 other than those which are reportable to the Central Government;] (d) a statement on declaration given by independent directors under sub-section (6) of section 149; (e) in case of a company covered under sub-section (1) of section 178, companys policy on directors appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178; (f) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made-- (i) by the auditor in his report; and (ii) by the company secretary in practice in his secretarial audit report; (g) particulars of loans, guarantees or investments under section 186; (h) particulars of contracts or arrangements with related parties referred to in sub-section (1) of section 188 in the prescribed form; (i) the state of the companys affairs; (j) the amounts, if any, which it proposes to carry to any reserves; (k) the amount, if any, which it recommends should be paid by way of dividend; (l) material changes and commitments, if any, affecting the financial position of the company which have occurred between the end of the financial year of the company to which the financial statements relate and the date of the report; (m) the conservation of energy, technology absorption, foreign exchange earnings and outgo, in such manner as may be prescribed; (n) a statement indicating development and implementation of a risk management policy for the company including identification therein of elements of risk, if any, which in the opinion of the Board may threaten the existence of the company; (o) the details about the policy developed and implemented by the company incorporate social responsibility initiatives taken during the year; (p) in case of a listed company and every other public company having such paid-up share capital as may be prescribed, a statement indicating the manner in which formal 4 annual evaluation of the performance of the Board, its Committees and of individual directors has been made; (q) such other matters as may be prescribed: 5[Provided that where disclosures referred to in this sub-section have been included in the financial statements, such disclosures shall be referred to instead of being repeated in the Board's report: Provided further that where the policy referred to in clause (e) or clause (o) is made available on company's website, if any, it shall be sufficient compliance of the requirements under such clauses if the salient features of the policy and any change therein are specified in brief in the Board's report and the web-address is indicated therein at which the complete policy is available.] 6[(3A) The Central Government may prescribe an abridged Board's report, for the purpose of compliance with this section by One Person Company or small company.] (4) The report of the Board of Directors to be attached to the financial statement under this section shall, in case of a One Person Company, mean a report containing explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made by the auditor in his report. (5) The Directors Responsibility Statement referred to in clause (c) of sub-section (3) shall state that-- (a) in the preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures; (b) the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period; (c) the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this Act for safeguarding the assets of the company and for preventing and detecting fraud another irregularities; (d) the directors had prepared the annual accounts on a going concern basis; and (e) the directors, in the case of a listed company, had laid down internal financial controls to be followed by the company and that such internal financial controls are adequate and were operating effectively. Explanation.-- For the purposes of this clause, the term internal financial controls means the policies and procedures adopted by the company for ensuring the orderly and efficient conduct of its business, including adherence to companys policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation of reliable financial information; (f) the directors had devised proper systems to ensure compliance with the provisions of all applicable laws and that such systems were adequate and operating effectively. (6) The Boards report and any annexures thereto under sub-section (3) shall be signed by its chairperson of the company if he is authorised by the Board and where he is not so authorised, shall be signed by at least two directors, one of whom shall be a managing director, or by the director where there is one director. (7) A signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published along with a copy each of-- (a) any notes annexed to or forming part of such financial statement; (b) the auditors report; and (c) the Boards report referred to in sub-section (3). 7 [(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 1 of 2018, s. 36 (w.e.f. 31-7-2018).
2. Subs by Act 1 of 2018, s. 36, for clause (a) (w.e.f. 31-7-2018). 3. Ins. by Act 21 of 2015, s. 12 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 36 for "annual evaluation has been made by the Board of its own performance and that of its committees and individual directors" (w.e.f. 31-7-2018). 5. The provisos ins. by s. 36, ibid., (w.e.f. 31-7-2018). 6. Sub-section (3A) ins. by s. 36, ibid., (w.e.f. 31-7-2018). 7. Subs. by Act 29 of 2020, s. 26, for sub-section (8) (w.e.f. 21-12-2020). (1) A copy of the financial
statements, including consolidated financial statement, if any, along with all the documents which are
required to be or attached to such financial statements under this Act, duly adopted at the annual general
meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general
meeting in such manner, with such fees or additional fees as may be prescribed 1***:
Provided that where the financial statements under sub-section (1) are not adopted at annual general meeting or adjourned annual general meeting, such unadopted financial statements along with the required documents under sub-section (1) shall be filed with the Registrar within thirty days of the date of annual general meeting and the Registrar shall take them in his records as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose: Provided further that financial statements adopted in the adjourned annual general meeting shall be filed with the Registrar within thirty days of the date of such adjourned annual general meeting with such fees or such additional fees as may be prescribed 1***: Provided also that a One Person Company shall file a copy of the financial statements duly adopted by its member, along with all the documents which are required to be attached to such financial statements, within one hundred eighty days from the closure of the financial year: Provided also that a company shall, along with its financial statements to be filed with the Registrar, attach the accounts of its subsidiary or subsidiaries which have been incorporated outside India and which have not established their place of business in India. 2[Provided also that in the case of a subsidiary which has been incorporated outside India (herein referred to as foreign subsidiary), which is not required to get its financial statement audited under any law of the country of its incorporation and which does not get such financial statement audited, the requirements of the fourth proviso shall be met if the holding Indian company files such unaudited financial statement along with a declaration to this effect and where such financial statement is in a language other than English, along with a translated copy of the financial statement in English.] (2) Where the annual general meeting of a company for any year has not been held, the financial statements along with the documents required to be attached under sub-section (1), duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held and in such manner, with such fees or additional fees as may be prescribed 3***. (3) If a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may be, before the expiry of the period specified 4 [therein] the company shall be 5 [liable to a penalty] of 6 [ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees,] and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be 7 [shall be liable to a penalty of 8 [ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 9 [fifty thousand rupees.]
1. The words and figures "within the time specified under section 403" omitted by s. 39, ibid. (w.e.f. 7-5-2018).
2. The proviso ins. by s. 39, ibid. (w.e.f. 7-5-2018). 3. The words and figures "within the time specified, under section 403" omitted by Act 1 of 2018, s. 39 (w.e.f. 7-5-2018). 4. Subs. by s. 39, ibid., for "in section 403" (w.e.f. 7-5-2018). 5. Subs. by Act 22 of 2019, s. 22, for "punishable with fine" (w.e.f. 2-11-2018). 6. Subs. by Act 29 of 2020, s. 28, for "one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees" (w.e.f. 21-12-2020). 7. Subs. by s. 22, ibid., for "punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both" (w.e.f. 2-11-2018). 8. Subs. by Act 29 of 2020, s. 28, for "one lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 28, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)The Authority may undertake to carry
out on behalf of the Government or any local authority any works or services or any class of works or
services on such terms and conditions as may be agreed upon between the Authority and the Government
or local authority concerned.
The Authority may, by general or special order in writing, delegate to
the Chairman or any other member or to any officer of the Authority, subject to such conditions and
limitations, if any, as may be specified in the order, such of its powers and functions under this Act
(except its powers under section 35) as it may deem necessary.
The accounts of the Authority shall be maintained and audited in such
manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed and the
Authority shall furnish, to the Central Government before such date as may be prescribed, its audited
copy of accounts together with the auditors report thereon.
The Central Government
shall cause the annual report and auditor's report to be laid, as soon as may be, after they are received,
before each House of Parliament.
All members, officers and employees of
the Authority shall, when acting or purporting to act in pursuance of the provisions of this Act or of any
rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code (45 of 1860).
(1) If, at any time, the Central
Government is of opinion--
(a) that on account of a grave emergency the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act; or (c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding one year, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the Central Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Authority. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,-- (a) all the members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may-- (a) extend the period of supersession for such further term, not exceeding one year, as it may consider necessary; or (b) reconstitute the Authority by fresh appointment and in such a case, any person who vacated office under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) or sub-section (3) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament as soon as may be. Every rule and every 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 rule or regulation or
both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under
that rule or regulation.
All orders, decisions and
other instruments of the Authority shall be authenticated by the signature of the Chairman or any other
member or any officer of the Authority authorised by it in this behalf.
(1) With effect from such date as the Central Government may,
by notification in the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of
this Act an Authority to be called the National Highways Authority of India.
(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 1 [(3) The Authority shall consist of-- (a) a Chairman; (b) not more than six full-time members; and (c) not more than six part-time members, to be appointed by the Central Government by notification in the Official Gazette: Provided that the Central Government shall, while appointing the part-time members, ensure that at least two of them are non-Government professionals having knowledge or experience in financial management, transportation planning or any other relevant discipline.]
1. Subs. by Act 19 of 2013, s. 2, for sub-section 3 (w.e.f. 10-9-2013).
(1) No suit, prosecution or other legal proceeding
shall lie against the Authority or any member or officer or employee of the Authority for anything which
is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
(2) No suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer or employee of the Authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. (1) The Authority may, by notification in the
Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder to carry
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the times and places of the meetings of the Authority and the procedure to be followed for the transaction of business at such meetings; (b) the terms and conditions of service, method of recruitment and the remuneration of officers and other employees appointed by the Authority; (c) the form and manner in which a contract or class of contracts may be made by the Authority and the contracts or classes of contracts which are to be sealed with the common seal of the Authority; (d) the manner of preventing obstructions on the national highways for their normal functioning; (e) the manner of prohibiting the parking or waiting of any vehicle or carriage on the national highway except at places specified by the Authority; (f) the manner of prohibiting or restricting access to any part of the national highway; (g) the manner of regulating or restricting advertisements on and around national highways; and (h) generally for the efficient and proper maintenance and management of the national highways. | ||||||||||||||||
Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 1[10B. Grant of mining lease in respect of notified minerals through auction.--- 2[(1) The
provisions of this section shall not apply to the,--
(a) cases falling under section 17A; (b) minerals specified in Part A of the First Schedule; (c) minerals specified in Part B of the First Schedule where the grade of atomic mineral is equal to or greater than such threshold value as maybe notified by the Central Government from time to time; or (d) land in respect of which the minerals do not vest in the Government.] (2) Where there is inadequate evidence to show the existence of mineral contents of any notified mineral in respect of any area, a State Government may, 3*** grant a 4[composite licence] for the said notified mineral in such area in accordance with the procedure laid down in section 11. (3) In areas where the existence of mineral contents of any notified mineral is established in the manner prescribed by the Central Government, the State Government shall notify such areas for grant of mining leases for such notified mineral, the terms and conditions subject to which such mining leases shall be granted, and any other relevant conditions, in such manner as may be prescribed by the Central Government. 5[Provided that where the State Government has not notified such area for grant of mining lease after establishment of existence of mineral contents of any mineral (whether notified mineral or otherwise), the Central Government may require the State Government to notify such area within a period to be fixed in consultation with the State Government and in cases where the notification is not issued within such period, the Central Government may notify such area for grant of mining lease after the expiry of the period so specified.] (4) For the purpose of granting a mining lease in respect of any notified mineral in such notified area, the State Government shall select, through auction by a method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this Act. 5[Provided that--- (a) where the State Government has not successfully completed auction for the purpose of granting a mining lease in respect of any mineral (whether notified mineral or otherwise) in such notified area; or (b) upon completion of such auction, the mining lease or letter of intent for grant of mining lease has been terminated or lapsed for any reason whatsoever, the Central Government may require the State Government to conduct and complete the auction or re-auction process, as the case may be, within a period to be fixed in consultation with the State Government and in cases where such auction or re-auction process is not completed within such period, the Central Government may conduct auction for grant of mining lease for such area after the expiry of the period so specified: Provided further that upon successful completion of the auction, the Central Government shall intimate the details of the preferred bidder in the auction to the State Government and the State Government shall grant mining lease for such area to such preferred bidder in such manner as may be prescribed by the CentralGovernment.] (5) The Central Government shall prescribe the terms and conditions, and procedure, subject to which the auction shall be conducted, including the bidding parameters for the selection, which may include a share in the production of the mineral, or any payment linked to the royalty payable, or any other relevant parameter, or any combination or modification of them. (6) Without prejudice to the generality of sub-section (5), the Central Government shall, if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of mineral deposits and a State or States, subject to which the auction shall be conducted: 6[Provided that no mine shall be reserved for captive purpose in the auction.] (7) The State Government shall grant a mining lease to an applicant selected in accordance with the procedure laid down in this section in respect of such notified mineral in any notified area.]
1. Ins. by Act 10 of 2015, s. 10 (w.e.f. 12-1-2015).
2. Subs. by Act 16 of 2021, s. 14, for sub-section (1) (w.e.f. 28-3-2021). 3. The words ", after obtaining the previous approval of the Central Government," omitted by Act 28 of 2025, s. 6 (w.e.f. 1-9- 2025). 4. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 5. Ins. by s. 14, ibid. (w.e.f. 28-3-2021). 6. Subs. by Act 16 of 2021, s. 14, for the proviso (w.e.f. 28-3-2021). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the compensation payable for death; (b) the nature of the injuries for which compensation shall be paid and the amount of such compensation. | ||||||||||||||||
Related Section(s)In this Act, unless the context otherwise requires,--
(1) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf; (2) "accounting standards" means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133; (3) "alter" or "alteration" includes the making of additions, omissions and substitutions; (4) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410; (5) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act; (6) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company. 1[Explanation.-- For the purpose of this clause,-- (a) the expression "significant influence" means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement; (b) the expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;] (7) "auditing standards" means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143; (8) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company; (9) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10) "Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company; (11) "body corporate" or "corporation" includes a company incorporated outside India, but does not include-- (i) a co-operative society registered under any law relating to co-operative societies; and (ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf; (12) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form; (13) "books of account" includes records maintained in respect of-- (i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place; (ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and (iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section; (14) "branch office", in relation to a company, means any establishment described as such by the company; (15) "called-up capital" means such part of the capital, which has been called for payment; (16) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage; (17) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act; (18) "Chief Executive Officer" means an officer of a company, who has been designated as such by it; (19) "Chief Financial Officer" means a person appointed as the Chief Financial Officer of a company; (20) "company" means a company incorporated under this Act or under any previous company law; (21) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; (22) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them; 2[(23) "Company Liquidator" means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;] (24) "company secretary" or "secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act; (25) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (26) "contributory" means a person liable to contribute towards the assets of the company in the event of its being wound up. Explanation.--For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory; (27) "control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner; 3[(28) "Cost Accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;] (29) "court" means-- (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii); (ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district; (iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law; (iv) the Special Court established under section 435; (v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law; (30) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not: 4[Provided that-- (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company, shall not be treated as debenture;] (31) "deposit" includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India; (32) "depository" means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); (33) "derivative" means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (34) "director" means a director appointed to the Board of a company; (35) "dividend" includes any interim dividend; (36) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form; (37) "employees stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price; (38) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force; (39) "financial institution" includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934 (2 of 1934); (40) "financial statement" in relation to a company, includes-- (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up: 5[Provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year: Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement;] 6[Provided also that] a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; (42) "foreign company" means any company or body corporate incorporated outside India which-- (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner; (43) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that-- (i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or (ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves; (44) "Global Depository Receipt" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts; (45) "Government company" means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company; (46) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies; 7[Explanation.-- For the purposes of this clause, the expression "company" includes any body corporate;] (47) "independent director" means an independent director referred to in sub-section (6) of section 149; (48) "Indian Depository Receipt" means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts; 8* * * * * (50) "issued capital" means such capital as the company issues from time to time for subscription; (51) "key managerial personnel", in relation to a company, means-- (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; 9*** 10[(v) such other officer, not more than one level below the directors who is in whole-time employment, designated as key managerial personnel by the Board; and (vi) such other officer as may be prescribed;] (52) "listed company" means a company which has any of its securities listed on any recognised stock exchange; 11 [Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies.] (53) "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not; (54) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of managing director, by whatever name called. Explanation.--For the purposes of this clause, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management; (55) "member", in relation to a company, means-- (i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members; (ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company; (iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository; (56) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; (57) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits 12[, securities premium account and debit or credit balance of profit and loss account,] after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; (58) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (59) "officer" includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity; (vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance; (vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; (61) "Official Liquidator" means an Official Liquidator appointed under sub-section (1) of section 59; (62) "One Person Company" means a company which has only one person as a member; (63) "ordinary or special resolution" means an ordinary resolution, or as the case may be, special resolution referred to in section 114; (64) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called; (65) "postal ballot" means voting by post or through any electronic mode; (66) "prescribed" means prescribed by rules made under this Act; (67)"previous company law" means any of the laws specified below:-- (i) Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866); (ii) the Indian Companies Act, 1866 (10 of 1866); (iii) the Indian Companies Act, 1882 (6 of 1882); (iv) the Indian Companies Act, 1913 (7 of 1913); (v) the Registration of Transferred Companies Ordinance, 1942 (Ord. 54 of 1942); (vi) the Companies Act, 1956 (1 of 1956); and (vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force-- (A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (B) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968), in so far as other corporations are concerned; (viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and (ix) the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961); (68) "private company" means a company having a minimum paid-up share capital 13*** as may be prescribed, and which by its articles,-- (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member: Provided further that-- (A) persons who are in the employment of the company; and (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and (iii) prohibits any invitation to the public to subscribe for any securities of the company; (69) "promoter" means a person-- (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or in directly whether as a share holder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity; (70) "prospectus" means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate; (71)"public company" means a company which-- (a) is not a private company; 14[and] (b) has a minimum paid-up share capital 15*** as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ; (72) "public financial institution" means-- (i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India: Provided that no institution shall be so notified unless-- (A) it has been established or constituted by or under any Central or State Act 16[other than this Act or the previous company law]; or (B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments; (73) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (74) "register of companies" means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act; (75) "Registrar" means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act; (76) "related party", with reference to a company, means-- (i) a director or his relative; (ii) a key managerial personnel or his relative; (iii) a firm, in which a director, manager or his relative is a partner; (iv) a private company in which a director or manager 16[or his relative] is a member or director; (v) a public company in which a director or manager is a director 17[and holds] along with his relatives, more than two per cent. of its paid-up share capital; (vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; (vii) any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; 18[(viii) any body corporate which is-- (A) a holding, subsidiary or an associate company of such company; (B) a subsidiary of a holding company to which it is also a subsidiary; or (C) an investing company or the venturer of the company. Explanation.-- For the purpose of this clause, "the investing company or the venturer of a company" means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate]; (ix) such other person as may be prescribed; (77) "relative", with reference to any person, means any one who is related to another, if-- (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed; (78) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961 (43 of 1961); (79) "Schedule" means a Schedule annexed to this Act; (80) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (81) "securities" means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (82) "Securities and Exchange Board" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (83) "Serious Fraud Investigation Office" means the office referred to in section 211; (84) "share" means a share in the share capital of a company and includes stock; (85) "small company" means a company, other than a public company,-- (i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 19[ten crore rupees]; 20[and] (ii) turnover of which 21[as per profit and loss account for the immediately preceding financial year] does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 25[one hundred crore rupees]: Provided that nothing in this clause shall apply to-- (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act; (86) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company; (87) "subsidiary company" or "subsidiary", in relation to any other company (that is to say the holding company), means a company in which the holding company-- (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the 23[total voting power] either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed. Explanation.--For the purposes of this clause,-- (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company's Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression company includes any body corporate; (d) "layer" in relation to a holding company means its subsidiary or subsidiaries; (88) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; (89) "total voting power", in relation to any matter, means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof or their proxies having a right to vote on that matter are present at the meeting and cast their votes; (90) "Tribunal" means the National Company Law Tribunal constituted under section 408; 24[(91) turnover means gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;] (92) "unlimited company" means a company not having any limit on the liability of its members; (93) "voting right" means the right of a member of a company to vote in any meeting of the company or by means of postal ballot; (94) "whole-time director" includes a director in the whole-time employment of the company; 25[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as applicable;] (95) words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts.
1. The Explanation subs. by Act 1 of 2018, s. 2 (w.e.f. 7-5-2018).
2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause (23) (w.e.f. 15-11-2016). 3. Subs. by Act 1 of 2018, s. 2, for clause (28) (w.e.f. 9-2-2018). 4. The Proviso ins. by s. 2, ibid. (w.e.f. 9-2-2018). 5. The proviso subs. by Act 22 of 2019, s. 2 (w.e.f. 2-11-2018). 6. Subs. by s. 2, ibid., for Provided further that (w.e.f. 2-11-2018). 7. The Explanation ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 8. Clause (49) omitted by s. 2, ibid. (w.e.f. 9-2-2018). 9. The word and omitted by s. 2, ibid. (w.e.f. 9-2-2018). 10. Subs. by s. 2, ibid., for sub-clause (v) (w.e.f. 9-2-2018). 11. The Proviso ins. by Act 29 of 2020, s. 2 (w.e.f. 22-1-2021). 12. Subs. by Act 1 of 2018, s. 2, for and securities premium account (w.e.f. 9-2-2018). 13. The words of one lakh rupees or such higher paid-up share capital omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 14. Ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 15. The words of five lakh rupees or such higher paid-up capital, omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 16. Ins. by S.O. 1894 (E), dated 24th July, 2014. 17. Subs. by S.O. 1820 (E), dated 9th July, 2014 for or holds . 18. Subs. by Act 1 of 2018, s. 2, for sub-clause (viii) (w.e.f. 9-2-2018). 19. Subs. by Act 1 of 2018, s. 2, for five crore rupees (w.e.f. 9-2-2018). 20. Subs. by notification No. S.O. 504(E), dated 13th February, 2015, for word or (w.e.f. 13-2-2015). 21. Subs. by Act 1 of 2018, s. 2, for as per its last profit and loss account (w.e.f. 9-2-2018). 22. Subs. by s. 2, ibid., for twenty crore rupees (w.e.f. 9-2-2018). 23. Subs. by s. 2, ibid., for total share capital (w.e.f. 7-5-2018). 24. Subs. by Act 1 of 2018, s. 2, for clause (91) (w.e.f. 9-2-2018). 25. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)1
[10A. Power to issue certificate of sale.—(1) Where the Custodian proposes to sell any enemy
immovable property vested in him, to any person, he may on receipt of the sale proceeds of such
property, issue a certificate of sale in favour of such person and such certificate of sale shall,
notwithstanding the fact that the original title deeds of the property have not been handed over to the
transferee, be valid and conclusive proof of ownership of such property by such person.
(2) Notwithstanding anything contained in any law for the time being in force, the certificate of sale, referred to in sub-section (1), issued by the Custodian shall be a valid instrument for the registration of the property in favour of the transferee and the registration in respect of enemy property for which such certificate of sale had been issued by the Custodian, shall not be refused on the ground of lack of original title deeds in respect of such property or for any such other reason.].
1. Ins. by Act 3 of 2017, s. 9 (w.e.f. 7-1-2016).
The
Central Government may, by notification in the Official Gazette, appoint a Custodian of Enemy
Property for Indian and one or more Deputy Custodians and Assistant Custodians or Enemy Property
for such local areas as may be specified in the notification:
Provided that the Custodian of Enemy Property for Indian and any Deputy Custodian or Assistant Custodian of Enemy Property appointed under the Defence of India Rules, 1962 1[or the Defence of India Rules, 1971, as the case may be], shall be deemed to have been appointed under this section.
1. Ins. by Act 40 of 1977, s. 4 (w.e.f. 27-9-1977).
1[8A. Sale of property by Custodian.—(1) Notwithstanding anything contained in any
judgment, decree or order of any court, tribunal or other authority or any law for the time being in
force, the Custodian may, within such time as may be specified by the Central Government in this
behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the
Central Government, by general or special order, enemy properties vested in him immediately
before the date of commencement of the Enemy Property (Amendment and Validation) Act, 2017
in accordance with the provisions of this Act, as amended by the Enemy Property (Amendment
and Validation) Act, 2017.
(2) The Custodian may, for the purpose of disposal of enemy property under sub-section (1), make requisition of the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. (3) The Custodian shall, on disposal of enemy property under sub-section (1) immediately deposit the sale proceeds into the Consolidated Fund of India and intimate details thereof to the Central Government. (4) The Custodian shall send a report to the Central Government at such intervals, as it may specify, for the enemy properties disposed of under sub-section (1), containing such details, (including the price for which such property has been sold and the particulars of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the Consolidated Fund of India) as it may specify. (5) The Central Government may, by general or special order, issue such directions to the Custodian on the matters relating to disposal of enemy property under sub-section (1) and such directions shall be binding upon the Custodian and the buyer of the enemy properties referred to in that sub-section and other persons connected to such sale or disposal. (6) The Central Government may, by general or special order, make such guidelines for disposal of enemy property under sub-section (1). (7) Notwithstanding anything contained in this section, the Central Government may direct that disposal of enemy property under sub-section (1) shall be made by any other authority or Ministry or Department instead of Custodian and in that case all the provisions of this section shall apply to such authority or Ministry or Department in respect of disposal of enemy property under sub-section (1). (8) Notwithstanding anything contained in sub-sections (1) to (7), the Central Government may deal with or utilise the enemy property in such manner as it may deem fit.]
1. Ins. by Act 3 of 2017, s. 8 (w.e.f. 7-1-2016).
1
[22A. Validation.—Notwithstanding anything contained in any judgment, decree or order of any
court, tribunal or other authority,—
(a) the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017, shall have and shall always be deemed to have effect for all purposes as if the provisions of this Act, as amended by the said Act, had been in force at all material times; (b) any enemy property divested from the Custodian to any person under the provisions of this Act, as it stood immediately before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, shall stand transferred to and vest or continue to vest, free from all encumbrances, in the Custodian in the same manner as it was vested in the Custodian before such divesting of enemy property under the provisions of this Act, as if the provisions of this Act, as amended by the aforesaid Act, were in force at all material times; (c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the Custodian vested in him under section 5 of this Act, as it stood before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, and such enemy property shall continue to vest in the Custodian under section 5 of this Act, as amended by the aforesaid Act, as the said section, as amended by the aforesaid Act was in force at all material times; (d) any transfer of any enemy property, vested in the Custodian, by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the Custodian which is contrary to the provisions of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 2017, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the Custodian under this Act.] 1. Ins. by s. 17, ibid. (w.e.f. 2-7-2010) 1[5A. Issue of certificate by Custodian. —The Custodian may, after making such inquiry as he
deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy
firm described in the order, vests in him under this Act and issue a certificate to this effect and such
certificate shall be the evidence of the facts stated therein.]
1. Ins. by Act 3 of 2017, s. 4 (w.e.f. 7-1-2016).
1[18. Transfer of property vested as enemy property in certain cases.—The Central
Government may, on receipt of a representation from a person, aggrieved by an order vesting a
property as enemy property in the Custodian within a period of thirty days from the date of receipt of
such order or from the date of its publication in the Official Gazette, whichever is earlier and after
giving a reasonable opportunity of being heard, if it is of the opinion that any enemy property vested
in the Custodian under this Act and remaining with him was not an enemy property, it may by general
or special order, direct the Custodian that such property vested as enemy property in the Custodian
may be transferred to the person from whom such property was acquired and vested in the Custodian.]
1. Subs. by s.12, ibid., for section 18 (w.e.f. 7-1-2016).
In this Act, unless the context otherwise requires,
(a) "Custodian" means the Custodian of Enemy Property for India appointed or deemed to have been appointed under section 3 and includes a Deputy Custodian and an Assistant Custodian of Enemy Property appointed or deemed to have been appointed under that section; (b) "enemy" or "enemy subject" or "enemy firm" means a person or country who or which was an enemy, 1[an enemy subject including his legal heir and successor whether or not a citizen of India or the citizen of a country which is not an enemy or the enemy, enemy subject or his legal heir and successor who has changed his nationality] or 2[an enemy firm, including its succeeding firm whether or not partners or members of such succeeding firm are citizen of India or the citizen of a country which is not an enemy or such firm which has changed its nationality], as the case may be, under the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962 3[or the Defence of India Act, 1971 (42 of 1971) and the Defence of India Rules, 1971], but 4[does not include a citizen of India other than those citizens of India, being the legal heir and successor of the "enemy" or "enemy subject" or "enemy firm--]. 5[Explanation 1.--For the purposes of this clause, the expression "does not include a citizen of India" shall exclude and shall always be deemed to have been excluded those citizens of India, who are or have been the legal heir and successor of an "enemy" or an "enemy subject" or an "enemy firm" which or who has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy. Explanation 2.--For the purposes of this clause, it is hereby clarified that nothing contained in this Act shall affect any right of the legal heir and successor referred to in this clause (not being inconsistent to the provisions of this Act) which have been conferred upon him under any other law for the time being in force;] (c) "enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm: Provided that where an individual enemy subject dies in the territories to which this Act extends, 5[or dies in any territory outside India], any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwithstanding his death, continue to be regarded as enemy property for the purposes of this Act; 6[Explanation 1.--For the purposes of this clause, it is hereby clarified that "enemy property" shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, continue and always be deemed to be continued as an enemy property. Explanation 2.--For the purposes of this clause, the expression "enemy property" shall mean and include and shall be deemed to have always meant and included all rights, titles and interest in, or any benefit arising out of, such property;] (d) "prescribed" means prescribed by rules made under this Act.
1. Subs. by Act 3 of 2017, s. 2 for enemy subject (w.e.f. 10-7-1968).
2. Subs. by s. 2, ibid., for certain words (w.e.f. 10-7-1968). 3. Ins. by Act 40 of 1977, s. 3 (w.e.f. 27-9-1977). 4. Subs. by Act 3 of 2017, s. 2, for certain words (w.e.f. 10-7-1968). 5. Ins. by s. 2, for ibid. (w.e.f. 10-7-1968). 6. Ins. by Act 3 of 2017, s. 2 (w.e.f. 10-7-1968). (1) The Central Government may make rules for carrying out the
purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for (a) the returns that may be called for by the Custodian under sub-section (1) of section 15 and the period within which such returns shall be submitted under sub-section (2) of that section; (b) the registers in which the returns relating to enemy property shall be recorded under section 16; (c) the fees for the inspection of registers and for obtaining copies of the relevant portions from the registers under sub-section (2) of section 16; 1* * * * * (e) any other matter which has to be or may be prescribed. (3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Clause (d) omitted by s.18, ibid. (w.e.f. 7-1-2016)
2. Subs. by Act 40 of 1977, s. 9, for certain words (w.e.f. 27-9- 1977) Where any order with respect to any
money or property is addressed to any person by the Custodian and accompanied by a certificate of
the Custodian that the money or property is money property vested in him under this Act, the
certificate shall be evidence of the facts stated therein and if that person complies with the orders of
the Custodian, he shall not be liable to any suit or other legal proceeding by reason only of such
compliance.
1
[(1)] Notwithstanding the expiration of the
Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy property
vested before such expiration in the Custodian of Enemy Property for India appointed under the said
Rules and continuing to vest in him immediately before the commencement of this Act, shall, as from
such commencement, vest in the Custodian.
2 [(2) Notwithstanding the expiration of the Defence of India Act, 1971 (12 of 1971) and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of the Enemy Property, (Amendment) Act, 1977 (40 of 1977) shall, as from such commencement, vest in the custodian.] 3[(3) The enemy property vested in the Custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, continue to remain, save as otherwise provided in this Act, vested in the Custodian. Explanation—.For the purposes of this sub-section, "enemy property vested in the Custodian" shall include and shall always be deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this Act.]
1. Section 5 renumbered as sub-section (1) thereof by s. 6, ibid. (w.e.f. 27-9-1977).
2. Ins. by s. 6, for ibid. (w.e.f. 27-9-1977).
3. Ins. by Act 3 of 2017, s. 3 (w.e.f. 10-7-1968).
(1) Where, in exercise of the powers
conferred by section 8, the Custodian proposes to sell any security issued by a company and
belonging to an enemy, the company may, with the consent of the Custodian, purchase the securities,
notwithstanding anything to the contrary in any law or in any regulations of the company and any
securities so purchased may be re-issued by the company as and when it thinks fit so to do.
(2) Where the Custodian executes and transfers any securities issued by a company, the company shall, on receipt of the transfer and an order in this behalf from the Custodian, register the securities in the name of the transferee, notwithstanding that the regulations of the company do not permit such registration in the absence of the certificate, script or other evidence of title relating to the securities transferred: Provided that any such registration shall be without prejudice to any lien or charge in favour of the company and to any other lien or charge of which the Custodian gives express notice to the company. Explanation.—In this section, "securities" includes shares, stocks, bonds, debentures and debenture stock but does not include bills of exchange. 1[(1) With respect to the
property vested in the Custodian under this Act, the Custodian may take or authorise the taking of
such measures as he considers necessary or expedient for preserving such property till it is disposed of
in accordance with the provisions of this Act.]
(2) Without prejudice to the generality of the foregoing provision, the Custodian or such person as may be specifically authorised by him in this behalf, may, for the said purpose, (i) carry on the business of the enemy; 2[(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of enemy property;] (ii) take action for recovering any money due to the enemy; (iii) make any contract and execute any document in the name and on behalf of the enemy; (iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities; 3[(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any]. (v) raise on the security of the property such loans as may be necessary; (vi) incur out of the property any expenditure including the payment of any taxes, duties, cesses and rates to Government or to any local authority and of any wages, salaries, pensions, provident fund contributions to, or in respect of, any employee of the enemy and the repayment of any debts due by the enemy to persons other than enemies; (vii) transfer by way of sale, mortgage or lease or otherwise dispose of any of the properties; (viii) invest any moneys held by him on behalf of enemies for the purchase of Treasury Bills or such other Government securities as may be approved by the Central Government for the purpose; (ix) make payments to the enemy and his dependents; (x) make payments on behalf of the enemy to persons other than those who are enemies, of dues outstanding on the 25th October, 1962 4[or on the 3rd December, 1971]; and (xi) make such other payments out of the funds of the enemy as may be directed by the Central Government. Explanation.In this sub-section and in sections 10 and 17, enemy includes an enemy subject and an enemy firm.
1. Subs. by Act 3 of 2017, s. 7, for sub-section (1) (w.e.f. 10-7-1968).
2 Ins. by s. 7, ibid. (w.e.f. 10-7-1968). 3 Ins. by s. 7, ibid. (w.e.f. 10-7-1968). 4. Ins. by Act 40 of 1977, s. 8 (w.e.f. 29-7-1977). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)The Highway Administration or the officer authorised in this behalf by
such Administration shall, if he desires to make any inquiry for the purposes of this Act, make a summary
inquiry in such manner as may be prescribed.
1[3. Establishment of Highway Administrations.]--(1) The Central Government shall, by notification
in the Official Gazette,--
(a) establish, for the purposes of this Act, a body or authority consisting of one or more officers of the Central Government or the State Government to be known as Highway Administration to exercise powers and discharge functions conferred on it under this Act; and (b) define the limits of the Highway within which, or the length of Highway on which, a Highway Administration shall have jurisdiction: Provided that the Central Government may, in the notification issued under this sub-section or by any general or special order, impose any condition or limitation subject to which a Highway Administration shall exercise powers and discharge functions conferred on it under this Act. (2) The Central Government may establish one or more Highway Administrations for a State or Union territory or for a Highway under sub-section (1). (3) Subject to the provisions of this Act, the Highway Administration shall exercise powers and discharge functions conferred on it under this Act in such manner as may be prescribed.
1. Subs. by s. 167, ibid., for the Heading (w.e.f. 26-5-2017).
(1) Where a
Highway Administration or the officer authorised by such Administration in this behalf has removed any
unauthorised occupation or made any construction including alteration of construction in respect of any
unauthorised occupation or repaired any damage under sub-section (2) of section 36, the expenditure
incurred in such removal or repair together with fifteen per cent. of additional charges or any fine
imposed under this Act shall be recoverable in the manner hereinafter provided in this section.
(2) The Highway Administration or the officer authorised in this behalf by such Administration shall serve a copy of the bill in the prescribed form indicating therein the expenditure, additional charges or fine recoverable under sub-section (1) on the person from whom such expenditure, additional charges or fine is recoverable and the provisions of section 26 relating to the service of notice shall apply for the service of copy of the bill under this sub-section as if for the word "notice" the word "bill" has been substituted in that section. (3) A copy of the bill referred to in sub-section (2) shall be accompanied with a certificate issued by the Highway Administration or the officer authorised by such Administration in this behalf and the amount indicated in the bill shall be the conclusive proof that such amount is the expenditure actually incurred for all or any of the purposes referred to in sub-section (1) as indicated in the bill. (4) Where a Highway Administration or the officer authorised in this behalf by such Administration has removed any unauthorised occupation or made any construction including alteration of construction in respect of any unauthorised occupation or repaired any damage under sub-section (2) of section 36, the material, if any, recovered as a result of such removal, construction, alteration or repair shall be retained in possession of the Highway Administration or such officer till the payment of the bill in respect thereof served under sub-section (2) and on payment of such bill such material shall be returned to the person entitled for the material, but in case of the failure of such payment within the time specified for the payment in the bill, the material may be sold by auction by the Highway Administration or such officer and after deduction of the amount payable under the bill from the proceeds of the auction, the balance, if any, shall be returned to the person entitled therefor. (5) In case where the proceeds of the auction under sub-section (4) is less than the amount recoverable under the bill referred to in that sub-section, the difference between such proceeds and the amount so recoverable or where no such auction has been made, the amount recoverable under the bill shall, in case of failure of the payment within the time specified in the bill, be recoverable as the arrears of land revenue. If the Highway Administration is satisfied that it is
necessary in the interest of public safety or convenience, or because of the nature of any road or bridge so
to do, it may, by notification in the Official Gazette, prohibit or restrict, subject to such exceptions or
conditions as may be specified in the notification, the use of any Highway or part thereof by a class or
classes of traffic either generally or on specified occasion or time as specified in the notification and when
such prohibition or restriction is imposed, the Highway Administration shall cause such traffic signs to be
placed or erected at suitable places for the convenience of the traffic as may be prescribed:
Provided that where any prohibition or restriction under this section is to be remained for a period of one month or less, such prohibition or restriction may be imposed without issuing notification in the Official Gazette: Provided further that the prohibition or restriction imposed under the first proviso shall be published widely for the knowledge of the users by other possible means. (1) No person in charge of, or
in possession of, any vehicle or animal shall allow such vehicle or animal to stand or proceed on a
Highway unless the same is under such safety control as may be prescribed.
(2) Where, in contravention of sub-section (1), any obstruction on the Highway is caused, the vehicle or animal causing such obstruction shall be caused to be towed away by the Highway Administration to remove such obstruction on the Highway and the vehicle or animal so towed away shall be taken into possession by the Highway Administration and shall be handed over to the owner thereof in the manner, by payment to the Highway Administration, the expenses incurred in such removal, as may be prescribed. (3) In case where the expenses in respect of the vehicle or animal taken into possession under sub-section (2) have not been paid in the manner prescribed under that sub-section, the Highway Administration shall sell such vehicle or animal by auction and the proceeds of the auction shall be the property of the Central Government. (4) Any person who has unauthorised occupation on a highway land shall be summarily evicted by the Highway Administration in the manner specified in section 26 for removal of unauthorised occupation and shall be liable to fine imposed by the Highway Administration which shall not be less than five hundred rupees per square metre of the unauthorisedly occupied land by him but which may be extended to the cost of such land. (1) Notwithstanding anything contained in any other law for
the time being in force, no person other than a Highway Administration or a person authorised by such
Administration in this behalf shall construct, install, shift, repair, alter or carry any poles, pillars,
advertisement towers, transformers, cable wire, pipe, drain, sewer, canal, railway line, tramway,
telephone boxes, repeater station, street, path or passage of any kind on highway land or across, under or
over any Highway except with the prior permission in writing of the Highway Administration for such
purpose.
(2) Any person who intends to obtain the permission under sub-section (1) shall make an application in the prescribed form to the Highway Administration containing therein the purpose and period of occupancy of Highway, location and part of the Highway to be occupied, method of execution of work, period of construction and method of restoration of such part of the Highway. (3) The Highway Administration shall consider the application made under sub-section (1) and if it is satisfied that there is no alternative other than the Highway in respect of which the permission is sought under the application where the land can be found to locate the public utility, it may give permission in writing as sought in the application: Provided that while giving such permission, the Highway Administration may impose such conditions as it may deem fit to protect-- (i) the Highway from damage; and (ii) the traffic on the Highway from obstruction, and may also impose such fees and other charges as may be prescribed on the person to whom such permission is given in respect of any land forming part of the Highway, occupied or applied to the proposed work or construction under permission and also impose on such person the expenditure, if any, incurred by the Highway Administration for repairing any damage caused to the Highway by laying or shifting of any structure, article or equipment under the permission. (4) If any person, in contravention of sub-section (1), makes any construction or carries out any other work, the Highway Administration may, at its own expenses, cause such construction or other work to be removed from the Highway and restore the Highway in the condition as it was immediately before giving permission for such construction or other work under sub-section (3) and such expenses together with fifteen per cent. thereof as additional charges and fine imposed by the Highway Administration taking into account the nature of the damages caused by such construction or other work, which shall not be less than five hundred rupees per square metre of land used for such construction or other work, but shall not exceed the cost of such land, shall be recovered from such person in accordance with the provisions contained in section 27 as if such expenses, additional charges and fine were the expenses, additional charges and fine recoverable under that section. The Central Government may, at any time, by notification in
the Official Gazette, transfer the jurisdiction of a Highway Administration defined under clause (b) of
sub-section (1) of section 3 to other Highway Administration, and on the transfer the Highway
Administration shall cease to have and such other Highway Administration shall, subject to the
conditions, if any, specified in the notification, have all the powers and authority exercisable by the
Highway Administration before such transfer of jurisdiction.
(1) All lands forming parts
of a Highway which vest in the Central Government or which do not already vest in the Central
Government but have been acquired for the purpose of Highway shall, for the purposes of this Act, and
other Central Acts, be deemed to be the property of the Central Government as owner thereof.
(2) The Highway Administration shall cause to be maintained a record in the prescribed manner in which the particulars of the lands, relating to the Highway, of which the Central Government is the owner shall be entered and the entries of the particulars of such lands in any record maintained for such purpose before the commencement of this Act shall be deemed to be the entry of the particulars of such lands made in the first said record and accordingly the Central Government shall be deemed to be the owner of the lands regarding which the entries have been made in such records maintained before the commencement of this Act. (3) Any person claiming against the ownership of the Central Government referred to in sub-section (2) shall make written complaint to the Highway Administration and prove his claim before it and the Highway Administration, after considering the evidence produced by such person, may correct such records or reject the claim. (1) No person shall occupy any highway land or
discharge any material through drain on such land without obtaining prior permission, for such purpose in
writing, of the Highway Administration or any officer authorised by such Administration in this behalf.
(2) The Highway Administration or the officer authorised under sub-section (1) may, on an application made by a person in this behalf and having regard to the safety and convenience of traffic, grant permission to such person-- (i) to place a movable structure on the Highway in front of any building owned by him or to make a movable structure on support of such building and over the Highway, or (ii) to put up a temporary lawning or tent or other similar construction or a temporary stall or scaffolding on the Highway, or (iii) to deposit or cause to be deposited, building materials, goods, for sale or other articles on any Highway, or (iv) to make a temporary excavation for carrying out any repairs or improvements to adjoining buildings, and such permission shall be granted subject to the conditions and on payment of the rent and other charges by issuing permit in the form as may be prescribed: Provided that no such permission shall be valid beyond a period of one month at a time from the date on which the permission has been granted unless it is renewed by the Highway Administration or such officer on an application made by such person for the renewal of the permission. (3) The permission granted under sub-section (2) shall specify therein-- (i) the time up to which the permission is granted; (ii) the purpose of such permission; (iii) the portion of the Highway in respect of which the permission has been granted, and shall be accompanied with a plan or sketch of such portion of Highway. (4) The person, to whom the permit has been issued under sub-section (2), shall produce the permit for inspection whenever called upon to do so by any officer of the Highway Administration and shall, on the expiry of the permission granted under such permit, restore the portion of the Highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to the Highway Administration. (5) The Highway Administration or the officer issuing the permit under sub-section (2) shall maintain a complete record of all such permits issued, and shall also ensure in every case at the expiration of the period up to which the permission under a permit is granted under that sub-section that the possession of the portion of the Highway in respect of which such permission was granted has been delivered to the Highway Administration. (1) Where the Highway Administration or the officer
authorised by such Administration in this behalf is of the opinion that it is necessary in the interest of
traffic safety or convenience to cancel any permit issued under sub-section (2) of section 24, it may, after
recording the reasons in writing for doing so, cancel such permit and, thereupon, the person to whom the
permission was granted shall, within the period specified by an order made by the Highway
Administration or such officer restore the portion of the Highway specified in the permit in such condition
as it was immediately before the issuing of such permit and deliver the possession of such portion to the
Highway Administration and in case such person fails to deliver such possession within such period, he
shall be deemed to be in unauthorised occupation of highway land for the purposes of this section and
section 27.
(2) When, as a result of the periodical inspection of highway land or otherwise, the Highway Administration or the officer authorised by such Administration in this behalf is satisfied that any unauthorised occupation has taken place on highway land, the Highway Administration or the officer so authorised shall serve a notice in a prescribed form on the person causing or responsible for such unauthorised occupation requiring him to remove such unauthorised occupation and to restore such highway land in its original condition as before the unauthorised occupation within the period specified in the notice. (3) The notice under sub-section (2) shall specify therein the highway land in respect of which such notice is issued, the period within which the unauthorised occupation on such land is required to be removed, the place and time of hearing any representation, if any, which the person to whom the notice is addressed may make within the time specified in the notice and that failure to comply with such notice shall render the person specified in the notice liable to penalty, and summary eviction from the highway land in respect of which such notice is issued, under sub-section (6). (4) The service of the notice under sub-section (2) shall be made by delivering a copy thereof to the person to whom such notice is addressed or to his agent or other person on his behalf or by registered post addressed to the person to whom such notice is addressed and an acknowledgment purporting to be signed by such person or his agent or other person on his behalf or an endorsement by a postal employee that such person or his agent or such other person on his behalf has refused to take delivery may be deemed to be prima facie proof of service. (5) Where the service of the notice is not made in the manner provided under sub-section (4), the contents of the notice shall be advertised in a local newspaper for the knowledge of the person to whom the notice is addressed and such advertisement shall be deemed to be the service of such notice on such person. (6) Where the service of notice under sub-section (2) has been made under sub-section (4) or sub-section (5) and the unauthorised occupation on the highway land in respect of which such notice is served has not been removed within the time specified in the notice for such purpose and no reasonable cause has been shown before the Highway Administration or the officer authorised by such Administration in this behalf for not so removing unauthorised occupation, the Highway Administration or such officer as the case may be, shall cause such unauthorised occupation to be removed at the expenses of the Central Government or the State Government, as the case may be, and impose penalty on the person to whom the notice is addressed which shall be five hundred rupees per square metre of the land so unauthorisedly occupied and where the penalty so imposed is less than the cost of such land, the penalty may be extended equal to such cost. (7) Notwithstanding anything contained in this section, the Highway Administration or the officer authorised by such Administration in this behalf shall have power without issuing any notice under this section to remove the unauthorised occupation on the highway land, if such unauthorised occupation is in the nature of-- (a) exposing any goods or article-- (i) in open air; or (ii) through temporary stall, kiosk, booth or any other shop of temporary nature, (b) construction or erection, whether temporary or permanent, or (c) trespass or other unauthorised occupation which can be removed easily without use of any machine or other device, and in removing such occupation, the Highway Administration or such officer may take assistance of the police, if necessary, to remove such occupation by use of the reasonable force necessary for such removal. (8) Notwithstanding anything contained in this section, if the Highway Administration or the officer authorised by such Administration in this behalf is of the opinion that any unauthorised occupation on the highway land is of such a nature that the immediate removal of which is necessary in the interest of-- (a) the safety of traffic on the Highway; or (b) the safety of any structure forming part of the Highway, and no notice can be served on the person responsible for such unauthorised occupation under this section without undue delay owing to his absence or for any other reason, the Highway Administration or the officer authorised by such Administration may make such construction including alteration of any construction as may be feasible at the prescribed cost necessary for the safety referred to in clause (a) or clause (b) or have such unauthorised occupation removed in the manner specified in sub-section (7). (9) The Highway Administration or an officer authorised by such Administration in this behalf shall, for the purposes of this section or section 27, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; and (d) any other matter which may be prescribed, and any proceeding before such Administration or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860) and the Administration or the officer shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). (1) The general permission under
sub-section (1) of section 28 shall be given by issuing notification in the Official Gazette for such purpose
and specific permission under that sub-section shall be given in the manner specified hereinafter under
this section.
(2) Any person desirous of obtaining specific permission referred to in sub-section (1) may make an application in the prescribed form to the Highway Administration specifying therein the means of access to which such permission relates and shall also be accompanied with such fees as may be prescribed and the Highway Administration shall, after considering the application either give the permission with or without the terms and conditions as may be prescribed or reject the application as it may deem fit. (3) In case, where the permission has been given in respect of the application made under sub-section (2), the person to whom such permission has been given shall obtain the licence from the Highway Administration in the prescribed form enumerating therein the terms and conditions, if any, subject to which such permission has been given, and such permission shall be renewed after such period and in such manner as may be prescribed. (4) If any person contravenes the provisions of sub-section (1) of section 28 or violates any terms and conditions subject to which permission has been given under sub-section (2) including non-renewal of licence obtained under sub-section (3), his access to Highway under the permission under sub-section (1) or sub-section (3), as the case may be, shall be deemed to be unauthorised access and the Highway Administration or the officer authorised by such Administration shall have the power to remove such access and where necessary, the Highway Administration or such officer may use the necessary force with the assistance of the police to remove such access. (1) No person shall have right of access to a Highway either through any
vehicle or on foot by a group of five or more persons except permitted by the Highway Administration
either generally or specifically in the manner specified in section 29.
(2) The access to a Highway under sub-section (1) shall be subject to the guidelines and instructions issued by the Central Government from time to time. (3) The Highway Administration may, by notification in the Official Gazette, declare a Highway or any portion thereof to be limited for access in the manner as specified in such notification and may also impose any restriction or control on such access to, from or across such Highway as specified in that notification. Where the Highway
Administration is satisfied that the surface of a Highway or any part thereof, or any bridge, culvert or
causeway built on or across the Highway is not designed to carry vehicles of which the laden weight
exceeds a prescribed limit, it may, subject to such rules as may be made in this behalf, prohibit or restrict
the plying of such vehicles on or over such Highway or part thereof or such bridge, culvert or causeway,
as the case may be.
Save as otherwise provided in this Act, every notice or
bill issued or prepared under this Act may be served or presented in such manner as may be prescribed.
(1) The Central Government may, after previous publication, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner of exercising powers and discharge functions under sub-section (3) of section 3; 1 * * * * 2 * * * * (g) the manner for maintaining the records of the Highway Administration in which the lands are shown and the manner of proving claim for correction of such records under sub-section (2) of section 23; (h) the conditions subject to which, the rent and other charges on payment of which and the form in which permit may be issued for grant of permission under sub-section (2) of section 24; (i) the conditions, payment of rent and other charges for grant of lease or licence of highway land under section 25; (j) the form of notice under sub-section (2) of section 26; (k) the feasible cost for making construction including alteration of any construction under sub-section (8) of section 26; (l) the additional matter in respect of which the Highway Administration or an officer authorised by such Administration in this behalf may exercise the powers of a civil court under clause (d) of sub-section (9) of section 26; (m) the form of the bill under sub-section (2) of section 27; (n) the form of application, the fees to be accompanied therewith and the terms and conditions for permission under sub-section (2) of section 29; (o) the form of licence, the period and the manner of renewal of such licence under sub-section (3) of section 29; (p) the limit of laden weight and the provisions subject to which the plying of vehicles may be prohibited or restricted under section 32; (q) the traffic signs to be placed or erected under section 35; (r) the safety and control for allowing any vehicle or animal to stand or proceed on a Highway under sub-section (1) of section 37; (s) the manner of handing over the vehicle or animal to the owner and payment of expenses incurred in the removal of such vehicle or animal under sub-section (2) of section 37; (t) the form of application under sub-section (2) of section 38; (u) the fees and other charges to be imposed under sub-section (3) of section 38; (v) the manner of summary inquiry under section 43; (w) the manner of service or presentation of notice or bill under section 47; and (x) any other matter which is required to be, or may be, prescribed. (3) Every rule made or every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made or 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 agree that the rule or notification should not be made or issued, the 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 without prejudice to the validity of anything previously done under that rule or notification.
1. Clauses (b), (c), (d) and (e), omitted by Act 7 of 2017, s.167 (w.e.f. 26-5-2017).
2.Clause (f) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may--
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 1[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All 2[certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such 2[certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 3[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of-- (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.]
1. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023).
2. Subs. by s. 13, ibid., for "extracts" (w.e.f. 1-10-2023). 3. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). (1) The
1[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this
behalf, cause to be registered information as to births and deaths of citizens of India outside India received by
him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship
Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
1. Subs. by s. 2, ibid., for "Registrar-General" (w.e.f. 1-10-2023)
The State Government may, by notification in the Official Gazette,
divide the territory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(1) In this Act, unless the context otherwise requires,--
1[(a) "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (aa) "adoption" shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] "birth" means live-birth or still-birth; 1[(b) "database" means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] "death" means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) "foetal death" means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) "live-birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) "prescribed" means prescribed by rules made under this Act; (f) "State Government", in relation to a Union territory, means the Administrator thereof; (g) "still-birth" means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023).
2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). (1) No suit, prosecution or other legal proceeding
shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising
any power or performing any duty under this Act for anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for-- (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). (1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act. If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal
entry and add thereto the date of the correction or cancellation.
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Related Section(s)1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
1 Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
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Related Section(s)(1) A company may be formed for any lawful purpose by--
(a) seven or more persons, where the company to be formed is to be a public company; (b) two or more persons, where the company to be formed is to be a private company; or (c) one person, where the company to be formed is to be One Person Company that is to say, a private company, by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration: Provided that the memorandum of One Person Company shall indicate the name of the other person,with his prior written consent in the prescribed form, who shall, in the event of the subscribers death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles: Provided further that such other person may withdraw his consent in such manner as may be prescribed: Provided also that the member of One Person Company may at any time change the name of such other person by giving notice in such manner as may be prescribed: Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed: Provided also that any such change in the name of the person shall not be deemed to be an alteration of the memorandum. (2) A company formed under sub-section (1) may be either-- (a) a company limited by shares; or (b) a company limited by guarantee; or (c) an unlimited company. | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- (a) terms and conditions of service of the Chairperson and Members of the Commission and their salaries and allowances under section 6; (b) the procedure to be followed by the Commission in the transaction of its business at a meeting under sub-section (4) of section 10; (c) the powers and duties which may be exercised and performed by the Member- Secretary of the Commission under sub-section (2) of section 11; (d) the salary and allowances and other terms and conditions of service of officers and other employees of the Commission under sub-section (3) of section 11; and (e) form of the statement of accounts and other records to be prepared by the Commission under sub-section (1) of section 29. (3) Every rule 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 afore said, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121; 1[(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;] (b) the manner in which the licences and certificates may be produced to the police officer under section 130. 1[(c) providing for limits of urban city by the State Governments under sub-section (1) of section 136A; and (d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.]
1. Ins. by Act 32 of 2019, s. 48 (w.e.f. 1-9-2019)
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the compensation payable for death; (b) the nature of the injuries for which compensation shall be paid and the amount of such compensation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Chapter, the Central Government may, by order, in respect of
such class of companies engaged in the production of such goods or providing such services as may be
prescribed, direct that particulars relating to the utilisation of material or labour or to other items of cost
as may be prescribed shall also be included in the books of account kept by that class of companies:
Provided that the Central Government shall, before issuing such order in respect of any class of companies regulated under a special Act, consult the regulatory body constituted or established under such special Act. (2) If the Central Government is of the opinion, that it is necessary to do so, it may, by order, direct that the audit of cost records of class of companies, which are covered under sub-section (1) and which have a net worth of such amount as may be prescribed or a turnover of such amount as may be prescribed, shall be conducted in the manner specified in the order. (3) The audit under sub-section (2) shall be conducted by a 1[cost accountant] who shall be appointed by the Board on such remuneration as may be determined by the members in such manner as may be prescribed: Provided that no person appointed under section 139 as an auditor of the company shall be appointed for conducting the audit of cost records: Provided further that the auditor conducting the cost audit shall comply with the cost auditing standards. Explanation.-- For the purposes of this sub-section, the expression cost auditing standards mean such standards as are issued by the 2[Institute of Cost Accountants of India], constituted under the Cost and Works Accountants Act, 1959 (23 of 1959), with the approval of the Central Government. (4) An audit conducted under this section shall be in addition to the audit conducted under section 143. (5) The qualifications, disqualifications, rights, duties and obligations applicable to auditors under this Chapter shall, so far as may be applicable, apply to a cost auditor appointed under this section and it shall be the duty of the company to give all assistance and facilities to the cost auditor appointed under this section for auditing the cost records of the company: Provided that the report on the audit of cost records shall be submitted by the 3[cost accountant] to the Board of Directors of the company (6) A company shall within thirty days from the date of receipt of a copy of the cost audit report prepared in pursuance of a direction under sub-section (2) furnish the Central Government with such report along with full information and explanation on every reservation or qualification contained therein. (7) If, after considering the cost audit report referred to under this section and the information and explanation furnished by the company under sub-section (6), the Central Government is of the opinion that any further information or explanation is necessary, it may call for such further information and explanation and the company shall furnish the same within such time as may be specified by that Government. (8) If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147.
1. Subs. by Act 1 of 2018, s. 45, for Cost Accountant in practice(w.e.f. 9-2-2018).
2. Subs. by s. 45, ibid., for Institute of Cost and Works Accountants of India (w.e.f. 9-2-2018). 3. Subs. by s. 45, ibid., for cost accountant in practice(w.e.f. 9-2-2018). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) salary, terms and conditions of service of Chairperson and Members other than ex officio Members under sub-section (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7; (b) qualifications of Food Safety Officer under sub-section (1) of section 37; (c) the manner of taking the extract of documents seized under sub-clause (8) of section 38; (d) determination of cases for referring to appropriate courts and time-frame for such determination under sub-section (4) of section 42; (e) qualifications of Food Analysts under section 45; (f) the manner of sending sample for analysis and details of the procedure to be followed in this regard under sub-section (1) of section 47; (g) the procedure to be followed in adjudication of cases under sub-section (1) of section 68; (h) qualifications, terms of office, resignation and removal of Presiding Officer under sub-section (4), the procedure of appeal and powers of Tribunal under sub-section (5) of section 70; (i) any other matter relating to procedure and powers of Tribunal under clause of sub-section (2) of section 71; (j) the fee to be paid for preferring an appeal to the High Court under sub-section (1) of section 76; (k) form and time of preparing budget under sub-section (1) of section 81; (l) form and statement of accounts under sub-section (1) of section 83; (m) the form and time for preparing annual report by Food Authority under sub-section (1) of section 84; and (n) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government. | ||||||||||||||||
Related Section(s)(1) 1*** a copy of the financial
statements, including consolidated financial statements, if any, auditors report and every other document
required by law to be annexed or attached to the financial statements, which are to be laid before a
company in its general meeting, shall be sent to every member of the company, to every trustee for the
debenture-holder of any debentures issued by the company, and to all persons other than such member or
trustee, being the person so entitled, not less than twenty-one days before the date of the meeting:
2[Provided that if the copies of the documents are sent less than twenty-one days before the date of the meeting, they shall, notwithstanding that fact, be deemed to have been duly sent if it is so agreed by members-- (a) holding, if the company has a share capital, majority in number entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or (b) having, if the company has no share capital, not less than ninety-five per cent. of the total voting power exercisable at the meeting: Provided further that] in the case of a listed company, the provisions of this sub-section shall be deemed to be complied with, if the copies of the documents are made available for inspection at its registered office during working hours for a period of twenty-one days before the date of the meeting and a statement containing the salient features of such documents in the prescribed form or copies of the documents, as the company may deem fit, is sent to every member of the company and to every trustee for the holders of any debentures issued by the company not less than twenty-one days before the date of the meeting unless the shareholders ask for full financial statements: 3[Provided also] that the Central Government may prescribe the manner of circulation of financial statements of companies having such net worth and turnover as may be prescribed: Provided also that a listed company shall also place its financial statements including consolidated financial statements, if any, and all other documents required to be attached thereto, on its website, which is maintained by or on behalf of the company: 4[Provided also that every listed company having a subsidiary or subsidiaries shall place separate audited accounts in respect of each of subsidiary on its website, if any: Provided also that a listed company which has a subsidiary incorporated outside India (herein referred to as foreign subsidiary)-- (a) where such foreign subsidiary is statutorily required to prepare consolidated financial statement under any law of the country of its incorporation, the requirement of this proviso shall be met if consolidated financial statement of such foreign subsidiary is placed on the website of the listed company; (b) where such foreign subsidiary is not required to get its financial statement audited under any law of the country of its incorporation and which does not get such financial statement audited, the holding Indian listed company may place such unaudited financial statement on its website and where such financial statement is in a language other than English, a translated copy of the financial statement in English shall also be placed on the website.] (2) A company shall allow every member or trustee of the holder of any debentures issued by the company to inspect the documents stated under sub-section (1) at its registered office during business hours. 5[Provided that every company having a subsidiary or subsidiaries shall provide a copy of separate audited or unaudited financial statements, as the case may be, as prepared in respect of each of its subsidiary to any member of the company who asks for it.] (3) If any default is made in complying with the provisions of this section, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees.
1. The words and figures "Without prejudice to the provisions of section 101" omitted by s. 38, ibid., (w.e.f. 9-2-2018).
2. Subs. by s. 38, ibid., for "Provided that" (w.e.f. 9-2-2018). 3. Subs. by s. 38, ibid., for "Provided further" (w.e.f. 9-2-2018). 4. Subs. by Act 1 of 2018, s. 38, for the Fourth proviso (w.e.f. 9-2-2018). 5. The proviso ins. by s. 38, ibid. (w.e.f. 9-2-2018). (1) The financial statements shall give a true and fair view of the state
of affairs of the company or companies, comply with the accounting standards notified under section 133
and shall be in the form or forms as may be provided for different class or classes of companies in
Schedule III:
Provided that the items contained in such financial statements shall be in accordance with the accounting standards: Provided further that nothing contained in this sub-section shall apply to any insurance or banking company or any company engaged in the generation or supply of electricity, or to any other class of company for which a form of financial statement has been specified in or under the Act governing such class of company: Provided also that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the company, merely by reason of the fact that they do not disclose-- (a) in the case of an insurance company, any matters which are not required to be disclosed by the Insurance Act, 1938 (4 of 1938), or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (b) in the case of a banking company, any matters which are not required to be disclosed by the Banking Regulation Act, 1949 (10 of 1949); (c) in the case of a company engaged in the generation or supply of electricity, any matters which are not required to be disclosed by the Electricity Act, 2003 (36 of 2003); (d) in the case of a company governed by any other law for the time being in force, any matters which are not required to be disclosed by that law. (2) At every annual general meeting of a company, the Board of Directors of the company shall lay before such meeting financial statements for the financial year. 1[(3) Where a company has one or more subsidiaries, it shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the company and of all the subsidiaries in the same form and manner as that of its own which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2): Provided that the company shall also attach along with its financial statement, a separate statement containing the salient features of the financial statement of its subsidiary or subsidiaries in such form as may be prescribed: Provided further that the Central Government may provide for the consolidation of accounts of companies in such manner as may be prescribed.] (4) The provisions of this Act applicable to the preparation, adoption and audit of the financial statements of a holding company shall, mutatis mutandis, apply to the consolidated financial statements referred to in sub-section (3). (5) Without prejudice to sub-section (1), where the financial statements of a company do not comply with the accounting standards referred to in sub-section (1), the company shall disclose in its financial statements, the deviation from the accounting standards, the reasons for such deviation and the financial effects, if any, arising out of such deviation (6) The Central Government may, on its own or on an application by a class or classes of companies, by notification, exempt any class or classes of companies from complying with any of the requirements of this section or the rules made thereunder, if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification. (7) If a company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person charged by the Board with the duty of complying with the requirements of this section and in the absence of any of the officers mentioned above, all the directors shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. Explanation.-- For the purposes of this section, except where the context otherwise requires, any reference to the financial statement shall include any notes annexed to or forming part of such financial statement, giving information required to be given and allowed to be given in the form of such notes under this Act.
1. Subs. by Act 1 of 2018, s. 33, for sub-section (3) (w.e.f. 7-5-2018).
(1) Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during 1[the immediately preceding financial year] shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director:
2[Provided that where a company is not required to appoint an independent director under sub-section (4) of section 149, it shall have in its Corporate Social Responsibility Committee two or more directors.] (2) The Board's report under sub-section (3) of section 134 shall disclose the composition of the Corporate Social Responsibility Committee. (3) The Corporate Social Responsibility Committee shall,-- (a) formulate and recommend to the Board, a Corporate Social Responsibility Policy which shall indicate the activities to be undertaken by the company 3[in areas or subject, specified in Schedule VII]; (b) recommend the amount of expenditure to be incurred on the activities referred to in clause (a); and (c) monitor the Corporate Social Responsibility Policy of the company from time to time. (4) The Board of every company referred to in sub-section (1) shall,-- (a) after taking into account the recommendations made by the Corporate Social Responsibility Committee, approve the Corporate Social Responsibility Policy for the company and disclose contents of such Policy in its report and also place it on the company's website, if any, in such manner as may be prescribed; and (b) ensure that the activities as are included in Corporate Social Responsibility Policy of the company are undertaken by the company. (5) The Board of every company referred to in sub-section (1), shall ensure that the company spends, in every financial year, at least two per cent. of the average net profits of the company made during the three immediately preceding financial years, 4[or where the company has not completed the period of three financial years since its incorporation, during such immediately preceding financial years] in pursuance of its Corporate Social Responsibility Policy: Provided that the company shall give preference to the local area and areas around it where it operates, for spending the amount earmarked for Corporate Social Responsibility activities: Provided further that if the company fails to spend such amount, the Board shall, in its report made under clause (o) of sub-section (3) of section 134, specify the reasons for not spending the amount 5[and, unless the unspent amount relates to any ongoing project referred to in sub-section (6), transfer such unspent amount to a Fund specified in Schedule VII, within a period of six months of the expiry of the financial years]. 6[Provided also that if the company spends an amount in excess of the requirements provided under this sub-section, such company may set off such excess amount against the requirement to spend under this sub-section for such number of succeeding financial years and in such manner, as may be prescribed.] 7[Explanation.--For the purposes of this section "net profit" shall not include such sums as may be prescribed, and shall be calculated in accordance with the provisions of section 198.] 8[(6) Any amount remaining unspent under sub-section (5), pursuant to any ongoing project, fulfilling such conditions as may be prescribed, undertaken by a company in pursuance of its Corporate Social Responsibility Policy, shall be transferred by the company within a period of thirty days from the end of the financial year to a special account to be opened by the company in that behalf for that financial year in any scheduled bank to be called the Unspent Corporate Social Responsibility Account, and such amount shall be spent by the company in pursuance of its obligation towards the Corporate Social Responsibility Policy within a period of three financial years from the date of such transfer, failing which, the company shall transfer the same to a Fund specified in Schedule VII, within a period of thirty days from the date of completion of the third financial year. 9[(7) If a company is in default in complying with the provisions of sub-section (5) or sub-section (6), the company shall be liable to a penalty of twice the amount required to be transferred by the company to the Fund specified in Schedule VII or the Unspent Corporate Social Responsibility Account, as the case may be, or one crore rupees, whichever is less, and every officer of the company who is in default shall be liable to a penalty of one-tenth of the amount required to be transferred by the company to such Fund specified in Schedule VII, or the Unspent Corporate Social Responsibility Account, as the case may be, or two lakh rupees, whichever is less.] (8) The Central Government may give such general or special directions to a company or class of companies as it considers necessary to ensure compliance of provisions of this section and such company or class of companies shall comply with such directions.] 10[(9) Where the amount to be spent by a company under sub-section (5) does not exceed fifty lakh rupees, the requirement under sub-section (1) for constitution of the Corporate Social Responsibility Committee shall not be applicable and the functions of such Committee provided under this section shall, in such cases, be discharged by the Board of Directors of such company.]
1. Subs. by Act 1 of 2018, s. 37, for "any financial year" (w.e.f. 19-9-2018).
2. The proviso ins. by s. 37, ibid., (w.e.f. 19-9-2018). 3. Subs. by s. 37, ibid., for "as specified in Schedule VII" (w.e.f. 19-9-2018). 4. Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 5. Ins. by s. 21, ibid. (w.e.f. 22-1-2021). 6. The Proviso ins. by Act 29 of 2020, s. 27 (w.e.f. 22-1-2021). 7. Subs. by Act 1 of 2018, s. 37, for the Explanation (w.e.f. 19-9-2018). 8 Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 9. Subs. by Act 29 of 2020, s. 27, for sub-section (7) (w.e.f. 22-1-2021). 10. Ins. by s. 27, ibid. (w.e.f. 22-1-2021). (1) Such class or classes of companies as may be prescribed shall be required
to appoint an internal auditor, who shall either be a chartered accountant or a cost accountant, or such
other professional as may be decided by the Board to conduct internal audit of the functions and activities
of the company.
(2) The Central Government may, by rules, prescribe the manner and the intervals in which the internal audit shall be conducted and reported to the Board. (1) Every company shall prepare and keep at
its registered office books of account and other relevant books and papers and financial statement for
every financial year which give a true and fair view of the state of the affairs of the company, including
that of its branch office or offices, if any, and explain the transactions effected both at the registered office
and its branches and such books shall be kept on accrual basis and according to the double entry system
of accounting:
Provided that all or any of the books of account aforesaid and other relevant papers may be kept at such other place in India as the Board of Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place: Provided further that the company may keep such books of account or other relevant papers in electronic mode in such manner as may be prescribed. (2) Where a company has a branch office in India or outside India, it shall be deemed to have complied with the provisions of sub-section (1), if proper books of account relating to the transactions effected at the branch office are kept at that office and proper summarized returns periodically are sent by the branch office to the company at its registered office or the other place referred to in sub-section (1). (3) The books of account and other books and papers maintained by the company within India shall be open for inspection at the registered office of the company or at such other place in India by any director during business hours, and in the case of financial information, if any, maintained outside the country, copies of such financial information shall be maintained and produced for inspection by any director subject to such conditions as may be prescribed: Provided that the inspection in respect of any subsidiary of the company shall be done only by the person authorised in this behalf by a resolution of the Board of Directors. (4) Where an inspection is made under sub-section (3), the officers and other employees of the company shall give to the person making such inspection all assistance in connection with the inspection which the company may reasonably be expected to give. (5) The books of account of every company relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of all the preceding years together with the vouchers relevant to any entry in such books of account shall be kept in good order: Provided that where an investigation has been ordered in respect of the company under Chapter XIV, the Central Government may direct that the books of account may be kept for such longer period as it may deem fit. (6) If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial Officer or such other person of the company shall be punishable 1*** with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees 2***.
1. The words [with imprisonment for a term which may extend to one year or] omitted by Act 29 of 2020, s. 24 (w.e.f. 21-21-
2020).
2. The words [or with both] omitted by s. 24, ibid. (w.e.f. 21-12-2020). The Central Government may
prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of
Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949
(38 of 1949), in consultation with and after examination of the recommendations made by the National
Financial Reporting Authority:
1[Provided that until the National Financial Reporting Authority is constituted under section 132 of the Companies Act, 2013 (18 of 2013), the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by National Advisory Committee on Accounting Standards constituted under section 210A of the Companies Act, 1956 (1 of 1956).]
1. Ins. by notification No. S.O. 1227(E), dated 29th March, 2016 (w.e.f 1-4-2015).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. 1[(1) The financial statement, including
consolidated financial statement, if any, shall be approved by the Board of Directors before they are
signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or
by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the
case of One Person Company, only by one director, for submission to the auditor for his report thereon.]
(2) The auditors report shall be attached to every financial statement. (3) There shall be attached to statements laid before a company in general meeting, a report by its Board of Directors, which shall include-- 2[(a) the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed;] (b) number of meetings of the Board; (c) Directors Responsibility Statement; 3[(ca) details in respect of frauds reported by auditors under sub-section (12) of section 143 other than those which are reportable to the Central Government;] (d) a statement on declaration given by independent directors under sub-section (6) of section 149; (e) in case of a company covered under sub-section (1) of section 178, companys policy on directors appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178; (f) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made-- (i) by the auditor in his report; and (ii) by the company secretary in practice in his secretarial audit report; (g) particulars of loans, guarantees or investments under section 186; (h) particulars of contracts or arrangements with related parties referred to in sub-section (1) of section 188 in the prescribed form; (i) the state of the companys affairs; (j) the amounts, if any, which it proposes to carry to any reserves; (k) the amount, if any, which it recommends should be paid by way of dividend; (l) material changes and commitments, if any, affecting the financial position of the company which have occurred between the end of the financial year of the company to which the financial statements relate and the date of the report; (m) the conservation of energy, technology absorption, foreign exchange earnings and outgo, in such manner as may be prescribed; (n) a statement indicating development and implementation of a risk management policy for the company including identification therein of elements of risk, if any, which in the opinion of the Board may threaten the existence of the company; (o) the details about the policy developed and implemented by the company incorporate social responsibility initiatives taken during the year; (p) in case of a listed company and every other public company having such paid-up share capital as may be prescribed, a statement indicating the manner in which formal 4 annual evaluation of the performance of the Board, its Committees and of individual directors has been made; (q) such other matters as may be prescribed: 5[Provided that where disclosures referred to in this sub-section have been included in the financial statements, such disclosures shall be referred to instead of being repeated in the Board's report: Provided further that where the policy referred to in clause (e) or clause (o) is made available on company's website, if any, it shall be sufficient compliance of the requirements under such clauses if the salient features of the policy and any change therein are specified in brief in the Board's report and the web-address is indicated therein at which the complete policy is available.] 6[(3A) The Central Government may prescribe an abridged Board's report, for the purpose of compliance with this section by One Person Company or small company.] (4) The report of the Board of Directors to be attached to the financial statement under this section shall, in case of a One Person Company, mean a report containing explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made by the auditor in his report. (5) The Directors Responsibility Statement referred to in clause (c) of sub-section (3) shall state that-- (a) in the preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures; (b) the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period; (c) the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this Act for safeguarding the assets of the company and for preventing and detecting fraud another irregularities; (d) the directors had prepared the annual accounts on a going concern basis; and (e) the directors, in the case of a listed company, had laid down internal financial controls to be followed by the company and that such internal financial controls are adequate and were operating effectively. Explanation.-- For the purposes of this clause, the term internal financial controls means the policies and procedures adopted by the company for ensuring the orderly and efficient conduct of its business, including adherence to companys policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation of reliable financial information; (f) the directors had devised proper systems to ensure compliance with the provisions of all applicable laws and that such systems were adequate and operating effectively. (6) The Boards report and any annexures thereto under sub-section (3) shall be signed by its chairperson of the company if he is authorised by the Board and where he is not so authorised, shall be signed by at least two directors, one of whom shall be a managing director, or by the director where there is one director. (7) A signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published along with a copy each of-- (a) any notes annexed to or forming part of such financial statement; (b) the auditors report; and (c) the Boards report referred to in sub-section (3). 7 [(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 1 of 2018, s. 36 (w.e.f. 31-7-2018).
2. Subs by Act 1 of 2018, s. 36, for clause (a) (w.e.f. 31-7-2018). 3. Ins. by Act 21 of 2015, s. 12 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 36 for "annual evaluation has been made by the Board of its own performance and that of its committees and individual directors" (w.e.f. 31-7-2018). 5. The provisos ins. by s. 36, ibid., (w.e.f. 31-7-2018). 6. Sub-section (3A) ins. by s. 36, ibid., (w.e.f. 31-7-2018). 7. Subs. by Act 29 of 2020, s. 26, for sub-section (8) (w.e.f. 21-12-2020). (1) A copy of the financial
statements, including consolidated financial statement, if any, along with all the documents which are
required to be or attached to such financial statements under this Act, duly adopted at the annual general
meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general
meeting in such manner, with such fees or additional fees as may be prescribed 1***:
Provided that where the financial statements under sub-section (1) are not adopted at annual general meeting or adjourned annual general meeting, such unadopted financial statements along with the required documents under sub-section (1) shall be filed with the Registrar within thirty days of the date of annual general meeting and the Registrar shall take them in his records as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose: Provided further that financial statements adopted in the adjourned annual general meeting shall be filed with the Registrar within thirty days of the date of such adjourned annual general meeting with such fees or such additional fees as may be prescribed 1***: Provided also that a One Person Company shall file a copy of the financial statements duly adopted by its member, along with all the documents which are required to be attached to such financial statements, within one hundred eighty days from the closure of the financial year: Provided also that a company shall, along with its financial statements to be filed with the Registrar, attach the accounts of its subsidiary or subsidiaries which have been incorporated outside India and which have not established their place of business in India. 2[Provided also that in the case of a subsidiary which has been incorporated outside India (herein referred to as foreign subsidiary), which is not required to get its financial statement audited under any law of the country of its incorporation and which does not get such financial statement audited, the requirements of the fourth proviso shall be met if the holding Indian company files such unaudited financial statement along with a declaration to this effect and where such financial statement is in a language other than English, along with a translated copy of the financial statement in English.] (2) Where the annual general meeting of a company for any year has not been held, the financial statements along with the documents required to be attached under sub-section (1), duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held and in such manner, with such fees or additional fees as may be prescribed 3***. (3) If a company fails to file the copy of the financial statements under sub-section (1) or sub-section (2), as the case may be, before the expiry of the period specified 4 [therein] the company shall be 5 [liable to a penalty] of 6 [ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of two lakh rupees,] and the managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be 7 [shall be liable to a penalty of 8 [ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 9 [fifty thousand rupees.]
1. The words and figures "within the time specified under section 403" omitted by s. 39, ibid. (w.e.f. 7-5-2018).
2. The proviso ins. by s. 39, ibid. (w.e.f. 7-5-2018). 3. The words and figures "within the time specified, under section 403" omitted by Act 1 of 2018, s. 39 (w.e.f. 7-5-2018). 4. Subs. by s. 39, ibid., for "in section 403" (w.e.f. 7-5-2018). 5. Subs. by Act 22 of 2019, s. 22, for "punishable with fine" (w.e.f. 2-11-2018). 6. Subs. by Act 29 of 2020, s. 28, for "one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees" (w.e.f. 21-12-2020). 7. Subs. by s. 22, ibid., for "punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both" (w.e.f. 2-11-2018). 8. Subs. by Act 29 of 2020, s. 28, for "one lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 28, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- (a) the powers and duties of officers and employees appointed for the purposes of this Act and the terms and conditions of their service; (b) the form of-- (i) a certificate to commence or carry on the business of recruitment, and of an application for the issue or renewal thereof; (ii) a permit for the recruitment of persons for employment outside India, and of an application for the issue thereof; (iii) an application for emigration clearance; (iv) an appeal to be preferred to the Central Government; (c) the manner and form in which an authorisation by way of emigration clearance may be given; (d) particulars to be contained in an application for a certificate or a permit or for an emigration clearance; (e) the manner in which different inquiries required to be held under this Act may be held; (f) the manner in which the amount of security for securing the due performance of the terms and conditions of the certificate or permit or for compliance with the provisions of this Act shall be furnished; (g) the manner of verifying or authenticating documents and copies of documents for the purposes of this Act; (h) the procedure to be followed in hearing an appeal preferred to the Central Government; (i) the fees to be paid in respect of applications and other matters under this Act; (j) the charges which a recruiting agent may recover from an emigrant in respect of services rendered and the scales and limits of such charges; (k) the terms and conditions subject to which a certificate or a permit or an emigration clearance may be issued under this Act; (l) the period of the validity of a certificate or a permit issued under this Act; (m) the authority competent to extend the period of validity of a permit or to forfeit security or to require any additional security or fresh security under this Act; (n) the accommodation, the provisions, the medical stores and staff, the life saving and sanitary arrangements and other provisions and arrangement for the well-being, security and protection of emigrants which shall be provided and the records which shall be maintained in any emigrant conveyance. (o) any other matter which is required to be, or may be, prescribed. | ||||||||||||||||
Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) Any person, who intends to set up a Unit for carrying on the authorised
operations in a Special Economic Zone, may submit a proposal to the Development Commissioner
concerned in such form and manner containing such particulars as may be prescribed:
Provided that an existing Unit shall be deemed to have been set up in accordance with the provisions of this Act and such Units shall not require approval under this Act. (2) On receipt of the proposal under sub-section (1), the Development Commissioner shall submit the same to the Approval Committee for its approval. (3) The Approval Committee may, either approve the proposal without modification, or approve the proposal with modifications subject to such terms and conditions as it may deem fit to impose, or reject the proposal in accordance with the provisions of sub-section (8): Provided that in case of modification or rejection of a proposal, the Approval Committee shall afford a reasonable opportunity of being heard to the person concerned and after recording the reasons, either modify or reject the proposal. (4) Any person aggrieved by an order of the Approval Committee, made under sub-section (3), may prefer an appeal to the Board within such time as may be prescribed. (5) No appeal shall be admitted if it is preferred after the expiry of the time prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Board that he had sufficient cause for not preferring the appeal within the prescribed time. (6) Every appeal made under sub-section (4) shall be in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. (7) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. (8) The Central Government may prescribe,-- (a) the requirements (including the period for which a Unit may be set up) subject to which the Approval Committee shall approve, modify or reject any proposal referred to in sub-section (3); (b) the terms and conditions, subject to which the Unit shall undertake the authorised operations and its obligations and entitlements. (9) The Development Commissioner may, after approval of the proposal referred to in sub-section (3), grant a letter of approval to the person concerned to set up a Unit and undertake such operations which the Development Commissioner may authorise and every such operation so authorised shall be mentioned in the letter of approval. (1) The Approval Committee may, at any
time, if it has any reason or cause to believe that the entrepreneur has persistently contravened any of the
terms and conditions or its obligations subject to which the letter of approval was granted to the
entrepreneur, cancel the letter of approval:
Provided that no such letter of approval shall be cancelled unless the entrepreneur has been afforded a reasonable opportunity of being heard. (2) Where the letter of approval has been cancelled under sub-section (1), the Unit shall not, from the date of such cancellation, be entitled to any exemption, concession, benefit or deduction available to it, being a Unit, under this Act. (3) Without prejudice to the provisions of this Act, the entrepreneur whose letter of approval has been cancelled under sub-section (1), shall remit, the exemption, concession, drawback and any other benefit availed by him in respect of the capital goods, finished goods lying in stock and unutilised raw materials relatable to his Unit, in such manner as may be prescribed. (4) Any person aggrieved by an order of the Approval Committee made under sub-section (1), may prefer an appeal to the Board within such time as may be prescribed. (5) No appeal shall be admitted if it is preferred after the expiry of the time prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Board that he had sufficient cause for not preferring the appeal within the prescribed time. (6) Every appeal made under sub-section (4) shall be in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. (7) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the term of office of the Chairperson and the manner of filling the post under sub-section (6) of section 3; (ii) the salary and allowances of the Chairperson and his conditions of service in respect of leave, pension, provident fund and other matters and the allowances for non-official members for attending the meeting under sub-section (8) of section 3; (iii) the time and place of meetings of the Authority and the rules of procedure in regard to the transaction of business at its meetings [including the quorum at its meetings and the transaction of business of its Standing Committee appointed under sub-section (7) of section 3] under sub-section (1) of section 4; (iv) the control and restriction regarding appointment of the officers and other employees of the Authority and the method of such appointment, salary and allowances and other conditions of service under section 6; (v) the powers and duties of the Chairperson under section 7; (vi) the terms and conditions subject to which and the manner in which the measures referred to in sub-section (1) of section 8 may provide for the registration of new extant varieties under clause (a) of sub-section (2) of that section; (vii) the manner for arranging production and sale of the seed under clause (e) of sub-section (2) of section 8; (viii) the orders by the Authority or the Registrar as to costs under clause (b) of section 11; (ix) the salary and allowances of Registrar-General of Plant Varieties and the conditions of service in respect of his leave, pension, provident fund and other matters under sub-section (3) of section 12; (x) the matters to be included in the National Register of Plant Varieties under sub-section (1) of section 13; (xi) the manner of authorising a person under clause (e) of sub-section (1) of section 16; (xii) the fees under clause (g) and the other particulars under clause (i) which shall accompany the application under sub-section (1) of section 18; (xiii) the form of application under the proviso to sub-section (1) of section 18; (xiv) the period within which after making application a proof of the right to make the application is to be furnished under sub-section (3) of section 18; (xv) the fees to be deposited by the applicant under sub-section (2) of section 19; (xvi) the manner and method of conducting the tests under sub-section (3) of section 19; (xvii) the manner of advertising application, conditions or limitations and specifications of variety for registration including its photographs or drawings under sub-section (1) of section 21; (xviii) the manner of giving notice and the fees payable therefor under sub-section (2) of section 21; (xix) the manner of sending counter-statement under sub-section (4) of section 21; (xx) the manner of submitting evidence and the time within which such evidence may be submitted under sub-section (6) of section 21; (xxi) the documents and fees under sub-section (1) and the tests to be conducted and the procedure to be followed under sub-section (3) of section 23; (xxii) the form of a certificate of registration and the other authority to which a copy thereof shall be sent under sub-section (8) of section 23; (xxiii) the form of a certificate of registration and the other authority to which a copy thereof and the maximum time for issuing the certificate of registration under sub-section (2) of section 24; (xxiv) the manner of giving notice to the applicant under sub-section (3) of section 24; (xxv) the fees for review and renewal under sub-section (6) of section 24; (xxvi) the contents of the certificate and the manner of publishing such contents and inviting claim of benefits sharing under sub-section (1) of section 26; (xxvii) the form for submitting claims of benefit sharing and the fees to be accompanied therewith under sub-section (2) of section 26; (xxviii) the manner in which and the time within which opposition to claims shall be submitted under sub-section (3) of section 26; (xxix) the manner of making reference under sub-section (7) of section 26; (xxx) the manner of making an application for registration for title and the fees to be accompanied therewith under sub-section (4) of section 28; (xxxi) the manner of referring the disputes regarding registration of entitlement under the proviso to sub-section (4) of section 28; (xxxii) the manner to enter into a certificate the brief conditions of entitlement under sub-section (5) of section 28; (xxxiii) the manner of making an application for varying the terms of registration under clause (a) of sub-section (9) of section 28; (xxxiv) the manner of making an application by the registered breeder and certain other for cancellation of terms of registration under clause (b) of sub-section (9) of section 28; (xxxv) the manner of application by any person other than the breeder, his successor, the registered agent or the registered licensee for cancellation of terms of registration under clause (c) of sub-section (9) of section 28; (xxxvi) the manner of application for cancellation of the terms of registration under clause (d) of sub-section (9) of section 28; (xxxvii) the manner of application for cancellation of the terms of registration under clause (e) of sub-section (9) of section 28; (xxxviii) the manner of issuing notice to the registered breeder of a variety or his successor or to each registered agent or registered licensee (not being the applicant) under sub-section (10) of section 28; (xxxix) the manner of giving notice to the registrar under sub-section (1) of section 33; (xl) the manner of notifying to the registered agent or registered licensee under sub-section (2) of section 33; (xli) the period within which the notice of opposition under sub-section (3) of section 33 may be given; (xlii) the manner of making application under section 34; (xliii) the manner of depositing fees under sub-section (2) of section 35; (xliv) the manner of making application under sub-section (1) of section 36; (xlv) the manner of applying to the Registrar under sub-section (2) of section 36; (xlvi) the manner of giving notice under sub-section (4) of section 36; (xlvii) the manner of application under sub-section (1) of section 37; (xlviii) the manner of making application under sub-section (2) of section 37; (xlix) the manner to apply to the Registrar under sub-section (1) of section 38; (l) the manner of advertising application and to give notice to the Registrar, and the time from the date of the advertisement within which a person may give such notice under sub-section (2) of section 38; (li) the manner of advertising the denomination of the variety under sub-section (3) of section 38; (lii) the manner of recognition and reward from Gene Fund under clause (iii) of sub-section (1) of section 39; (liii) the manner of claiming compensation and filing of opposition under sub-section (2) of section 39; (liv) the manner of issuing notice and filing objection under sub-section (3) of section 41; (lv) the manner of receiving benefit sharing under clause (a) of sub-section (1) of section 45; (lvi) the manner of applying Gene Fund under sub-section (2) of section 45; (lvii) the particulars to be contained in the application under sub-section (2) of section 47; (lviii) the authority and the manner in which such authority shall make available to the compulsory licensee the reproduction material of the variety under section 50; (lix) the form for making application under sub-section (1) of section 52; (lx) the period within which an appeal shall be preferred under sub-section (1) of section 56; (lxi) the form of petition and the particulars which such petition shall contain under sub-section (2) of section 56; (lxii ) the form for preparing annual statement of accounts under sub-section (1) of section 62; (lxiii) the financial and administrative powers which the Chairperson shall exercise under section 63; (lxiv) the manner of using the denomination of a variety under sub-section (1) of section 68; (lxv) the manner of authorising registered agent or registered licensee under section 81; (lxvi) the manner of issuing certified copy of content of Register or any other document under section 83; (lxvii) the fees payable for obtaining a certified copy of, or to inspect, any entry in the Register or any other document under section 84; (lxviii) any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- 1* * * * * 2* * * * * 3[(aaa) t the conditions and manner of foreign investment under sub-clause (b) of clause (7A) of section 2;] 4[(b) the manner in which it shall be determined which of the transactions of an insurer are to be deemed for the purposes of this Act to be insurance business transacted 5*** in 6[India] 7***;] 8* * * * * (d) the form referred to in clause (d) of sub-section (2) of section 16; (e) the manner in which the prospectuses and tables referred to in sub-section (1) of section 41 shall be published and the form in which they shall be drawn up; 9* * * * * 10* * * * * (h) the contingencies other than those specified in clauses (a) to (f) of 11[sub-section (2) of] section 65 on the happening of which money may be paid by provident societies; (i) the matters other than those specified in clauses (a) to (o) of sub-section (1) of section 74 on which a provident society shall make rules; (j) the form of any account, return or registered required by the Part III and the manner in which such account, return or register shall be verified; (k) subject to the provisions of this Act, the fees payable thereunder and the manner in which they are to be collected; 12***. (l) the conditions and the matters which may be prescribed under sub-sections (5), 13[(6)], (10) and (12) of section 92; 14[(la) the manner of inquiry under sub-section (l) of section 105C; (lb) the form in which an appeal may be preferred under sub-section (2) and the fee payable in respect of such appeal and the procedure for filing and disposing of an appeal under sub-section (6) of section 110;] 15* * * * * 16[(m) any other matter which is to be or may be prescribed.] 17* * * * * 18[(3) Every rule made under this section or under sub-section (10) of section 34H 19*** and every regulation made under this Part 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation.] 20[(4)] All rules made by a Local Government under the provisions of section 24 of the Provident Insurance Societies Act, 1912 (5 of 1912) and in force at the commencement of this Act shall so far as not inconsistent with the provisions of Part III continue in force and have effect as if duly made under this section until they are replaced by rules made under this section.
1. Clause (a) omitted by Act 42 of 2002, s. 16 (w.e.f. 23-9-2002).
2. Clause (aa) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 3. Subs. by Act 6 of 2021, s. 4, for clause (aaa) (w.e.f. 1-4-2021). 4. Subs. by Act 13 of 1941, s. 62, for clause (b) (w.e.f. 8-4-1941). 5. The words in India or omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 6. Subs. by s. 2 and the Schedule, ibid., for the States (w.e.f. 1-11-1956) 7. The words as the case may be omitted by Act s. 2 and the Schedule, ibid., (w.e.f. 1-11-1956). 8. Clause (c) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 9. Clause (f) omitted by s. 100, ibid. (w.e.f. 26-12-2014). 10. Clause (g) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). 11. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 12. The word and omitted by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 13. Ins. by Act 11 of 1939, s. 32. 14. Ins. by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 15. Clause (ll) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). 16. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 17. The proviso omitted by ibid, s. 16 (w.e.f. 10-4-1940). 18. Subs. by Act 20 of 1983, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-3-1984). 19. The words, brackets, figures and letters or under sub-section (1) of section 64UB and every regulation made under sub-section (3) of section 64UB omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 20@. Sub-section (3) re-numbered as sub-section (4) thereof by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). (1) This Act may be called the Insurance Act, 1938.
1[(2) It extends to the whole of India 2***.] (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
1. Subs. by Act 47 of 1950, s. 2, for sub-section (2) (w.e.f. 1-6-1950).
2. The words "except the State of Jammu and Kashmir" omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 3. 1st July, 1939: see notification no. 589-(4)/38, dated the 1st April, 1939, Gazette of India, 1939, Pt. I, p. 631. In this Act, unless there is anything repugnant in the subject or context, --
1[(1) actuary means an actuary as defined in clause (a) of sub-section (1) of section 2 of the Actuaries Act, 2006 (35 of 2006); (1A) Authority means the Insurance Regulatory and Development Authority of India established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] 2[(2) policy-holder includes a person to whom the whole of the interest of the policy-holder in the policy is assigned once and for all, but does not include an assignee thereof whose interest in the policy is defeasible or is for the time being subject to any condition ;] 3[(3) approved securities means-- (i) Government securities and other securities charged on the revenues of the Central Government or of the Government of a 4*** State or guaranteed fully as regards principal and interest by the Central Government, or the Government of any 2*** State ; (ii) debentures or other securities for money issued under the authority of any Central Act or Act of a State Legislature by or on behalf of a port trust or municipal corporation or city improvement trust in any presidency-town ; (iii) shares of a corporation established by law and guaranteed fully by the Central Government or the Government of a 5*** State as to the repayment of the principal and the payment of dividend ; (iv) securities issued or guaranteed fully as regards principal and interest by the Government of any Part B State and specified as approved securities for the purposes of this Act by the Central Government by notification in the Official Gazette ; and 6* * * * * Provided that securities or debentures specified in item (v) shall be recognished as approved securities only for such purposes and for such period and subject to such conditions as may be prescribed ;] 7[Explanation. -- In sub-clauses (i) and (iii), Government of a State in relation to any period before the 1st November, 1956, means the Government of a Part A State.] 8[(4) auditor means a person qualified under the Chartered Accountants Act, 1949 (38 of 1949), to act as an auditor of companies;] 9[(4A) banking company and company shall have the meanings respectively assigned to them in clauses (c) and (d) of sub-section (1) of section 5 of the Banking Companies Act, 1949 (10 of 1949) 10***;] (5) certified in relation to any copy or translation of a document required to be furnished by or on behalf of 11[an insurer or a provident society as defined in Part III] means certified by a principal officer of 12[such insurer or provident society] to be a true copy or a correct translation, as the case may be; 13* * * * * 14[(5B) Controller of Insurance means the officer appointed by the Central Government under section 2B to exercise all the powers, discharge the functions and perform the duties of the Authority under this Act or the Life Insurance Corporation Act, 1956 (31 of 1956) or the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] (6) Court means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction; 15[(6A) fire insurance business means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence customarily included among the risks insured against in fire insurance policies; (6B) general insurance business means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them;] 16[(6C) health insurance business means the effecting of contracts which provide for sickness benefits or medical, surgical or hospital expense benefits, whether in-patient or out-patient travel cover and personal accident cover;] 17[(7) Government security means a Government security as defined in the Public Debt Act, 1944 (18 of 1944);] 18[(7A) Indian insurance company means any insurer, being a company which is limited by shares, and, -- (a) which is formed and registered under the Companies Act, 2013 (18 of 2013) as a public company or is converted into such a company within one year of the commencement of the Insurance Laws (Amendment) Act, 2015 (5 of 2015); 19[(b) in which the aggregate holdings of equity shares by foreign investors including portfolio investors, do not exceed seventy-four per cent. of the paid-up equity capital of such Indian insurance company, and the foreign investment in which shall be subject to such conditions and manner, as may be prescribed. ] Explanation. --For the purposes of this sub-clause, the expression control shall include the right to appoint a majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements; (c) whose sole purpose is to carry on life insurance business or general insurance business or re-insurance business or health insurance business;] 20* * * * * 21[(8A) insurance co-operative society means any insurer being a co-operative society, -- (a) which is registered on or after the commencement of the Insurance (Amendment) Act, 2002 (42 of 2002), as a co-operative society under the Co-operative Societies Act, 1912 (2 of 1912) or under any other law for the time being in force in any State relating to Co-operative Societies or under the Multi-State Co-operative Societies Act, 1984 (51 of 1984); 22[(b) having a minimum paid-up capital of rupees one hundred crore in case of life insurance business, general insurance business and health insurance business;] (c) in which no body corporate, whether incorporated or not, formed or registered outside India, either by itself or through its subsidiaries or nominees, at any time, holds more than twenty-six per cent of the capital of such Co-operative Society; (d) whose sole purpose is to carry on life insurance business or general insurance business 23[or health insurance business] in India;] 24[(9) insurer means-- (a) an Indian Insurance Company, or (b) a statutory body established by an Act of Parliament to carry on insurance business, or (c) an insurance co-operative society, or (d) a foreign company engaged in re-insurance business through a branch established in India. Explanation. -- For the purposes of this sub-clause, the expression foreign company shall mean a company or body established or incorporated under a law of any country outside India and includes Lloyd's established under the Lloyd's Act, 1871 (United Kingdom) or any of its Members;] (10) insurance agent means an insurance agent 25*** 26*** who receives or agrees to receive payment by way of commission or other remuneration in consideration of his soliciting or procuring insurance business 27[including business relating to the continuance, renewal or revival of policies of insurance]; 28[(10A) investment company means a company whose principal business is the acquisition of shares, stocks, debentures or other securities ;] 29[(10B) intermediary or insurance intermediary shall have the meaning assigned to it in clause (f) of sub-section (1) of section 2 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] 30[(11) life insurance business means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, and any contract which is subject to payment of premiums for a term dependent on human life and shall be deemed to include-- (a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance, (b) the granting of annuities upon human life ; and (c) the granting of superannuation allowances and 31[benefit payable out of any fund] applicable solely to the relief and maintenance of persons engaged or who have been engaged in any particular profession, trade or employment or of the dependents of such persons ;] 32[Explanation. -- For the removal of doubts, it is hereby declared that life insurance business shall include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a component of investment and a component of insurance issued by an insurer referred to in clause (9) of this section.] 33* * * * * 32* * * * * 34[(13A) marine insurance business means the business of effecting contracts of insurance upon vessels of any description, including cargoes, freights and other interests which may be legally insured, in or in relation to such vessels, cargoes and freights, goods, wares, merchandise and property of whatever description insured for any transit by land or water, or both, and whether or not including warehouse risks or similar risks in addition, or as incidental to such transit, and includes any other risks customarily included among the risks insured against in marine insurance policies ; (13B) miscellaneous insurance business means the business of effecting contracts of insurance which is not principally or wholly of any kind or kinds included in clauses (6A), (11) and (13A);] 35[(13BA) National Company Law Tribunal means the National Company Law Tribunal constituted under section 10FB of the Companies Act, 1956 (1 of 1956); (13BB) the National Company Law Appellate Tribunal means the National Company Law Appellate Tribunal constituted under sub-section (1) of section 10FR of the Companies Act, 1956 (1 of 1956);] (14) prescribed means prescribed by rules made under 36[this Act]; and 37* * * * * 38* * * * * (16) private company and public company have the meanings respectively assigned to them in 39[clause (68) and clause (72) of section 2 of the Companies Act, 2013 (18 of 2013)]; 40[(16A) regulations means the regulations framed by the Insurance Regulatory and Development Authority of India established under the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (16B) re-insurance means the insurance of part of one insurers risk by another insurer who accepts the risk for a mutually acceptable premium; (16C) Securities Appellate Tribunal means the Securities Appellate Tribunal established under section 15K of the Securities and Exchange Board of India Act, 1992 (15 of 1992);] 41 * * * * *
1. Subs. by Act 5 of 2015, s. 3, for clauses (1) and (1A) (w.e.f. 26-12-2014).
2. Subs. by Act 6 of 1946, s. 2, for clause (2) (w.e.f. 20-3-1946). 3. Subs. by Act 47 of 1950, s. 3, for clause (3) (w.e.f. 1-6-1950). 4. The words Part A omitted by the Adaptation of Laws (No. 3) Order, 1956. 5. The word Part A omitted by the Adaptation of Laws (No. 3) Order, 1956. 6. Sub-clause (v) omitted by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002). 7. Ins. by The Adaptation of Laws (No. 3) order 1956. 8. Subs. by Act 47 of 1950, s. 3 for clause 4 (w.e.f. 1-6-1950). 9. Ins. by s. 3, ibid, (w.e.f. 1-6-1950). 10. Now renamed as Banking Regulation Act, 1949 (10 of 1949). 11. Subs. by Act 13 of 1941, s. 2, for an insurer (w.e.f. 8-4-1941). 12. Subs. by s. 2, ibid, for the insurer (w.e.f. 8-4-1941). 13. Clause (5A) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 14. Subs. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). Earlier it was inserted by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 15. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 16. Ins. by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 17. Subs. by Act 47 of 1950, s. 3, for clause (7) (w.e.f. 1-6-1950). 18. Subs. by Act 5 of 2015, s. 3, for clause (7A) (w.e.f. 26-12-2014). 19. Subs. by Act 6 of 2021, s. 2, for sub-clause (b) (w.e.f. 1-4-2021). 20. Clause (8) omitted by s. 3, ibid. (w.e.f. 26-12-2014). 21. Ins. by Act 42 of 2002, s. 2 (w.e.f. 9-8-2002). 22. Subs. by Act 5 of 2015, s. 3, for sub-clause (b) (w.e.f. 26-12-2014). 23. Ins. by s. 3, ibid. (w.e.f. 26-12-2014). 24. Subs. by s. 3, ibid., for clause (9) (w.e.f. 26-12-2014). 25. The words and figures licensed under section 42 omitted by s. 3, ibid. (w.e.f. 26-12-2014). 26. The words being an individual omitted by Act 35 of 1957, s. 2 (w.e.f. 1-9-1957). 27. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 28. Ins. by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002). 29. Subs. by Act 47 of 1950, s. 2, for clause (11) (w.e.f. 23-9-2002). 30. Subs. by Act, 5 of 2015, s. 3, for annuities payable out of any fund ( w.e.f. 26-12-2014). 31. Ins. by Act 26 of 2010, s. 3 (w.e.f. 9-4-2010). 32. Clause (12) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 33. Clause (13) omitted by s. 3, ibid. (w.e.f. 26-12-2014). 34. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 35.. Ins. by Act 11 of 2003, s. 133 and the Schedule (w.e.f. 1-4-2003). 36.. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for section 114 (w.e.f. 19-4-2000). 37. Clause (14A) omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 38. Clause (15) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 39. Subs. by Act 5 of 2015, s. 3 for clauses (13) and (13A) of section 2 of the Indian Companies Act, 1913 (7 of 1913) (w.e.f. 26-12-2014). 40. Ins. by s. 3, ibid. (w.e.f. 26-12-2014). 41. Clause (17) omitted by s. 3, ibid. (w.e.f. 26-12-2014). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)The Central Government may make rules for the
provisions in relation to winding up and dissolution of limited liability partnerships.
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1[12. Financial and administrative powers of the Chairman.--(1) The Chairman shall exercise
such financial and administrative powers over the Benches as may be vested in him under the rules made
by the appropriate Government.
(2) The appropriate Government may designate one or more Members to be the Vice-Chairman or, as the case may be, Vice-Chairman thereof and the Members so designated shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general or special order in writing.]
1. Subs. by Act 1 of 2007, s. 12, for section 12 (w.e.f. 19-2-2007).
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may 1[, by notification in the Official
Gazette,] make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- (a) the scale of fees leviable under this Act and the manner in which such fees shall be levied and collected; (b) the remuneration, if any, payable to a diplomatic or consular officer in the execution of any of the duties vested in him by this Act; (c) the registers to be kept and the returns to be made in pursuance of this Act; and (d) the manner in which copies of tables of fees may be published and distributed. 2[(3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by Act 2 of 1973, s. 3. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything
contained in section 73, a public company, having such net worth or turnover as may be prescribed, may
accept deposits from persons other than its members subject to compliance with the requirements
provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in
consultation with the Reserve Bank of India, prescribe:
Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. (2) A company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on such terms and conditions, including the provision of security, if any, or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:-- (a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed; (b) filing a copy of the circular along with such statement with the Registrar within thirty days before the date of issue of the circular; 1[(c) depositing, on or before the thirtieth day of April each year, such sum which shall not be less than twenty per cent. of the amount of its deposits maturing during the following financial year and kept in a scheduled bank in a separate bank account to be called deposit repayment reserve account;] 2* * * * * (e) certifying that the company has not committed any default in the repayment of deposits accepted either before or after the commencement of this Act or payment of interest on, 3[such deposits and where a default had occurred, the company made good the default and a period of five years had lapsed since the date of making good the default;] and (f) providing security, if any for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the property or assets of the company: Provided that in case where a company does not secure the deposits or secures such deposits partially, then, the deposits shall be termed as unsecured deposits and shall be so quoted in every circular, form, advertisement or in any document related to invitation or acceptance of deposits. (3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section. (4) Where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the Tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the Tribunal may deem fit. (5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used by the company for any purpose other than repayment of deposits.
1. Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).
2. Clause (d) omitted by s. 15, ibid. (w.e.f. 15-8-2018). 3. Subs. by s. 15,ibid., for "such deposits;" (w.e.f. 15-8-2018) | ||||||||||||||||
Related Section(s)(1) Except as may be
otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be
valid in any other region, unless the permit has been countersigned by the Regional Transport Authority
of that other rigion, and a permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the Regional Transport Authority
concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that-- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 3* * * * * (11) The following shall be conditions of every permit granted under sub-section (9), namely:-- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. Explanation.-- In this section,-- (a) "appropriate authority", in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) "authorisation fee" means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) "national permit" means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
1. Subs. by Act 54 of 1994, s. 27, for "grant a special permit in relation to a vehicle covered" (w.e.f. 14-11-1994).
1. Subs. by Act 54 of 1994, s. 27 for "and 89" (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Contract
Labour (Regulation and Abolition) Act, 1970.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. (4) It applies-- (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen: Provided that the appropriate Government may, after giving not less than two months notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification. (5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed. (b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with Central Board or, as the case may be, a State Board, and its decision shall be final. Explanation.--For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature-- (i) if it was performed for more than one hundred and twenty days in the preceding twelve months, or (ii) if it is of a seasonal character and is performed for more than sixty days in a year. STATE AMENDMENTS Maharashtra Amendment of section 1 of 37 of 1970.--In Section 1 of the Contract Labour (Regulation and Abolition) Act, 1970, in its application to the State of Maharashtra, in sub-section (4),-- (a) in clause (a), for the words "twenty or more workmen" the words "fifty or more workmen" shall be substituted; (b) in clause (b), for the words "twenty or more workmen" the words "fifty or more workmen" shall be substituted; (c) in the proviso, for the words "less than twenty" the words "less than fifty" shall be substituted. [Vide Maharashtra Act 2 of 2017, s. 2.] Andhra Pradesh Amendment of section 1 central Act 37 of 1970.--In the Contract Labour (Regulation and Abolition) Act, 1970, in section 1, in sub-section (4), in clauses (a), (b) and the provisio thereunder, for the word "twenty" the word "fifty" shall be substituted. [Vide Andhra Pradesh Act 21 of 2015, s. 2.] Uttar Pradesh.-- In section 1 of the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred to as the principal Act, for sub-section (4) the following sub-section shall be substituted-- "(4) It applies-- (a) to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen. Provided that the State Government may, after giving not less than two month' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than fifty as may be specified in the notification." [Vide the Uttar Pradesh Act 14 of 2018, s. 2] Union Territory Of Ladakh Section 1.--In sub-section (4), in clause (a), for "twenty", substitute "forty". [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification no. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O.3774(E), dated (23-10-2020).] Rajasthan Amendment of section 1, Central Act No. 37 of 1970.For the existing sub-section (4) of section 1 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No. 37 of 1970), in its application to the State of Rajasthan, the following shall be substituted, namely:- (4) It applies- (a) to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen: Provided that the State Government may, after giving not less than two months notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than fifty as may be specified in the notification. [Vide Rajasthan Act 19 of 2014, s. 2] Gujarat Amendment of section 1 of 37 of 1970.--In the Contract Labour (Regulation and Abolition) Act, 1970, in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 1, sub-section (4),-- (i) in clause (a), for the word “twenty”, the word “fifty” shall be substituted; (ii) in clause (b), for the word “twenty”, the word “fifty” shall be substituted; (iii) in the proviso, for the word “twenty”, the word “fifty” shall be substituted. [Vide Gujarat Act 2 of 2021, s. 2]
1. 10th February, 1971, vide notification No. G.S.R. 190, dated 1st February, 1971, see Gazette of India, Extraordinary, Part II,
sec. 3(i).
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Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)The Central Government may make rules for the
provisions in relation to winding up and dissolution of limited liability partnerships.
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) salary, terms and conditions of service of Chairperson and Members other than ex officio Members under sub-section (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7; (b) qualifications of Food Safety Officer under sub-section (1) of section 37; (c) the manner of taking the extract of documents seized under sub-clause (8) of section 38; (d) determination of cases for referring to appropriate courts and time-frame for such determination under sub-section (4) of section 42; (e) qualifications of Food Analysts under section 45; (f) the manner of sending sample for analysis and details of the procedure to be followed in this regard under sub-section (1) of section 47; (g) the procedure to be followed in adjudication of cases under sub-section (1) of section 68; (h) qualifications, terms of office, resignation and removal of Presiding Officer under sub-section (4), the procedure of appeal and powers of Tribunal under sub-section (5) of section 70; (i) any other matter relating to procedure and powers of Tribunal under clause of sub-section (2) of section 71; (j) the fee to be paid for preferring an appeal to the High Court under sub-section (1) of section 76; (k) form and time of preparing budget under sub-section (1) of section 81; (l) form and statement of accounts under sub-section (1) of section 83; (m) the form and time for preparing annual report by Food Authority under sub-section (1) of section 84; and (n) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) Every motor
vehicle shall be so constructed and so maintained as to be at all times under the effective control of the
person driving the vehicle.
(2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1 [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]
1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)The Tribunal shall present annually a report to the Central
Government of all its proceedings under this Chapter.
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Related Section(s)(1) This Act may be
called the
Information Technology Act, 2000.
(2) It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention thereunder committed outside India by any person. (3) It shall come into fo rce on such date 1 as the Central Government may, by notificati on, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. 2 [(4) Nothing in this Act shall apply to documents or transactions specified in the First Schedule: Provided that the Central Government may, by notification in the Official Gazette, amend the First Schedule by way of a ddition or deletion of entries thereto. (5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.]
1 17
th
October, 2000,
vide
notification No. G.S.R. 788 (E), dated 17
th
October, 2000,
see
Gazette of India, Extraordinary,
Part II, sec. 3(
ii
).
2 Subs. by Act 10 of 2009, s. 3, for sub - section ( 4 ) (w.e.f. 27 - 10 - 2009). 6. Use of electronic records and 1
[electronic signatures] in Government and its agencies.--(1)
Where any law provides for--
(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner; (b) the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner; (c) the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government. (2) The appropriate Government may, for the purposes of sub-section (1), by rules, prescribe-- (a) the manner and format in which such electronic records shall be filed, created or issued; (b) the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).
1 Subs. by Act 10 of 2009, s. 2, for "digital signatures"
(w.e.f. 27
-
10
-
2009).
(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). (1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) Every application made to
the Central Government under 1[section 196] shall be in such form as may be prescribed.
(2) (a) Before any application is made by a company to the Central Government under 2[section 196], there shall be issued by or on behalf of the company a general notice to the members thereof, indicating the nature of the application proposed to be made. (b) Such notice shall be published at least once in a newspaper in the principal language of the district in which the registered office of the company is situate and circulating in that district, and at least once in English in an English newspaper circulating in that district. (c) The copies of the notices, together with a certificate by the company as to the due publication thereof, shall be attached to the application.
1The words "this Chapter" omitted by s. 70, ibid., (w.e.f. 12-9-2018).
2. Subs. by s. 70, ibid., for "any of the sections aforesaid" (w.e.f. 12-9-2018) The Central Government may
prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of
Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949
(38 of 1949), in consultation with and after examination of the recommendations made by the National
Financial Reporting Authority:
1[Provided that until the National Financial Reporting Authority is constituted under section 132 of the Companies Act, 2013 (18 of 2013), the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by National Advisory Committee on Accounting Standards constituted under section 210A of the Companies Act, 1956 (1 of 1956).]
1. Ins. by notification No. S.O. 1227(E), dated 29th March, 2016 (w.e.f 1-4-2015).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)If any
gazetted officer, authorised in this behalf by the Central Government by general or special order, has any
reason to believe that any person has in his possession or control any article exceeding the value specified
in sub-clause (i) of clause (h) of sub-section (1) of section 2 or currency or security whether Indian or
foreign, in relation to which any provision of this Act has been or is being, contravened, he may seize
such article or currency or security.
(1) The foreign contribution and assets created out of the foreign contribution in the
custody of every person whose certificate has been cancelled under section 14 1[or surrendered under
section 14A] shall vest in such authority as may be prescribed.
(2) The authority referred to in sub-section (1) may, if it considers necessary and in public interest, manage the activities of the person referred to in that sub-section for such period and in such manner, as the Central Government may direct and such authority may utilise the foreign contribution or dispose of the assets created out of it in case adequate funds are not available for running such activity. (3) The authority referred to in sub-section (1) shall return the foreign contribution and the assets vested upon it under that sub-section to the person referred to in the said sub-section if such person is subsequently registered under this Act.
1. Ins. by s. 10, ibid. (w.e.f. 29-9-2020).
(1) In this Act, unless the context otherwise requires,--
(a) "association" means an association of individuals, whether incorporated or not, having an office in India and includes a society, whether registered under the Societies Registration Act, 1860 (21 of 1860), or not, and any other organisation, by whatever name called; (b) "authorised person in foreign exchange" means an authorised person referred to in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999); (c) "bank" means a banking company as referred to in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (d) "candidate for election" means a person who has been duly nominated as a candidate for election to any Legislature; (e) "certificate" means certificate of registration granted under sub-section (3) of section 12; (f) "company" shall have the meaning assigned to it under clause (17) of section 2 of the Income-tax Act, 1961 (43 of 1961); (g) "foreign company" means any company or association or body of individuals incorporated outside India and includes-- (i) a foreign company within the meaning of section 591 of the Companies Act, 1956 (1 of 1956); (ii) a company which is a subsidiary of a foreign company; (iii) the registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause (ii); (iv) a multi-national corporation. Explanation. "For the purposes of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation," (a) has a subsidiary or a branch or a place of business in two or more countries or territories; or (b) carries on business, or otherwise operates, in two or more countries or territories; (h) "foreign contribution" means the donation, delivery or transfer made by any foreign source, (i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article, on the date of such gift, is not more than such sum as may be specified from time to time, by the Central Government by the rules made by it in this behalf; (ii) of any currency, whether Indian or foreign; (iii) of any security as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and includes any foreign security as defined in clause (o) of section 2 of` the Foreign Exchange Management Act, 1999 (42 of 1999). Explanation 1.--A donation, delivery or transfer of any article, currency or foreign security referred to in this clause by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be foreign contribution within the meaning of this clause. Explanation 2.--The interest accrued on the foreign contribution deposited in any bank referred to in sub-section (1) of section 17 or any other income derived from the foreign contribution or interest thereon shall also be deemed to be foreign contribution within the meaning of this clause. Explanation 3.--Any amount received, by any person from any foreign source in India, by way of fee (including fees charged by an educational institution in India from foreign student) or towards cost in lieu of goods or services rendered by such person in the ordinary course of his business, trade or commerce whether within India or outside India or any contribution received from an agent of a foreign source towards such fee or cost shall be excluded from the definition of foreign contribution within the meaning of this clause; (i) "foreign hospitality" means any offer, not being a purely casual one, made in cash or kind by a foreign source for providing a person with the costs of travel to any foreign country or territory or with free boarding, lodging, transport or medical treatment; (j) "foreign source" includes,-- (i) the Government of any foreign country or territory and any agency of such Government; (ii) any international agency, not being the United Nations or any of its specialised agencies, the World Bank, International Monetary Fund or such other agency as the Central Government may, by notification, specify in this behalf; (iii) a foreign company; (iv) a corporation, not being a foreign company, incorporated in a foreign country or territory; (v) a multi-national corporation referred to in sub-clause (iv) of clause (g); (vi) a company within the meaning of the Companies Act, 1956 (1 of 1956), and more than one-half of the nominal value of its share capital is held, either singly or in the aggregate, by one or more of the following, namely:-- (A) the Government of a foreign country or territory; (B) the citizens of a foreign country or territory; (C) corporations incorporated in a foreign country or territory; (D) trusts, societies or other associations of individuals (whether incorporated or not), formed or registered in a foreign country or territory; (E) foreign company; 1[Provided that where the nominal value of share capital is within the limits specified for foreign investment under the Foreign Exchange Management Act, 1999 (42 of 1999), or the rules or regulations made thereunder, then, notwithstanding the nominal value of share capital of a company being more than one-half of such value at the time of making the contribution, such company shall not be a foreign source;] (vii) a trade union in any foreign country or territory, whether or not registered in such foreign country or territory; (viii) a foreign trust or a foreign foundation, by whatever name called, or such trust or foundation mainly financed by a foreign country or territory; (ix) a society, club or other association of individuals formed or registered outside India; (x) a citizen of a foreign country; (k) "Legislature" means-- (A) either House of Parliament; (B) the Legislative Assembly of a State, or in the case of a State having a Legislative Council, either House of the Legislature of that State; (C) Legislative Assembly of a Union territory constituted under the Government of Union Territories Act, 1963 (20 of 1963); (D) Legislative Assembly for the National Capital Territory of Delhi referred to in the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992); (E) Municipality as defined in clause (e) of article 243P of the Constitution; (F) District Councils and Regional Councils in the States of Assam, Meghalaya, Tripura and Mizoram as provided in the Sixth Schedule to the Constitution; (G) Panchayat as defined in clause (d) of article 243 of the Constitution; or (H) any other elective body as may be notified by the Central Government; (l) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (m) "person" includes-- (i) an individual; (ii) a Hindu undivided family; (iii) an association; (iv) a company registered under section 25 of the Companies Act, 1956 (1 of 1956); (n) "political party" means-- (i) an association or body of individual citizens of India-- (A) to be registered with the Election Commission of India as a political party under section 29A of the Representation of the People Act, 1951 (43 of 1951); or (B) which has set up candidates for election to any Legislature, but is not so registered or deemed to be registered under the Election Symbols (Reservation and Allotment) Order, 1968; (ii) a political party mentioned in column 2 of Table 1 and Table 2 to the notification of the Election Commission of India No. 56/J&K/02, dated the 8th August, 2002, as in force for the time being; (o) "prescribed" means prescribed by rules made under this Act; (p) "prescribed authority" means an authority specified as such by rules made by the Central Government under this Act; (q) "registered newspaper" means a newspaper registered under the Press and Registration of Books Act, 1867 (25 of 1867); (r) "relative" has the meaning assigned to it in clause (41) of section 2 of the Companies Act, 1956 (1 of 1956); (s) "scheduled bank" shall have the meaning assigned to it under clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (t) "subsidiary" and "associate" shall have the meanings, respectively assigned to them in the Companies Act, 1956 (1 of 1956); (u) "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926); (2) Words and expressions used herein and not defined in this Act but defined in the Representation of the People Act, 1950 (43 of 1950) or the Representation of the People Act, 1951 (43 of 1951) or the Foreign Exchange Management Act, 1999 (42 of 1999) shall have the meanings respectively assigned to them in those Acts.
1. Ins. by Act 28 of 2016, s. 236 (w.r.e.f. 5-8-1976 vide the Act 13 of 2018, s. 220)
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. (1) Subject to the provisions of this Act, the Central Government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out all or any of the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) allowances for the members of the National Council under sub-section (5) of section 3; (b) appointment of such person to be the Secretary of the State Council by the Central Government under sub-section (10) of section 3; (c) the determination of standards and for classification of clinical establishments under section 7; (d) the qualification and the terms and conditions for the members of the authority under clause (c) of sub-section (1) of section 10; (e) the procedure under which the powers of the authority may be exercised by the District Health Officer or Chief Medical Officer for the purpose of provisional registration of clinical establishment under sub-section (2) of section 10; (f) the minimum standards of facilities and services under clause (i) of sub-section (1) of section 12; (g) the minimum number of personnel under clause (ii) of sub-section (1) of section 12; (h) the maintenance of records and reporting by the clinical establishment under clause (iii) of sub-section (1) of section 12; (i) other conditions for registration and continuation of clinical establishment under clause (iv) of sub-section (1) of section 12; (j) classification of clinical establishment under sub-section (1) of section 13; (k) the different standards for classification of clinical establishments under sub-section (2) of section 13; (l) the minimum standards for permanent registration under section 28; (m) the form and particulars to be contained in the register to be maintained under section 38. | ||||||||||||||||
Related Section(s)(1) The Central Government shall appoint the Chief
Executive Officer to exercise such powers and perform such duties under the direction of the Board as
may be prescribed or as may be delegated to him by the Chairperson.
(2) The Board shall, with the previous approval of the Central Government, appoint such other officers and employees as it considers necessary to carry out the objectives of the Trust. (3) The salary and allowances payable to, and the other terms and conditions of service of, the Chief Executive Officer, other officers and employees of the Trust shall be such as may be determined by regulations. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying 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 of the following matters, namely:-- (a) the procedure in accordance with which the persons representing registered organisation shall be elected under clause (b) of sub-section (4) of section 3; (b) the conditions of service of the Chairperson and Members under sub-section (2) of section 4; (c) the rules of procedure in the transaction of business at meetings of the Board under sub- section (6) of section 4; (d) the powers and duties of the Chief Executive Officer under sub-section (1) of section 8; (e) the form in which an application for guardianship may be made by a registered organisation under sub-section (2) of section 14; (f) the procedure in accordance with which a guardian may be removed under section 17; (g) the form in which, and the time within which, the budget of the Trust shall be forwarded to the Central Government under section 23; (h) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 24; (i) the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25; (j) any other matter which is required to be, or may be, prescribed. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may
approve the setting up of an International Financial Services Centre in a Special Economic Zone and
prescribe the requirements for setting up and operation of such Centre:
Provided that the Central Government shall approve only one International Financial Services Centre in a Special Economic Zone. (2) The Central Government may, subject to such guidelines as may be framed by the Reserve Bank, the Securities and Exchange Board of India, the Insurance Regulatory and Development Authority and such other concerned authorities, as it deems fit, prescribe the requirements for setting up and the terms and conditions of the operation of Units in an International Financial Services Centre. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) Every prospectus issued by or on behalf of a public
company either with reference to its formation or subsequently, or by or on behalf of any person who is or
has been engaged or interested in the formation of a public company, shall be dated and signed and shall,
1
[state such information and set out such reports on financial information as may be specified by the
Securities and Exchange Board in consultation with the Central Government:
Provided that until the Securities and Exchange Board specifies the information and reports on financial information under this sub-section, the regulations made by the Securities and Exchange Board under the Securities and Exchange Board of India Act, 1992 (15 of 1992), in respect of such financial information or reports on financial information shall apply]; -- 2* * * * * (c) make a declaration about the compliance of the provisions of this Act and a statement to the effect that nothing in the prospectus is contrary to the provisions of this Act, the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and the Securities and Exchange Board of India Act, 1992 (15 of 1992) and the rules and regulations made thereunder; and 3* * * * * (2) Nothing in sub-section (1) shall apply-- (a) to the issue to existing members or debenture-holders of a company, of a prospectus or form of application relating to shares in or debentures of the company, whether an applicant has a right to renounce the shares or not under sub-clause (ii) of clause (a) of sub-section (1) of section 62 in favour of any other person; or (b) to the issue of a prospectus or form of application relating to shares or debentures which are, or are to be, in all respects uniform with shares or debentures previously issued and for the time being dealt in or quoted on a recognised stock exchange. (3) Subject to sub-section (2), the provisions of sub-section (1) shall apply to a prospectus or a form of application, whether issued on or with reference to the formation of a company or subsequently. Explanation.--The date indicated in the prospectus shall be deemed to be the date of its publication. (4) No prospectus shall be issued by or on behalf of a company or in relation to an intended company unless on or before the date of its publication, there has been delivered to the Registrar for 3 [filing], a copy thereof signed by every person who is named there in as a director or proposed director of the company or by his duly authorised attorney. (5) A prospectus issued under sub-section (1) shall not include a statement purporting to be made by an expert unless the expert is a person who is not, and has not been, engaged or interested in the formation or promotion or management, of the company and has given his written consent to the issue of the prospectus and has not withdrawn such consent before the delivery of a copy of the prospectus to the Registrar for 2 [filing] and a statement to that effect shall be included in the prospectus. (6) Every prospectus issued under sub-section (1) shall, on the face of it,-- (a) state that a copy has been delivered for 2 [filing] to the Registrar as required under sub-section (4); and (b) specify any documents required by this section to be attached to the copy so delivered or refer to statements included in the prospectus which specify these documents. 4* * * * * (8) No prospectus shall be valid if it is issued more than ninety days after the date on which a copy thereof is delivered to the Registrar under sub-section (4). (9) If a prospectus is issued in contravention of the provisions of this section, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees and every person who is knowingly a party to the issue of such prospectus shall be punishable 5*** with fine which shall not be less than fifty thousand rupees but which may extend to 6 [three lakh rupees].
1. Ins. by Act 1 of 2018, s. 8 (w.e.f. 7-5-2018).
2. Clauses (a), (b) and (d) omitted by Act 1 of 2018, s. 8 (w.e.f. 7-5-2018). 3. Subs. by Act 22 of 2019, s. 6, for "registration" (w.e.f. 15-8-2019). 4. Sub-section (7) omitted by s. 6, ibid. (w.e.f. 15-8-2019). 5. The words "with imprisonment for a term which may extend to three years or" omitted by Act 29 of 2020, s. 6 (w.e.f. 21-12- 2020). 6. Subs. by s. 6, ibid., for "three lakh rupees, or with both" (w.e.f. 21-12-2020). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)The Central Government may make rules for the
provisions in relation to winding up and dissolution of limited liability partnerships.
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the other matters relating to the registered layout-designs to be entered in the register under sub-section (1) of section 6; (b) the manner of applying to the Registrar for registration under sub-section (1) of section 8; (c) the manner of advertising the application under sub-section (1) of section 10; (d) the manner of notifying the correction or amendment in application under sub-section (2) of section 10; (e) the manner of making application, the fee to be paid and the manner of giving notice under sub-section (1) of section 11; (f) the manner of sending counter statement under sub-section (2) of section 11; (g) the manner of submitting evidence under sub-section (4) of section 11; (h) the form of issuing certificate under sub-section (2) of section 13; (i) the manner of giving notice under sub-section (3) of section 13; (j) the manner of making applications to register the title under sub-section (1) of section 23; (k) the manner of applying to Registrar under sub-section (1) of section 25; (l) the document to be prescribed under clause (c) of sub-section (1) of section 25; (m) the manner of issuing notice under sub-section (3) of section 25; (n) the manner of applications under clause (a) of sub-section (1) of section 26; (o) the manner of making applications under clause (b) of sub-section (1) of section 26; (p) the manner of making applications under clause (c) of sub-section (1) of section 26; (q) the manner of issuing notice under sub-section (2) of section 26; (r) the procedure of cancelling registration under sub-section (3) of section 26; (s) the manner of applying to the Appellate Board under sub-section (1) of section 30; (t) the manner of giving notice under sub-section (3) of section 30; (u) the manner of serving notice under sub-section (4) of section 30; (v) the manner of making application under sub-section (1) of section 31; (w) the manner of making application under sub-section (2) of section 31; (x) the salaries and allowances payable to and other terms and conditions of service of the Chairperson, Vice-Chairperson and other Members under sub-section (1) of section 37; (y) the procedure for investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson and other Members under sub-section (3) of section 38; (z) the salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub-section (2) of section 39; (za) the manner of general superintendence by the Chairperson under sub-section (3) of section 39; (zb) the form of application, the affidavit, documents and other evidence and fee payable in respect of, filing of such application and other fees for the services or execution of process to be accompanied therewith under sub-section (2) of section 40; (zc) the time limit for filing the opposition under sub-section (3) of section 40; (zd) the form of making application and the fee to be a accompanied therewith under sub-section (1) of section 41; (ze) the manner of giving notice under sub-section (2) of section 41; (zf) the form of appeal, the manner of verification of such appeal and the fee to be accompanied therewith under sub-section (3) of section 42; (zg) any other matter to be prescribed under clause (d) of sub-section (2) of section 43; (zh) the form of application under sub-section (1) of section 48; (zi) the manner of making application under sub-section (1) of section 51; (zj) the period to be prescribed under the first proviso to sub-section (1) of section 51; (zk) the manner of giving notice and opportunity of hearing to the parties under sub-section (3) of section 51; (zl) the period to be prescribed under sub-section (1) of section 53; (zm) the form of petition and particulars to be contained therein under sub-section (2) of section 53; (zn) the manner of reviewing decisions by the registrar under clause (c) of section 72; (zo) the time to be prescribed under section 73; (zp) the manner of making application and the fee to be accompanied therewith under sub-section (1) of section 76; (zq) the manner of making application under sub-section (1) of section 78; (zr) the period of giving notice of withdrawal of application under sub-section (2) of section 78; (zs) the manner of authorising a person under section 84; (zt) the manner of registering a person as a layout-design agent under clause (b) of section 84; (zu) the conditions to be prescribed under sub-section (1) of section 87; (zv) the fee payable under sub-section (2) of section 87; (zw) the fees and the surcharge to be paid under sub-section (1) of section 89; (zx) any other matter which is required to be or may be prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)1
[5. Foreign Trade Policy.-- The Central Government may, from time to time, formulate and
announce, by notification in the Official Gazette, the foreign trade policy and may also, inlike manner,
amend that policy:
Provided that the Central Government may direct that, in respect of the Special Economic Zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the Official Gazette.]
1 Subs. by s. 5,ibid., for section 5 (w.e.f.27-8-2010).
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner in which and the conditions subject to which a special licence may be issued under sub-section (2) of section 8; (b) the exceptions subject to which and the person or class of persons in respect of whom fees may belevied and the manner in which a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be granted or renewed under sub-section (1) of section 9; 2 [(c) the class or classes of goods (including the goods connected with service or technology) for which a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted under sub-section (2) of section 9;] (d) the form in which and the terms, conditions and restrictions subject to which 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be granted under sub-section (3) of section 9; (e) the conditions subject to which a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be suspended or cancelled under sub-section (4) of section 9; 3 [(ea) the matter in which goods the import of which shall be subject to quantitative restrictions, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined under sub-section (3) of section 9A;] (f) the premises, 4 [goods (including the goods connected with the service or technology)], documents, things and conveyances in respect of which and the requirements and conditions subject to which power of entry, search, inspection and seizure may be exercised under sub-section (1) of section10; (g) the class or classes of cases for which and the manner in which an amount, by way of settlement, may be determined under 5 [sub-section (4) of section 11]; 6 [(h) the requirements and conditions subject to which goods (including the goods connected with the service or technology) and conveyances shall be liable to confiscation under sub-section (8) of section 11;] 7 [(i) the manner in which and the conditions subject to which goods (including the goods connected with the service or technology) and conveyances may be released on payment of redemption charges under sub-section (9) of section 11]; (j) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every rule and every Order made by the Central Government 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 rule or the Order or both Houses agree that the rule or the Order should not be made, the rule or the Order, as the case may be, 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 prejudice to the validity of anything previously done under that rule or the Order.
1 Subs. by Act 25 of 2010, s. 21, for "licence" (w.e.f.27-8-2010).
2 Subs. by s. 21, ibid., for clause (c) (w.e.f.27-8-2010). 3 Ins. by s.21, ibid. (w.e.f.27-8-2010). 4 Subs. by s. 21, ibid., for "goods" (w.e.f.27-8-2010). 5 Subs. by s. 21, ibid., for "sub-section (3) of section 11" (w.e.f.27-8-2010). 6 Subs. by s. 21, ibid., for clause (h) (w.e.f.27-8-2010). 7 Subs. by s. 21, ibid., for clause (i) (w.e.f.27-8-2010). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may--
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 1[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All 2[certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such 2[certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 3[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of-- (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.]
1. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023).
2. Subs. by s. 13, ibid., for "extracts" (w.e.f. 1-10-2023). 3. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). (1) The
1[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this
behalf, cause to be registered information as to births and deaths of citizens of India outside India received by
him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship
Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
1. Subs. by s. 2, ibid., for "Registrar-General" (w.e.f. 1-10-2023)
The State Government may, by notification in the Official Gazette,
divide the territory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(1) In this Act, unless the context otherwise requires,--
1[(a) "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (aa) "adoption" shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] "birth" means live-birth or still-birth; 1[(b) "database" means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] "death" means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) "foetal death" means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) "live-birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) "prescribed" means prescribed by rules made under this Act; (f) "State Government", in relation to a Union territory, means the Administrator thereof; (g) "still-birth" means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023).
2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). (1) No suit, prosecution or other legal proceeding
shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising
any power or performing any duty under this Act for anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for-- (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). (1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act. If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal
entry and add thereto the date of the correction or cancellation.
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". | ||||||||||||||||
Related Section(s)The Central Government may make rules for the
provisions in relation to winding up and dissolution of limited liability partnerships.
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- 1* * * * * 2* * * * * 3[(aaa) t the conditions and manner of foreign investment under sub-clause (b) of clause (7A) of section 2;] 4[(b) the manner in which it shall be determined which of the transactions of an insurer are to be deemed for the purposes of this Act to be insurance business transacted 5*** in 6[India] 7***;] 8* * * * * (d) the form referred to in clause (d) of sub-section (2) of section 16; (e) the manner in which the prospectuses and tables referred to in sub-section (1) of section 41 shall be published and the form in which they shall be drawn up; 9* * * * * 10* * * * * (h) the contingencies other than those specified in clauses (a) to (f) of 11[sub-section (2) of] section 65 on the happening of which money may be paid by provident societies; (i) the matters other than those specified in clauses (a) to (o) of sub-section (1) of section 74 on which a provident society shall make rules; (j) the form of any account, return or registered required by the Part III and the manner in which such account, return or register shall be verified; (k) subject to the provisions of this Act, the fees payable thereunder and the manner in which they are to be collected; 12***. (l) the conditions and the matters which may be prescribed under sub-sections (5), 13[(6)], (10) and (12) of section 92; 14[(la) the manner of inquiry under sub-section (l) of section 105C; (lb) the form in which an appeal may be preferred under sub-section (2) and the fee payable in respect of such appeal and the procedure for filing and disposing of an appeal under sub-section (6) of section 110;] 15* * * * * 16[(m) any other matter which is to be or may be prescribed.] 17* * * * * 18[(3) Every rule made under this section or under sub-section (10) of section 34H 19*** and every regulation made under this Part 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation.] 20[(4)] All rules made by a Local Government under the provisions of section 24 of the Provident Insurance Societies Act, 1912 (5 of 1912) and in force at the commencement of this Act shall so far as not inconsistent with the provisions of Part III continue in force and have effect as if duly made under this section until they are replaced by rules made under this section.
1. Clause (a) omitted by Act 42 of 2002, s. 16 (w.e.f. 23-9-2002).
2. Clause (aa) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 3. Subs. by Act 6 of 2021, s. 4, for clause (aaa) (w.e.f. 1-4-2021). 4. Subs. by Act 13 of 1941, s. 62, for clause (b) (w.e.f. 8-4-1941). 5. The words in India or omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 6. Subs. by s. 2 and the Schedule, ibid., for the States (w.e.f. 1-11-1956) 7. The words as the case may be omitted by Act s. 2 and the Schedule, ibid., (w.e.f. 1-11-1956). 8. Clause (c) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 9. Clause (f) omitted by s. 100, ibid. (w.e.f. 26-12-2014). 10. Clause (g) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). 11. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 12. The word and omitted by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 13. Ins. by Act 11 of 1939, s. 32. 14. Ins. by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 15. Clause (ll) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). 16. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 17. The proviso omitted by ibid, s. 16 (w.e.f. 10-4-1940). 18. Subs. by Act 20 of 1983, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-3-1984). 19. The words, brackets, figures and letters or under sub-section (1) of section 64UB and every regulation made under sub-section (3) of section 64UB omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 20@. Sub-section (3) re-numbered as sub-section (4) thereof by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). (1) This Act may be called the Insurance Act, 1938.
1[(2) It extends to the whole of India 2***.] (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
1. Subs. by Act 47 of 1950, s. 2, for sub-section (2) (w.e.f. 1-6-1950).
2. The words "except the State of Jammu and Kashmir" omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 3. 1st July, 1939: see notification no. 589-(4)/38, dated the 1st April, 1939, Gazette of India, 1939, Pt. I, p. 631. In this Act, unless there is anything repugnant in the subject or context, --
1[(1) actuary means an actuary as defined in clause (a) of sub-section (1) of section 2 of the Actuaries Act, 2006 (35 of 2006); (1A) Authority means the Insurance Regulatory and Development Authority of India established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] 2[(2) policy-holder includes a person to whom the whole of the interest of the policy-holder in the policy is assigned once and for all, but does not include an assignee thereof whose interest in the policy is defeasible or is for the time being subject to any condition ;] 3[(3) approved securities means-- (i) Government securities and other securities charged on the revenues of the Central Government or of the Government of a 4*** State or guaranteed fully as regards principal and interest by the Central Government, or the Government of any 2*** State ; (ii) debentures or other securities for money issued under the authority of any Central Act or Act of a State Legislature by or on behalf of a port trust or municipal corporation or city improvement trust in any presidency-town ; (iii) shares of a corporation established by law and guaranteed fully by the Central Government or the Government of a 5*** State as to the repayment of the principal and the payment of dividend ; (iv) securities issued or guaranteed fully as regards principal and interest by the Government of any Part B State and specified as approved securities for the purposes of this Act by the Central Government by notification in the Official Gazette ; and 6* * * * * Provided that securities or debentures specified in item (v) shall be recognished as approved securities only for such purposes and for such period and subject to such conditions as may be prescribed ;] 7[Explanation. -- In sub-clauses (i) and (iii), Government of a State in relation to any period before the 1st November, 1956, means the Government of a Part A State.] 8[(4) auditor means a person qualified under the Chartered Accountants Act, 1949 (38 of 1949), to act as an auditor of companies;] 9[(4A) banking company and company shall have the meanings respectively assigned to them in clauses (c) and (d) of sub-section (1) of section 5 of the Banking Companies Act, 1949 (10 of 1949) 10***;] (5) certified in relation to any copy or translation of a document required to be furnished by or on behalf of 11[an insurer or a provident society as defined in Part III] means certified by a principal officer of 12[such insurer or provident society] to be a true copy or a correct translation, as the case may be; 13* * * * * 14[(5B) Controller of Insurance means the officer appointed by the Central Government under section 2B to exercise all the powers, discharge the functions and perform the duties of the Authority under this Act or the Life Insurance Corporation Act, 1956 (31 of 1956) or the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] (6) Court means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction; 15[(6A) fire insurance business means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence customarily included among the risks insured against in fire insurance policies; (6B) general insurance business means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them;] 16[(6C) health insurance business means the effecting of contracts which provide for sickness benefits or medical, surgical or hospital expense benefits, whether in-patient or out-patient travel cover and personal accident cover;] 17[(7) Government security means a Government security as defined in the Public Debt Act, 1944 (18 of 1944);] 18[(7A) Indian insurance company means any insurer, being a company which is limited by shares, and, -- (a) which is formed and registered under the Companies Act, 2013 (18 of 2013) as a public company or is converted into such a company within one year of the commencement of the Insurance Laws (Amendment) Act, 2015 (5 of 2015); 19[(b) in which the aggregate holdings of equity shares by foreign investors including portfolio investors, do not exceed seventy-four per cent. of the paid-up equity capital of such Indian insurance company, and the foreign investment in which shall be subject to such conditions and manner, as may be prescribed. ] Explanation. --For the purposes of this sub-clause, the expression control shall include the right to appoint a majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements; (c) whose sole purpose is to carry on life insurance business or general insurance business or re-insurance business or health insurance business;] 20* * * * * 21[(8A) insurance co-operative society means any insurer being a co-operative society, -- (a) which is registered on or after the commencement of the Insurance (Amendment) Act, 2002 (42 of 2002), as a co-operative society under the Co-operative Societies Act, 1912 (2 of 1912) or under any other law for the time being in force in any State relating to Co-operative Societies or under the Multi-State Co-operative Societies Act, 1984 (51 of 1984); 22[(b) having a minimum paid-up capital of rupees one hundred crore in case of life insurance business, general insurance business and health insurance business;] (c) in which no body corporate, whether incorporated or not, formed or registered outside India, either by itself or through its subsidiaries or nominees, at any time, holds more than twenty-six per cent of the capital of such Co-operative Society; (d) whose sole purpose is to carry on life insurance business or general insurance business 23[or health insurance business] in India;] 24[(9) insurer means-- (a) an Indian Insurance Company, or (b) a statutory body established by an Act of Parliament to carry on insurance business, or (c) an insurance co-operative society, or (d) a foreign company engaged in re-insurance business through a branch established in India. Explanation. -- For the purposes of this sub-clause, the expression foreign company shall mean a company or body established or incorporated under a law of any country outside India and includes Lloyd's established under the Lloyd's Act, 1871 (United Kingdom) or any of its Members;] (10) insurance agent means an insurance agent 25*** 26*** who receives or agrees to receive payment by way of commission or other remuneration in consideration of his soliciting or procuring insurance business 27[including business relating to the continuance, renewal or revival of policies of insurance]; 28[(10A) investment company means a company whose principal business is the acquisition of shares, stocks, debentures or other securities ;] 29[(10B) intermediary or insurance intermediary shall have the meaning assigned to it in clause (f) of sub-section (1) of section 2 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] 30[(11) life insurance business means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, and any contract which is subject to payment of premiums for a term dependent on human life and shall be deemed to include-- (a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance, (b) the granting of annuities upon human life ; and (c) the granting of superannuation allowances and 31[benefit payable out of any fund] applicable solely to the relief and maintenance of persons engaged or who have been engaged in any particular profession, trade or employment or of the dependents of such persons ;] 32[Explanation. -- For the removal of doubts, it is hereby declared that life insurance business shall include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a component of investment and a component of insurance issued by an insurer referred to in clause (9) of this section.] 33* * * * * 32* * * * * 34[(13A) marine insurance business means the business of effecting contracts of insurance upon vessels of any description, including cargoes, freights and other interests which may be legally insured, in or in relation to such vessels, cargoes and freights, goods, wares, merchandise and property of whatever description insured for any transit by land or water, or both, and whether or not including warehouse risks or similar risks in addition, or as incidental to such transit, and includes any other risks customarily included among the risks insured against in marine insurance policies ; (13B) miscellaneous insurance business means the business of effecting contracts of insurance which is not principally or wholly of any kind or kinds included in clauses (6A), (11) and (13A);] 35[(13BA) National Company Law Tribunal means the National Company Law Tribunal constituted under section 10FB of the Companies Act, 1956 (1 of 1956); (13BB) the National Company Law Appellate Tribunal means the National Company Law Appellate Tribunal constituted under sub-section (1) of section 10FR of the Companies Act, 1956 (1 of 1956);] (14) prescribed means prescribed by rules made under 36[this Act]; and 37* * * * * 38* * * * * (16) private company and public company have the meanings respectively assigned to them in 39[clause (68) and clause (72) of section 2 of the Companies Act, 2013 (18 of 2013)]; 40[(16A) regulations means the regulations framed by the Insurance Regulatory and Development Authority of India established under the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (16B) re-insurance means the insurance of part of one insurers risk by another insurer who accepts the risk for a mutually acceptable premium; (16C) Securities Appellate Tribunal means the Securities Appellate Tribunal established under section 15K of the Securities and Exchange Board of India Act, 1992 (15 of 1992);] 41 * * * * *
1. Subs. by Act 5 of 2015, s. 3, for clauses (1) and (1A) (w.e.f. 26-12-2014).
2. Subs. by Act 6 of 1946, s. 2, for clause (2) (w.e.f. 20-3-1946). 3. Subs. by Act 47 of 1950, s. 3, for clause (3) (w.e.f. 1-6-1950). 4. The words Part A omitted by the Adaptation of Laws (No. 3) Order, 1956. 5. The word Part A omitted by the Adaptation of Laws (No. 3) Order, 1956. 6. Sub-clause (v) omitted by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002). 7. Ins. by The Adaptation of Laws (No. 3) order 1956. 8. Subs. by Act 47 of 1950, s. 3 for clause 4 (w.e.f. 1-6-1950). 9. Ins. by s. 3, ibid, (w.e.f. 1-6-1950). 10. Now renamed as Banking Regulation Act, 1949 (10 of 1949). 11. Subs. by Act 13 of 1941, s. 2, for an insurer (w.e.f. 8-4-1941). 12. Subs. by s. 2, ibid, for the insurer (w.e.f. 8-4-1941). 13. Clause (5A) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 14. Subs. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). Earlier it was inserted by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 15. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 16. Ins. by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 17. Subs. by Act 47 of 1950, s. 3, for clause (7) (w.e.f. 1-6-1950). 18. Subs. by Act 5 of 2015, s. 3, for clause (7A) (w.e.f. 26-12-2014). 19. Subs. by Act 6 of 2021, s. 2, for sub-clause (b) (w.e.f. 1-4-2021). 20. Clause (8) omitted by s. 3, ibid. (w.e.f. 26-12-2014). 21. Ins. by Act 42 of 2002, s. 2 (w.e.f. 9-8-2002). 22. Subs. by Act 5 of 2015, s. 3, for sub-clause (b) (w.e.f. 26-12-2014). 23. Ins. by s. 3, ibid. (w.e.f. 26-12-2014). 24. Subs. by s. 3, ibid., for clause (9) (w.e.f. 26-12-2014). 25. The words and figures licensed under section 42 omitted by s. 3, ibid. (w.e.f. 26-12-2014). 26. The words being an individual omitted by Act 35 of 1957, s. 2 (w.e.f. 1-9-1957). 27. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 28. Ins. by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002). 29. Subs. by Act 47 of 1950, s. 2, for clause (11) (w.e.f. 23-9-2002). 30. Subs. by Act, 5 of 2015, s. 3, for annuities payable out of any fund ( w.e.f. 26-12-2014). 31. Ins. by Act 26 of 2010, s. 3 (w.e.f. 9-4-2010). 32. Clause (12) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 33. Clause (13) omitted by s. 3, ibid. (w.e.f. 26-12-2014). 34. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 35.. Ins. by Act 11 of 2003, s. 133 and the Schedule (w.e.f. 1-4-2003). 36.. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for section 114 (w.e.f. 19-4-2000). 37. Clause (14A) omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 38. Clause (15) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 39. Subs. by Act 5 of 2015, s. 3 for clauses (13) and (13A) of section 2 of the Indian Companies Act, 1913 (7 of 1913) (w.e.f. 26-12-2014). 40. Ins. by s. 3, ibid. (w.e.f. 26-12-2014). 41. Clause (17) omitted by s. 3, ibid. (w.e.f. 26-12-2014). | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the authorities who may declare the employment of any railway servant essentially intermittent or intensive; (b) the appeals against any such declaration and the manner in which, and the conditions subject to which any such appeal may be filed and heard; (c) the categories of staff that may be specified under sub-clauses (iv) and (v) of clause (c) of section 130; (d) the authorities by whom exemptions under sub-section (4) of section 132 or sub-section (3) of section 133 may be made; (e) the delegation of power by the authorities referred to in clause (d); (f) the railway servant to whom clause (ii) of sub-section (2) of section 133 apply and the periods of rest to be granted to them; (g) the appointment of supervisors of railway labour and their functions. | ||||||||||||||||
Related Section(s)1[Short title, extent, application and commencement].--(1) This Act may be called the Right of
Children to Free and Compulsory Education Act, 2009.
(2) It shall extend to the whole of India 2***. (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint. 4[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education. (5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]
1. Subs. by Act 2 of 2018, s. 3 and The Second Schedule, for "the marginal heading" (w.e.f. 5-1-2018).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 3. 1st April, 2010, vide notification No. S.O. 428(E), dated 16th February, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. Ins. by Act 30 of 2012, s. 2 (w.e.f. 1-8- 2012). | ||||||||||||||||
Related Section(s)(1)This Act may be called the Mines and Minerals 1(Development and Regulation) Act, 1957.
(2) It extends to the whole of India. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1. Subs. by Act 38 of 1999, s. 3, for "(Regulation and Development)" (w.e.f. 18-12-1999).
2. 1st June, 1958, vide notification No. G.S.R. 432, dated 29th May, 1958, see Gazette of India, Extraordinary, Part II, sec. 3(i). @centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)The Central Government may, by notification in the official Gazette,
make rules to provide for all or any of the following matters, namely:--
(1) the salaries and allowances and conditions of service of members, 1***; (2) the functions and duties of the 2[members]; (3) the dams or other works or the installations which may be constructed without the approval of the Corporation; (4) the forms of the budget, the annual report and the annual financial statements and the dates by which copies of the annual financial statements shall be made available to the participating Governments; (5) the manner in which the accounts of the Corporation shall be maintained and audited; (6) the appointment of an Advisory Committee; and (7) the punishment for breach of any rule made under this Act.
1. The words "the secretary and the financial adviser" omitted by Act 1 of 2012, s. 7 (w.e.f. 19-8-2013).
2. Subs. by s. 7, ibid., for "financial adviser" (w.e.f. 19-8-2013) (1) This Act may be called the Damodar Valley
Corporation Act, 1948.
(2) It extends to the States of Bihar and West Bengal. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
1. 2nd April, 1948, see Gazette of India, Part I.
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Related Section(s)(1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)The Chairperson shall exercise such
financial and administrative powers as may be vested in him by the rules made under this section:
Provided that the Chairperson shall have authority to delegate such of the financial and administrative powers as he may think fit to any Member or Secretary or any other officer of the Commission subject to the condition that such Member or Secretary or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairperson. The Chairperson, Members, Secretary, officers and other employees of the Commission shall
be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
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Related Section(s)17. 1[Application against measures to recover secured debts].-- (1) Any person (including
borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the
secured creditor or his authorised officer under this Chapter,
2[may make an application along with such
fee, as may be prescribed,] to the Debts Recovery Tribunal having jurisdiction in the matter within fortyfive
days from the date on which such measure had been taken:
3[Provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower.] 4[Explanation.--For the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person (including borrower) to make an application to the Debts Recovery Tribunal under this sub-section.] 5[(1A) An application under sub-section (1) shall be filed before the Debts Recovery Tribunal within the local limits of whose jurisdiction-- (a) the cause of action, wholly or in part, arises; (b) where the secured asset is located; or (c) the branch or any other office of a bank or financial institution is maintaining an account in which debt claimed is outstanding for the time being.] 6[(2) The Debts Recovery Tribunal shall consider whether any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor for enforcement of security are in accordance with the provisions of this Act and the rules made thereunder. 7[(3) If, the Debts Recovery Tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor are not in accordance with the provisions of this Act and the rules made thereunder, and require restoration of the management or restoration of possession, of the secured assets to the borrower or other aggrieved person, it may, by order,-- (a) declare the recourse to any one or more measures referred to in sub-section (4) of section 13 taken by the secured creditor as invalid; and (b) restore the possession of secured assets or management of secured assets to the borrower or such other aggrieved person, who has made an application under sub-section (1), as the case may be; and (c) pass such other direction as it may consider appropriate and necessary in relation to any of the recourse taken by the secured creditor under sub-section (4) of section 13.] (4) If, the Debts Recovery Tribunal declares the recourse taken by a secured creditor under sub-section (4) of section 13, is in accordance with the provisions of this Act and the rules made thereunder, then, notwithstanding anything contained in any other law for the time being in force, the secured creditor shall be entitled to take recourse to one or more of the measures specified under sub-section (4) of section 13 to recover his secured debt. 8[(4A) Where-- (i) any person, in an application under sub-section (1), claims any tenancy or leasehold rights upon the secured asset, the Debt Recovery Tribunal, after examining the facts of the case and evidence produced by the parties in relation to such claims shall, for the purposes of enforcement of security interest, have the jurisdiction to examine whether lease or tenancy,-- (a) has expired or stood determined; or (b) is contrary to section 65A of the Transfer of Property Act, 1882 (4 of 1882); or (c) is contrary to terms of mortgage; or (d) is created after the issuance of notice of default and demand by the Bank under subsection (2) of section 13 of the Act; and (ii) the Debt Recovery Tribunal is satisfied that tenancy right or leasehold rights claimed in secured asset falls under the sub-clause (a) or sub-clause (b) or sub-clause (c) or sub-clause (d) of clause (i), then notwithstanding anything to the contrary contained in any other law for the time being in force, the Debt Recovery Tribunal may pass such order as it deems fit in accordance with the provisions of this Act.] (5) Any application made under sub-section (1) shall be dealt with by the Debts Recovery Tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: Provided that the Debts Recovery Tribunal may, from time to time, extend the said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the Debts Recovery Tribunal, shall not exceed four months from the date of making of such application made under sub-section (1). (6) If the application is not disposed of by the Debts Recovery Tribunal within the period of four months as specified in sub-section (5), any part to the application may make an application, in such form as may be prescribed, to the Appellate Tribunal for directing the Debts Recovery Tribunal for expeditious disposal of the application pending before the Debts Recovery Tribunal and the Appellate Tribunal may, on such application, make an order for expeditious disposal of the pending application by the Debts Recovery Tribunal. (7) Save as otherwise provided in this Act, the Debts Recovery Tribunal shall, as far as may be, dispose of the application in accordance with the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) and the rules made thereunder.]
1. Subs. by s. 14, ibid., for "Right to appeal" (w.e.f. 1-9-2016).
2. Subs. by Act 30 of 2004, s. 10, for "may prefer an appeal" (w.e.f. 21-6-2002). 3. Ins. by s. 10, ibid. (w.e.f. 21-6-2002). 4. Ins. by s. 10, ibid. (w.e.f. 11-11-2004). 5. Ins. by Act 44 of 2016, s. 14 (w.e.f. 1-9-2016). 6. Subs. by Act 30 of 2004, s.10, for sub-sections (2) and (3) (w.e.f. 11-11-2004). 7. Subs. by Act 44 of 2016, s. 14, for sub-section (3) (w.e.f. 1-9-2016). 8. Ins. by Act 44 of 2016, s. 14 (w.e.f. 1-9-2016). (1) Any person aggrieved, by any order made by the Debts
Recovery Tribunal 1[under section 17, may prefer an appeal along with such fee, as may be prescribed]to
the Appellate Tribunal within thirty days from the date of receipt of the order of Debts Recovery
Tribunal.
2[Provided that different fees may be prescribed for filing an appeal by the borrower or by the person other than the borrower:] 3[Provided further that no appeal shall be entertained unless the borrower has deposited with the Appellate Tribunal fifty per cent. of the amount of debt due from him, as claimed by the secured creditors or determined by the Debts Recovery Tribunal, whichever is less: Provided also that the Appellate Tribunal may, for the reasons to be recorded in writing, reduce the amount to not less than twenty-five per cent. of debt referred to in the second proviso.] (2) Save as otherwise provided in this Act, the Appellate Tribunal shall, as far as may be, dispose of the appeal in accordance with the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) and rules made thereunder.
1. Subs. by Act 30 of 2004, s. 12, for "under section 17, may prefer an appeal" (w.e.f. 21-6-2002).
2. Ins. by s. 12, ibid. (w.e.f. 21-6-2002). 3. Ins. by s. 12, ibid. (w.e.f. 11-11-2004). (1) The Central Government may, by
notification and in the Electronic Gazette as defined in clause (s) of section 2 of the Information
Technology Act, 2000 (21 of 2000), make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (t) of section 2;] 2[(aa)] the form and manner in which an application may be filed under sub-section (10) of section 13; (b) the manner in which the rights of a secured creditor may be exercised by one or more of his officers under sub-section (12) of section 13; 3[(ba) the fee for making an application to the Debts Recovery Tribunal under sub-section (1) of section 17; (bb) the form of making an application to the Appellate Tribunal under sub-section (6) of section 17; (bc) the fee for preferring an appeal to the Appellate Tribunal under sub-section (1) of section 18;] 1[(bca) the manner of integration of records of various registration systems with the records of Central Registry under sub-section (1) of section 20A; (bcb) the terms and conditions of delegation of powers by the Central Government to the Reserve Bank under section 20B;] (c) the safeguards subject to which the records may be kept under sub-section (2) of section 22; (d) the manner in which the particulars of every transaction of securitisation shall be filed under section 23 and fee for filing such transaction; 1[(da) the form for registration of different types of security interests and fee thereof under sub-section (3) of section 23;] (e) the fee for inspecting the particulars of transactions kept under section 22 and entered in the Central Register under sub-section (1) of section 26; (f) the fee for inspecting the Central Register maintained in electronic form under sub-section (2) of section 26; 1[(fa) the form and the manner for filing particulars of transactions under sub-section (2) of section 26B; (fb) the form and manner of filing attachment orders with the Central Registry and the date under sub-section (4) of section 26B; (fc) the form and manner of filing particulars of attachment order with the Central Registry and the fee under sub-section (5) of section 26B;] (g) any other matter which is required to be, or may be, prescribed, in respect of which provision is to be, or may be, made by rules. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 44 of 2016, s. 25 (w.e.f. 1-9-2016).
2. Clause (a) renumbered as clause (aa) by s. 25, ibid. (w.e.f. 1-9-2016). 3. Ins. by Act 30 of 2004, s. 18 (w.e.f. 11-11-2004). (1) Notwithstanding anything contained in section 69 or
section 69A of the Transfer of Property Act, 1882 (4 of 1882), any security interest created in favour of
any secured creditor may be enforced, without the intervention of the court or tribunal, by such creditor in
accordance with the provisions of this Act.
(2) Where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any instalment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset, then, the secured creditor may require the borrower by notice in writing to discharge in full his liabilities to the secured creditor within sixty days from the date of notice failing which the secured creditor shall be entitled to exercise all or any of the rights under sub-section (4). 1[Provided that-- (i) the requirement of classification of secured debt as non-performing asset under this sub-section shall not apply to a borrower who has raised funds through issue of debt securities; and (ii) in the event of default, the debenture trustee shall be entitled to enforce security interest in the same manner as provided under this section with such modifications as may be necessary and in accordance with the terms and conditions of security documents executed in favour of the debenture trustee.] (3) The notice referred to in sub-section (2) shall give details of the amount payable by the borrower and the secured assets intended to be enforced by the secured creditor in the event of non-payment of secured debts by the borrower. 2[(3A) If, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate 3[within fifteen days] of receipt of such representation or objection the reasons for nonacceptance of the representation or objection to the borrower: Provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the Debts Recovery Tribunal under section 17 or the Court of District Judge under section 17A.] (4) In case the borrower fails to discharge his liability in full within the period specified in sub-section (2), the secured creditor may take recourse to one or more of the following measures to recover his secured debt, namely:-- (a) take possession of the secured assets of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset; 4[(b) take over the management of the business of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset: Provided that the right to transfer by way of lease, assignment or sale shall be exercised only where the substantial part of the business of the borrower is held as security for the debt: Provided further that where the management of whole of the business or part of the business is severable, the secured creditor shall take over the management of such business of the borrower which is relatable to the security for the debt;] (c) appoint any person (hereafter referred to as the manager), to manage the secured assets the possession of which has been taken over by the secured creditor; (d) require at any time by notice in writing, any person who has acquired any of the secured assets from the borrower and from whom any money is due or may become due to the borrower, to pay the secured creditor, so much of the money as is sufficient to pay the secured debt. (5) Any payment made by any person referred to in clause (d) of sub-section (4) to the secured creditor shall give such person a valid discharge as if he has made payment to the borrower. 5[(5A) Where the sale of an immovable property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less than such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured creditor in this behalf, to bid for the immovable property on behalf of the secured creditor at any subsequent sale. (5B) Where the secured creditor, referred to in sub-section (5A), is declared to be the purchaser of the immovable property at any subsequent sale, the amount of the purchase price shall be adjusted towards the amount of the claim of the secured creditor for which the auction of enforcement of security interest is taken by the secured creditor, under sub-section (4) of section 13. (5C)The provisions of section 9 of the Banking Regulation Act, 1949 (10 of 1949) shall, as far as may be, apply to the immovable property acquired by secured creditor under sub-section (5A).] (6) Any transfer of secured asset after taking possession thereof or take over of management under sub-section (4), by the secured creditor or by the manager on behalf of the secured creditor shall vest in the transferee all rights in, or in relation to, the secured asset transferred as if the transfer had been made by the owner of such secured asset. (7) Where any action has been taken against a borrower under the provisions of sub-section (4), all costs, charges and expenses which, in the opinion of the secured creditor, have been properly incurred by him or any expenses incidental thereto, shall be recoverable from the borrower and the money which is received by the secured creditor shall, in the absence of any contract to the contrary, be held by him in trust, to be applied, firstly, in payment of such costs, charges and expenses and secondly, in discharge of the dues of the secured creditor and the residue of the money so received shall be paid to the person entitled thereto in accordance with his rights and interests. 6[(8) Where the amount of dues of the secured creditor together with all costs, charges and expenses incurred by him is tendered to the secured creditor at any time before the date of publication of notice for public auction or inviting quotations or tender from public or private treaty for transfer by way of lease, assignment or sale of the secured assets,-- (i) the secured assets shall not be transferred by way of lease assignment or sale by the secured creditor; and (ii) in case, any step has been taken by the secured creditor for transfer by way of lease or assignment or sale of the assets before tendering of such amount under this sub-section, no further step shall be taken by such secured creditor for transfer by way of lease or assignment or sale of such secured assets.] (9) 7[Subject to the provisions of the Insolvency and Bankruptcy Code, 2016, in the case of] financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any or all of the rights conferred on him under or pursuant to sub-section (4) unless exercise of such right is agreed upon by the secured creditors representing not less than 8[sixty per cent.] in value of the amount outstanding as on a record date and such action shall be binding on all the secured creditors: Provided that in the case of a company in liquidation, the amount realised from the sale of secured assets shall be distributed in accordance with the provisions of section 529A of the Companies Act, 1956 (1 of 1956): Provided further that in the case of a company being wound up on or after the commencement of this Act, the secured creditor of such company, who opts to realise his security instead of relinquishing his security and proving his debt under proviso to sub-section (1) of section 529 of the Companies Act, 1956 (1 of 1956), may retain the sale proceeds of his secured assets after depositing the workmen's dues with the liquidator in accordance with the provisions of section 529A of that Act: Provided also that liquidator referred to in the second proviso shall intimate the secured creditor the workmen's dues in accordance with the provisions of section 529A of the Companies Act, 1956 (1 of 1956) and in case such workmen's dues cannot be ascertained, the liquidator shall intimate the estimated amount of workmen's dues under that section to the secured creditor and in such case the secured creditor may retain the sale proceeds of the secured assets after depositing the amount of such estimate dues with the liquidator: Provided also that in case the secured creditor deposits the estimated amount of workmen's dues, such creditor shall be liable to pay the balance of the workmen's dues or entitled to receive the excess amount, if any, deposited by the secured creditor with the liquidator: Provided also that the secured creditor shall furnish an undertaking to the liquidator to pay the balance of the workmen's dues, if any. Explanation.--For the purposes of this sub-section,-- (a) "record date" means the date agreed upon by the secured creditors representing not less than 8[sixty per cent.] in value of the amount outstanding on such date; (b) "amount outstanding" shall include principal, interest and any other dues payable by the borrower to the secured creditor in respect of secured asset as per the books of account of the secured creditor. (10) Where dues of the secured creditor are not fully satisfied with the sale proceeds of the secured assets, the secured creditor may file an application in the form and manner as may be prescribed to the Debts Recovery Tribunal having jurisdiction or a competent court, as the case may be, for recovery of the balance amount from the borrower. (11) Without prejudice to the rights conferred on the secured creditor under or by this section, secured creditor shall be entitled to proceed against the guarantors or sell the pledged assets without first taking any of the measured specifies in clauses (a) to (d) of sub-section (4) in relation to the secured assets under this Act. (12) The rights of a secured creditor under this Act may be exercised by one or more of his officers authorised in this behalf in such manner as may be prescribed. (13) No borrower shall, after receipt of notice referred to in sub-section (2), transfer by way of sale, lease or otherwise (other than in the ordinary course of his business) any of his secured assets referred to in the notice, without prior written consent of the secured creditor. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Amendment of section 13.--In sub-section (3A), in proviso thereto, omit "or the Court of District Judge under section 17A" [Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. Ins. by Act 44 of 2016, s. 11 (w.e.f. 1-9-2016).
2. Ins. by Act 30 of 2004, s. 8(w.e.f. 11-11-2004). 3. Subs. by Act 1 of 2013, s. 5, for "within one week" (w.e.f. 15-1-2013). 4. Subs. by Act 30 of 2004, s. 8, for clause (b) (w.e.f. 11-11-2004). 5. Ins. by Act 1 of 2013, s. 5 (w.e.f. 15-1-2013). 6. Subs. by Act 44 of 2016, s. 11, for sub-section (8) (w.e.f. 1-9-2016). 7. Subs. by Act 31 of 2016, s. 251 and The Seventh Schedule, for "In the case of" (w.e.f. 15-11-2016) 8. Subs. by Act 1 of 2013, s. 5, for "three-fourth" (w.e.f. 15-1 -2013). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) This Act may he called the 1*** Boilers Act, 1923.
2[(2) It extends to the whole of India 3***.] (3) It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint.
1. The word "Indian" omitted by Act 49 of 2007, s. 2 (w.e.f. 27-5-2008).
2. Subs. by the A.O. 1950, for sub-section (2). 3. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 4. 1st January, 1924, see Notification No. A- 61, dated the 4th December, 1923, Gazette of India, Pt. I, p. 1695. 1[28A. Power of Central Government to make rules.--2[(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(1A) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure to be followed in making applications under section 20A and the fees payable in respect of such application; (b) the qualifications and experience of persons to be appointed as Chief Inspectors, Deputy Chief Inspectors and Inspectors; (c) the manner in which appeals may be preferred to the Board, the fees payable in respect of appeals and the procedure to be followed of disposing such appeals; (d) the term of office of the members and the manner in which they shall be nominated under clauses (b) and (c) of sub-section (2) of section 27A; (e) the qualifications and experience of the Technical Adviser; (f) for requiring boilers to be under the charge of persons holding certificate of proficiency or competency and for prescribing the conditions on which such certificate may be granted; (g) the manner in which and the person who shall conduct inquiry into the accident.] (2) Every rule 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 3[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 18 of 1960, s. 16.
2. Subs. by Act 49 of 2007, s. 26, for sub-section (1) (w.e.f. 27-5-2008). 3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). | ||||||||||||||||
Related Section(s)(1) Subject to the 1[provisions of section 43, sub-section (2) of section 50 and
sub-section (1) of section 188],--
(a) every member of a company limited by shares and holding equity share capital therein, shall have a right to vote on every resolution placed before the company; and (b) his voting right on a poll shall be in proportion to his share in the paid-up equity share capital of the company. (2) Every member of a company limited by shares and holding any preference share capital therein shall, in respect of such capital, have a right to vote only on resolutions placed before the company which directly affect the rights attached to his preference shares and, any resolution for the winding up of the company or for the repayment or reduction of its equity or preference share capital and his voting right on a poll shall be in proportion to his share in the paid-up preference share capital of the company: Provided that the proportion of the voting rights of equity shareholders to the voting rights of the preference shareholders shall be in the same proportion as the paid-up capital in respect of the equity shares bears to the paid-up capital in respect of the preference shares: Provided further that where the dividend in respect of a class of preference shares has not been paid for a period of two years or more, such class of preference shareholders shall have a right to vote on all the resolutions placed before the company.
1. Subs. by Act 1 of 2018, s. 11, for "provisions of section 43 and sub-section (2) of section 50" (w.e.f. 9-2-2018).
In this Act, unless the context otherwise requires,--
(1) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf; (2) "accounting standards" means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133; (3) "alter" or "alteration" includes the making of additions, omissions and substitutions; (4) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410; (5) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act; (6) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company. 1[Explanation.-- For the purpose of this clause,-- (a) the expression "significant influence" means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement; (b) the expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;] (7) "auditing standards" means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143; (8) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company; (9) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10) "Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company; (11) "body corporate" or "corporation" includes a company incorporated outside India, but does not include-- (i) a co-operative society registered under any law relating to co-operative societies; and (ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf; (12) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form; (13) "books of account" includes records maintained in respect of-- (i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place; (ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and (iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section; (14) "branch office", in relation to a company, means any establishment described as such by the company; (15) "called-up capital" means such part of the capital, which has been called for payment; (16) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage; (17) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act; (18) "Chief Executive Officer" means an officer of a company, who has been designated as such by it; (19) "Chief Financial Officer" means a person appointed as the Chief Financial Officer of a company; (20) "company" means a company incorporated under this Act or under any previous company law; (21) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; (22) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them; 2[(23) "Company Liquidator" means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;] (24) "company secretary" or "secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act; (25) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (26) "contributory" means a person liable to contribute towards the assets of the company in the event of its being wound up. Explanation.--For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory; (27) "control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner; 3[(28) "Cost Accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;] (29) "court" means-- (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii); (ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district; (iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law; (iv) the Special Court established under section 435; (v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law; (30) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not: 4[Provided that-- (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company, shall not be treated as debenture;] (31) "deposit" includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India; (32) "depository" means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); (33) "derivative" means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (34) "director" means a director appointed to the Board of a company; (35) "dividend" includes any interim dividend; (36) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form; (37) "employees stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price; (38) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force; (39) "financial institution" includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934 (2 of 1934); (40) "financial statement" in relation to a company, includes-- (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up: 5[Provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year: Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement;] 6[Provided also that] a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; (42) "foreign company" means any company or body corporate incorporated outside India which-- (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner; (43) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that-- (i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or (ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves; (44) "Global Depository Receipt" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts; (45) "Government company" means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company; (46) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies; 7[Explanation.-- For the purposes of this clause, the expression "company" includes any body corporate;] (47) "independent director" means an independent director referred to in sub-section (6) of section 149; (48) "Indian Depository Receipt" means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts; 8* * * * * (50) "issued capital" means such capital as the company issues from time to time for subscription; (51) "key managerial personnel", in relation to a company, means-- (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; 9*** 10[(v) such other officer, not more than one level below the directors who is in whole-time employment, designated as key managerial personnel by the Board; and (vi) such other officer as may be prescribed;] (52) "listed company" means a company which has any of its securities listed on any recognised stock exchange; 11 [Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies.] (53) "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not; (54) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of managing director, by whatever name called. Explanation.--For the purposes of this clause, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management; (55) "member", in relation to a company, means-- (i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members; (ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company; (iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository; (56) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; (57) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits 12[, securities premium account and debit or credit balance of profit and loss account,] after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; (58) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (59) "officer" includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity; (vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance; (vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; (61) "Official Liquidator" means an Official Liquidator appointed under sub-section (1) of section 59; (62) "One Person Company" means a company which has only one person as a member; (63) "ordinary or special resolution" means an ordinary resolution, or as the case may be, special resolution referred to in section 114; (64) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called; (65) "postal ballot" means voting by post or through any electronic mode; (66) "prescribed" means prescribed by rules made under this Act; (67)"previous company law" means any of the laws specified below:-- (i) Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866); (ii) the Indian Companies Act, 1866 (10 of 1866); (iii) the Indian Companies Act, 1882 (6 of 1882); (iv) the Indian Companies Act, 1913 (7 of 1913); (v) the Registration of Transferred Companies Ordinance, 1942 (Ord. 54 of 1942); (vi) the Companies Act, 1956 (1 of 1956); and (vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force-- (A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (B) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968), in so far as other corporations are concerned; (viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and (ix) the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961); (68) "private company" means a company having a minimum paid-up share capital 13*** as may be prescribed, and which by its articles,-- (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member: Provided further that-- (A) persons who are in the employment of the company; and (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and (iii) prohibits any invitation to the public to subscribe for any securities of the company; (69) "promoter" means a person-- (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or in directly whether as a share holder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity; (70) "prospectus" means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate; (71)"public company" means a company which-- (a) is not a private company; 14[and] (b) has a minimum paid-up share capital 15*** as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ; (72) "public financial institution" means-- (i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India: Provided that no institution shall be so notified unless-- (A) it has been established or constituted by or under any Central or State Act 16[other than this Act or the previous company law]; or (B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments; (73) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (74) "register of companies" means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act; (75) "Registrar" means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act; (76) "related party", with reference to a company, means-- (i) a director or his relative; (ii) a key managerial personnel or his relative; (iii) a firm, in which a director, manager or his relative is a partner; (iv) a private company in which a director or manager 16[or his relative] is a member or director; (v) a public company in which a director or manager is a director 17[and holds] along with his relatives, more than two per cent. of its paid-up share capital; (vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; (vii) any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; 18[(viii) any body corporate which is-- (A) a holding, subsidiary or an associate company of such company; (B) a subsidiary of a holding company to which it is also a subsidiary; or (C) an investing company or the venturer of the company. Explanation.-- For the purpose of this clause, "the investing company or the venturer of a company" means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate]; (ix) such other person as may be prescribed; (77) "relative", with reference to any person, means any one who is related to another, if-- (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed; (78) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961 (43 of 1961); (79) "Schedule" means a Schedule annexed to this Act; (80) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (81) "securities" means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (82) "Securities and Exchange Board" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (83) "Serious Fraud Investigation Office" means the office referred to in section 211; (84) "share" means a share in the share capital of a company and includes stock; (85) "small company" means a company, other than a public company,-- (i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 19[ten crore rupees]; 20[and] (ii) turnover of which 21[as per profit and loss account for the immediately preceding financial year] does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 25[one hundred crore rupees]: Provided that nothing in this clause shall apply to-- (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act; (86) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company; (87) "subsidiary company" or "subsidiary", in relation to any other company (that is to say the holding company), means a company in which the holding company-- (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the 23[total voting power] either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed. Explanation.--For the purposes of this clause,-- (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company's Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression company includes any body corporate; (d) "layer" in relation to a holding company means its subsidiary or subsidiaries; (88) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; (89) "total voting power", in relation to any matter, means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof or their proxies having a right to vote on that matter are present at the meeting and cast their votes; (90) "Tribunal" means the National Company Law Tribunal constituted under section 408; 24[(91) turnover means gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;] (92) "unlimited company" means a company not having any limit on the liability of its members; (93) "voting right" means the right of a member of a company to vote in any meeting of the company or by means of postal ballot; (94) "whole-time director" includes a director in the whole-time employment of the company; 25[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as applicable;] (95) words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts.
1. The Explanation subs. by Act 1 of 2018, s. 2 (w.e.f. 7-5-2018).
2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause (23) (w.e.f. 15-11-2016). 3. Subs. by Act 1 of 2018, s. 2, for clause (28) (w.e.f. 9-2-2018). 4. The Proviso ins. by s. 2, ibid. (w.e.f. 9-2-2018). 5. The proviso subs. by Act 22 of 2019, s. 2 (w.e.f. 2-11-2018). 6. Subs. by s. 2, ibid., for Provided further that (w.e.f. 2-11-2018). 7. The Explanation ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 8. Clause (49) omitted by s. 2, ibid. (w.e.f. 9-2-2018). 9. The word and omitted by s. 2, ibid. (w.e.f. 9-2-2018). 10. Subs. by s. 2, ibid., for sub-clause (v) (w.e.f. 9-2-2018). 11. The Proviso ins. by Act 29 of 2020, s. 2 (w.e.f. 22-1-2021). 12. Subs. by Act 1 of 2018, s. 2, for and securities premium account (w.e.f. 9-2-2018). 13. The words of one lakh rupees or such higher paid-up share capital omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 14. Ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 15. The words of five lakh rupees or such higher paid-up capital, omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 16. Ins. by S.O. 1894 (E), dated 24th July, 2014. 17. Subs. by S.O. 1820 (E), dated 9th July, 2014 for or holds . 18. Subs. by Act 1 of 2018, s. 2, for sub-clause (viii) (w.e.f. 9-2-2018). 19. Subs. by Act 1 of 2018, s. 2, for five crore rupees (w.e.f. 9-2-2018). 20. Subs. by notification No. S.O. 504(E), dated 13th February, 2015, for word or (w.e.f. 13-2-2015). 21. Subs. by Act 1 of 2018, s. 2, for as per its last profit and loss account (w.e.f. 9-2-2018). 22. Subs. by s. 2, ibid., for twenty crore rupees (w.e.f. 9-2-2018). 23. Subs. by s. 2, ibid., for total share capital (w.e.f. 7-5-2018). 24. Subs. by Act 1 of 2018, s. 2, for clause (91) (w.e.f. 9-2-2018). 25. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) of section 3; (b) the additional requirements 1 [relating to the capital adequacy, creditworthiness or code of conduct] under sixth proviso to section 14; (c) the payment of fees for application for grant of licence under sub-section (1) of section 15; (d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of section 26; (e) the works of licensees affecting the property of owner or occupier under sub-section (2) of section 67; (f) such other cases which may be prescribed under clause (c) of sub-section (2) of section 68; (g) allowances and fees payable to others Members for attending the meetings of Authority under sub-section (14) of section 70. (h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of section 70; (i) the functions and duties of the Central Electricity Authority under section 73; (j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of section 89; (k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89; (l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of section 90; (m) any other matter required to be prescribed under clause (g) of sub-section (1) of section 94; (n) the form in which the Central Commission shall prepare its annual statement of accounts under sub-section (1) of section 100; (o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of section 101; (p) the form in which and time at which the Central Commission shall prepare its budget under section 106; (q) the form and the manner of verifying such form, and fee for filing appeal under sub-section (2) of section 111; (r) the salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal under section 115; (s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 119; (t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 120; (u) the authority to whom the appeal shall be filed under sub-section (1) of section 127; (v) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143; (w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of section 161; (x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of section 162; (y) the manner of delivery of every notice, order or document to be served under sub-section (1) of section 171; (z) any other matter which is required to be, or may be, prescribed.
1. Subs. by Act 26 of 2007, s. 19, for "(including the capital adequacy, creditworthiness or code of conduct)" (w.e.f. 15-6-2007).
(1) The Central Government shall, from time to time,
prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and
the Authority for development of the power system based on optimal utilisation of resources such as coal,
natural gas, nuclear substances or materials, hydro and renewable sources of energy.
(2) The Central Government shall publish National Electricity Policy and tariff policy from time to time. (3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1). (4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years: Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: Provided further that the Authority shall- (a) notify the plan after obtaining the approval of the Central Government; (b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a). (5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)Where the Central Government is of the opinion that it is necessary or
expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such
conditions, if any, as it may specify in the notification,--
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)1[6. Salary and allowances of Chairman.--2[The Chairman] shall be entitled to such salary and
allowances and be governed by such conditions of service in respect of leave, pension, provident fund and
other matters as may from time to time be fixed by the Central Government 3[and a person appointed as
the part-time Chairman shall be entitled to such honorarium and allowances, if any, and such other
conditions of service as may from time to time be fixed by the Central Government].]
1. Subs. by Act 54 of 1954, s. 7, for section 6 (w.e.f 1-8-1955).
2. The words in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 4 to read as "A person appointed as the whole-time Chairman" . 3. The words in brackets shall stand inserted (date to be notified) by s. 4, ibid. 1* * * *
(2) The Board may appoint such 2*** Committees as may be necessary for the efficient performance of its duties and functions under this Act. (3) The Board shall have the power to co-opt as members of any Committee appointed under sub-section (2) such number of persons who are not members of the Board, as it may think fit. (4) The Board may appoint and authorize agents to discharge on its behalf any of its functions in relation to the marketing or storing of rubber.
1. Omitted by Act 54 of 1954, s. 8 (w.e.f. 1-8-1955).
2. The word "other" omitted by s. 8, ibid. (w.e.f. 1-8-1955). 1[9. Funds of the Board.--(1) The Indian Rubber Production Board constituted under the Rubber
Control and Production Order, 1946, is hereby dissolved, and all funds and other property vested in, and
all liabilities of, that Board shall respectively vest in, and be liabilities of, the Board constituted under this
Act.
2[(2) The Board shall maintain two funds, a general fund and a pool fund.]
1. Sections 9, 9A and 9B shall stand substituted (date to be notified) by Act 4 of 2010, s. 5 to read us under:
"[9. Rubber Development Fund.--"(1) There shall be a fund to be called the Rubber Development Fund and there shall be credited,-- (a) all sums forming the funds of the Board immediately before the commencement of the Rubber (Amendment) Act, 2009; (b) the proceeds of cess paid to the Board by the Central Government under sub-section (7) of section 12; (c) any sum of money that may be paid to the Board by way of grants or loans by the Central Government; (d) internal and extra budgetary resources of the Board; (e) all moneys received and collected under section 26A; and (f) any other sum that may be levied and collected under this Act and the rules made thereunder. (2) The Rubber Development Fund shall be applied-- (a) to meet the expenses of the Board; (b) to meet the cost of the measures referred to in section 8; (c) to meet the expenditure incurred in the performance of its functions under this Act or the rules made thereunder; (d) to meet the expenditure for rehabilitation of small growers; and (e) for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the Board may think necessary for the development of such estates.". 2. Subs. by Act 54 of 1954, s. 11, for sub-section (2) (w.e.f. 1-8-1955). (1) It shall be the duty of the Board to promote by such measures as it
thinks fit the development of the rubber industry 1***.
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for-- (a) undertaking, assisting or encouraging scientific, technological and economic research; (b) training students in improved methods of planting, cultivation, manuring and spraying; (c) the supply of technical advice to rubber growers; (d) improving the marketing of rubber; 2[(da) improving the quality of rubber and implementing the standards for quality marking, labeling and packing for the rubber produced or processed in, imported into or exported from, India;] (e) the collection of statistics from owners of estates, dealers, 3[and manufacturers]; 4[(f) securing better working conditions and the provisions and improvement of amenities and incentives for workers; (g) carrying out any other duties which may be vested in the Board under rules made under this Act.] (3) It shall also be the duty of the Board-- (a) to advise the Central Government on all matters relating to the development of the rubber industry, including the import and export of rubber; (b) to advice the Central Government with regard to participation in any international Conference or scheme relating to rubber; (c) to submit to the Central Government and such other authorities as may be prescribed 5[half-yearly reports] on its activities and the working of this Act; (d) to prepare and furnish such other reports relating to the rubber industry as may be required by the Central Government from time to time.
1. The words "so far as regards the production and marketing of rubber" omitted by s. 9, ibid. (w.e.f. 1-8-1955).
2. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 4. 3. The words in brackets shall stand substituted (date to be notified) by s. 4, ibid., to read as "manufactures and processors" 4. Ins. by Act 54 of 1954, s. 9 (w.e.f. 1-8-1955). 5. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 4 to read as "annual report". No person shall sell or otherwise dispose of and no
person shall buy or otherwise acquire, rubber except under and in accordance with the terms of a general
or special licence issued by the Board:
1* * * * *
1. Proviso omitted by Act 50 of 1949, s. 2 (w.e.f. 8-12-1949).
1[6A. Executive Officers of the Board.--2[(1) The Central Government may appoint an Executive
Director to exercise such powers and perform such duties under the direction of the Board as may be
prescribed or as may be delegated to him by the Chairman.]
3[(1A)] The Central Government shall appoint a Rubber Production Commissioner to exercise such powers and perform such duties under the direction of the Board as may be prescribed. (2) The Central Government shall appoint a Secretary to the Board to exercise such powers and perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairman. (3) 4[The Rubber Production Commissioner] and the Secretary to the Board shall be entitled to such salaries and allowances and be governed by such conditions of service regarding leave, pension, provident fund and other matters as may be fixed by the Central Government.] (4) 5[The Chairman,] the Rubber Production Commissioner and the Secretary shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government.]
1. Subs. by Act 54 of 1954, s. 7, for section 6 (w.e.f 1-8-1955).
2. The words in brackets shall stand inserted (date to be notified) by s. 5, ibid. 3. Sub-section (1) shall renumbered as sub-section (1A) thereof (date to be notified) by s. 5, ibid. 4. The words in brackets shall stand substituted (date to be notified) by s. 5, ibid. to read as "the Executive Directors, the Rubber Production Commissioner" 5. The word in brackets shall stand substituted (date to be notified) by 54 of 1982, s. 5, to read as "Chairman, if whole-time, the Executive Director" 1[17. Licences for planting or replanting.--(1) No person shall plant or replant rubber except under
and in accodance with the conditions of a special licence issued by the Board.
(2) A licence issued under this section shall specify the area in which rubber may be planted or replanted and the period for which the licence shall be valid. (3) No licence issued under this section shall be transferable except with the land to which it relates.]
1. Section 17 shall stand substituted (date to be notified) by Act 4 of 2010, s. 9 read as under:
"17. Implementation of standards for quality, marking, etc., for rubber.--(1) The Board shall implement the standards for quality, marking, labelling and packing for various marketable forms of rubber, for the rubber produced or processed in, imported into or exported from, India. (2) Any officer of the Board authorised by the Chairman may at any reasonable time inspect the rubber sold or purchased by any dealer or processor at any factory or other premises of a dealer, processor or manufacturer or exporter for the purpose of ensuring the compliance of the standards under sub-section (1)." (1) This Act may be called the Rubber1*** Act, 1947.
(2) It extends to the whole of India 2[except the State of Jammu and Kashmir*.]
1. The brackets and words "(Production and Marketing)" omitted by s. 3, ibid. (w.e.f. 1-8-1955).
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "except Part B States" (w.e.f. 1-4-1951). *. Vide Notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". Any person aggrieved by an order of the Board refusing to issue or renew, or revoking,
a special licence under the provisions of section 14, section 15 or section 17 may, within sixty days of the
making of the order and on payment of the prescribed fee, appeal to the Central Government, and the
decision of the Central Government thereon, and subject only to such decision the order of the Board shall
be final and shall not be called in question in any Court.
(1) As soon as may be after the commencement of this Act, the
Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a
Board to be called the 1*** Rubber Board.
(2) The Board shall be a body corporate by the name of 1*** Rubber Board having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and to contract, and shall by the said name sue and be sued. 2[(3) The Board shall consist of-- (a) a Chairman to be appointed by the Central Government; 3[(b) two members to represent the State of 4[Tamil Nadu], one of whom shall be a person representing rubber producing interests; (c) eight members to represent the State of Kerala, six of whom shall be persons representing the rubber producing interests, three of such six being persons representing the small growers;] (d) ten members to be nominated by the Central Government, of whom two shall represent the manufacturers and four labours; 5[(da) three members to be nominated by the Central Government of whom two shall be from the Department of Commerce and one from the Department of Agriculture and Co-operation;] (e) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; 6[and] 7[(ee) the Executive Director, ex officio; and] (f) the Rubber Production Commissioner, ex officio. (4) The persons to represent the States of 8[Tamil Nadu] and 9[Kerala] shall be elected or nominated as may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend the meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote. (6) The Board shall elect from among its members a Vice-Chairman who shall exercise such of the powers, and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. (7) The members of the Board shall receive from the Board such allowances as may be prescribed. (8) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.]
1. The word "Indian" omitted by Act 54 of 1954, s. 6 (w.e.f. 1-8-1955).
2. Subs. by s. 6, ibid., for sub-sections (3), (4) and (5) (w.e.f. 1-8-1955). 3. Subs. by Adaption of Laws (No. 3) Order, 1956, clauses (b) and (c). 4. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subject) Order, 1970, for "Madras" (w.e.f. 14-1-1969). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 3. 6. The word "and" shall stand omitted (date to be notified) by Act 54 of 1982, s. 3. 7. The words in brackets shall stand inserted (date to be notified) by s. 3, ibid. 8. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) 1970, for "Madras" (w.e.f. 14-1-1969). 9. Subs. by Adaptation of Laws (No. 3) Order, 1956, for "Travancore-Cochin". 1[12. Imposition of new rubber cess.--(1) With effect from such date as the Central Government
may, by notification in the Official Gazette, appoint, there shall be levied as a cess for the purposes of this
Act, a duty of excise on all rubber produced in India at such rate, not exceeding 2[two rupees] per
kilogram of rubber so produced, as the Central Government may fix.
(2) The duty of excise levied under sub-section (1) shall be collected by the Board in accordance with rules made in this behalf either from the owner of the estate on which the rubber is produced or from the manufacturer by whom 3[such rubber is used.] 4[Provided that the Central Government may, if considered necessary in the public interest, by order for reasons to be recorded in writing, exempt or reduce the duty of excise on rubber exported on such terms and conditions as it deems fit: Provided further that the Central Government may, by notification in the Official Gazette, specify zero paisa per kilogram as the rate of duty of excise on natural rubber produced in India and procured for export by the exporters of natural rubber for the period from the 1st April, 1961 to the 31st August, 2003.] 5[(3) The owner or, as the case may be, the manufacturer shall pay to the Board the amount of the duty within one month from the date on which he receives a notice of demand therefor from the Board and, if he fails to do so, the duty may be recovered from the owner or the manufacturer, as the case may be, as an arrear of land revenue.] (4) For the purpose of enabling the Board to assess the amount of the duty of excise levied under this section-- (a) the Board shall, by notification in the Official Gazette, fix a period in respect of which assessments shall be made; and (b) without prejudice to the provisions of section 20, every owner and every manufacturer shall furnish to the Board a return not later than 6[fifteen days] after the expiry of the period to which the return relates, stating,-- (i) in the case of an owner, the total quantity of rubber produced on the estate in each such period: Provided that in respect of an estate situated only partly in India, the owner shall in the said return show separately the quantity of rubber produced within and outside India; (ii) in the case of a manufacturer, the total quantity of 7[rubber used] by him in such period out of the rubber produced in India. (5) if any 8[owner or manufacturer] fails to furnish, within the time prescribed, the return referred to in sub-section (4) or furnishes a return which the Board has reason to believe is incorrect or defective, the Board may assess the amount of the duty of excise in such manner as may be prescribed 9[and collect the cess from the owner, exporter or the manufacturer, as the case may be, after issuing a notice and after making such enquiry as it considers necessary, with such rate of interest as fixed under sub-section (3): Provided that where for any reason, the Board finds that an owner, exporter or manufacturer, as the case may be, has paid cess in excess of what is due from him, it shall be adjusted against the future payment, if any, from him or shall be refunded to him.] (6) Any person aggrieved by an assessment made under this section may, within three months of the service of the notice under sub-section (3), apply to the District Judge for the cancellation or modification of the assessment, and the District Judge shall, after giving the Board an opportunity of being heard, pass such order (which shall be final) as he thinks proper. (7) The proceeds of the duty of excise collected under this section reduced by the cost of collection as determined by the Central Government shall first be credited to the Consolidated Fund of India, and then be paid by the Central Government to the Board for being utilised for the purposes of this Act, if Parliament by appropriation made by law in this behalf so provides.]
1. Subs. by Act 21 of 1960, s. 2, for section 12 (w.e.f. 1-11-1960).
2. Subs. by Act 33 of 1994, s. 2, for "fifty naye paise" (w.e.f. 19-5-1994). 3. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 7 to read as under "such rubber is used or from the exporter by whom such rubber is exported" 4. The provisions shall stand substituted (date to be notified) by s. 7, ibid. 5. Sub-section (3) shall stand inserted (date to be notified) by s. 7, ibid. to read as under: "(3) Subject to the provisions of this Act, every owner, exporter or the manufacturer, as the case may be, shall pay the duty of excise to the Board in the manner and for the period referred to in sub-section (4) and, if he fails to do so, the duty may be recovered with the cost of collection and interest at such rates, as may be prescribed, from the owner, exporter or the manufacturer, as the case may be, as an arrear of the land revenue.". 6. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 7 to read as "thirty days" 7. The words in brackets shall stand substituted (date to be notified) by s. 7, ibid., to read as "rubber acquired" 8. The words in brackets shall stand substituted (date to be notified) by s. 7, ibid., to read as "owner, exporter or manufacturer" 9. The words, brackets and figure in brackets shall stand inserted (date to be notified) by s. 7, ibid. 1[8A. Power of the Board to import rubber for sale, or to purchase rubber, in the internal
market.--It shall be lawful for the Board with the previous approval of the Central Government to import rubber for sale, or to purchase rubber, in the internal market at such prices as the Central
Government may fix.]
1. Ins. by Act 54 of 1954, s. 10 (w.e.f. 1-8-1955).
1[10. Registration.--(1) Every person owning land planted with rubber plants, whether such land is
comprised in one estate or in more than one estate and whether it is situated wholly or only partly in
2[India], shall, before the expiry of one month from the date of commencement of this Act, apply to the
Board to be registered as an owner in respect of each estate owned by him.]
1. Section 10 shall stand omitted (date to be notified) by Act 4 of 2010, s. 6.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States" (w.e.f. 1-4-1951) | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) Every motor
vehicle shall be so constructed and so maintained as to be at all times under the effective control of the
person driving the vehicle.
(2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1 [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]
1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the form and manner in which an application for obtaining a certificate of registration for commencing or carrying on the business of warehousing issuing negotiable warehouse receipts may be made and the fees which shall accompany such application under sub-section (2) of section 4; (b) the form in which a certificate for registration of warehouses may be issued under sub-section (3) of section 4; (c) the financial, managerial and other eligibility criteria and competence which an applicant for registration of warehouses shall satisfy under sub-section (4) of section 4; (d) the qualification and other requirements which a person applying for functioning as an accreditation agency shall fulfill under sub-section (2) of section 5; (e) the form and manner in which an application for registration as an accreditation agency may be made and the fees which shall accompany such application under sub-section (3) of section 5; (f) the form of certificate of registration of accreditation agency under sub-section (4) of section 5; (g) the salary and allowances payable to, and the other terms and conditions of service of the Chairperson and other members under section 28; (h) such other powers that may be exercised by the Authority under clause (p) of sub-section (2) of section 35; (i) the form and manner of maintenance of annual statement of accounts to be maintained by the Authority under sub-section (1) of section 38; (j) the form and manner in which and the time within which returns and statements and particulars are to be furnished by the Authority to the Central Government under sub-section (1) of section 39; (k) the form and the manner in which an appeal may be made to the Appellate Authority and the fee which shall accompany such appeal under sub-section (2) of section 42; (l) the procedure to be followed by the Appellate Authority in disposing of an appeal under sub-section (3) of section 42; (m) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules. | ||||||||||||||||
Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). (1) This Act may be called the Patents Act, 1970.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. 1-4-1978, vide notification No. S.O. 799, dated 10-3-1978, in respect of the provisions of sub-section (2) of s. 12 and
sub-section (2) of s. 13, s. 28, s. 68, and ss. 125 to 132 see Gazette of India, Part II, sec. 3 (ii). 20-4-1972 vide notification No. S.O. 300 dated 20-4-1972, in respect of the provisions [except sub-section (2) of s. 12 and sub-section (2) of s. 13, s. 28, s. 68 and ss. 125 to 132] see Gazette of India, Part II, sec. 3 (ii). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- (a) terms and conditions of service of the Chairperson and Members of the Commission and their salaries and allowances under section 6; (b) the procedure to be followed by the Commission in the transaction of its business at a meeting under sub-section (4) of section 10; (c) the powers and duties which may be exercised and performed by the Member- Secretary of the Commission under sub-section (2) of section 11; (d) the salary and allowances and other terms and conditions of service of officers and other employees of the Commission under sub-section (3) of section 11; and (e) form of the statement of accounts and other records to be prepared by the Commission under sub-section (1) of section 29. (3) Every rule 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 afore said, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Inter-State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that if the Central Government considers it necessary or expedient so to do in the public interest, it may postpone or relax, to such extent as may be specified in such notification, the operation of all or any of the provisions of this Act in any State or States for such period not extending beyond one year from the date on which this Act comes into force. (4) It applies-- (a) to every establishment in which five or more inter-State migrant workmen (whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months; (b) to every contractor who employs or who employed five or more inter-State migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months.
1. 2nd October, 1980, vide notification No. G.S.R. 513(E), dated 11th August, 1980, see Gazette of India, Extraordinary, Part II,
sec. 3(i).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)1[6A. Executive Officers of the Board.--2[(1) The Central Government may appoint an Executive
Director to exercise such powers and perform such duties under the direction of the Board as may be
prescribed or as may be delegated to him by the Chairman.]
3[(1A)] The Central Government shall appoint a Rubber Production Commissioner to exercise such powers and perform such duties under the direction of the Board as may be prescribed. (2) The Central Government shall appoint a Secretary to the Board to exercise such powers and perform such duties under the direction of the Board as may be prescribed or as may be delegated to him by the Chairman. (3) 4[The Rubber Production Commissioner] and the Secretary to the Board shall be entitled to such salaries and allowances and be governed by such conditions of service regarding leave, pension, provident fund and other matters as may be fixed by the Central Government.] (4) 5[The Chairman,] the Rubber Production Commissioner and the Secretary shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government.]
1. Subs. by Act 54 of 1954, s. 7, for section 6 (w.e.f 1-8-1955).
2. The words in brackets shall stand inserted (date to be notified) by s. 5, ibid. 3. Sub-section (1) shall renumbered as sub-section (1A) thereof (date to be notified) by s. 5, ibid. 4. The words in brackets shall stand substituted (date to be notified) by s. 5, ibid. to read as "the Executive Directors, the Rubber Production Commissioner" 5. The word in brackets shall stand substituted (date to be notified) by 54 of 1982, s. 5, to read as "Chairman, if whole-time, the Executive Director" (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". | ||||||||||||||||
Related Section(s)(1) It shall be the duty of every company creating a charge
within or outside India, on its property or assets or any of its undertakings, whether tangible or otherwise,
and situated in or outside India, to register the particulars of the charge signed by the company and the
charge-holder together with the instruments, if any, creating such charge in such form, on payment of
such fees and in such manner as may be prescribed, with the Registrar within thirty days of its creation:
1[Provided that the Registrar may, on an application by the company, allow such registration to be made-- (a) in case of charges created before the commencement of the Companies (Amendment) Act, 2019, within a period of three hundred days of such creation; or (b) in case of charges created on or after the commencement of the Companies (Amendment) Act, 2019, within a period of sixty days of such creation, on payment of such additional fees as may be prescribed: Provided further that if the registration is not made within the period specified-- (a) in clause (a) to the first proviso, the registration of the charges shall be made within six months from the date of commencement of the Companies (Amendment) Act, 2019, on payment of such additional fees as may be prescribed and different fees may be prescribed for different classes of companies; (b) in clause (b) to the first proviso, the Registrar may, on an application, allow such registration to be made within a further period of sixty days after payment of such ad valorem fees as may be prescribed.] Provided also that any subsequent registration of a charge shall not prejudice any right acquired in respect of any property before the charge is actually registered: 2[Provided also that this section shall not apply to such charges as may be prescribed in consultation with the Reserve Bank of India.] (2) Where a charge is registered with the Registrar under sub-section (1), he shall issue a certificate of registration of such charge in such form and in such manner as may be prescribed to the company and, as the case may be, to the person in whose favour the charge is created. (3) Notwithstanding anything contained in any other law for the time being in force, no charge created by a company shall be taken into account by the liquidator 3[appointed under this Act or the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as the case may be,] or any other creditor unless it is duly registered under sub-section (1) and a certificate of registration of such charge is given by the Registrar under sub-section (2). (4) Nothing in sub-section (3) shall prejudice any contract or obligation for the repayment of the money secured by a charge.
1. Subs. by Act 22 of 2019, s. 11, for first and second provisos (w.e.f. 2-11-2018).
2. The proviso ins. by Act 1 of 2018, s. 18 (w.e.f. 7-5-2018).
3. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016).
The provisions of section 77 relating to registration of
charges shall, so far as may be, apply to--
(a) a company acquiring any property subject to a charge within the meaning of that section; or (b) any modification in the terms or conditions or the extent or operation of any charge registered under that section Where a company fails to 1[register the charge within
the period specified in section 77], without prejudice to its liability in respect of any offence under this
Chapter, the person in whose favour the charge is created may apply to the Registrar for registration of
the charge along with the instrument created for the charge, within such time and in such form and
manner as may be prescribed and the Registrar may, on such application, within a period of fourteen days
after giving notice to the company, unless the company itself registers the charge or shows sufficient
cause why such charge should not be registered, allow such registration on payment of such fees, as may
be prescribed:
Provided that where registration is effected on application of the person in whose favour the charge is created, that person shall be entitled to recover from the company the amount of any fees or additional fees paid by him to the Registrar for the purpose of registration of charge
1. Subs. by Act 1 of 2018, s. 19, for "register the charge within the period specified in section 77" (w.e.f. 7-5-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The National Authority may
constitute an advisory committee consisting of experts in the field of disaster management and having
practical experience of disaster management at the national, State or district level to make
recommendations on different aspects of disaster management.
(2) The members of the advisory committee shall be paid such allowances as may be prescribed by the Central Government in consultation with the National Authority. (1) With effect from such date as
the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be
established for the purposes of this Act, an authority to be known as the National Disaster Management
Authority.
(2) The National Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the Central Government and, unless the rules otherwise provide, the National Authority shall consist of the following: (a) the Prime Minister of India, who shall be the Chairperson of the National Authority, ex officio; (b) other members, not exceeding nine, to be nominated by the Chairperson of the National Authority. (3) The Chairperson of the National Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the National Authority. 1[(3A) The day-to-day functions of the National Authority shall be performed by the ViceChairperson and in the absence of the Vice-Chairperson, by a member designated by the Chairperson or, as the case may be, the Vice-Chairperson, of the National Authority.] (4) The term of office and conditions of service of members of the National Authority shall be such as may be prescribed.
1. Ins. by Act 10 of 2025, s. 3 (w.e.f. 9-4-2025).
(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the composition and number of the members of the National Authority under sub-section (2), and the term of office and conditions of service of members of the National Authority under sub-section (4), of section 3; 1[(aa) the salaries, allowances and other terms and conditions of service of officers, other employees, experts and consultants of the National Authority under sub-section (3) of section 5;] (b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 7; (c) the powers and functions of the Chairperson of the National Executive Committee under sub-section (3) of section 8 and the procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 8; 1[(ca) the procedure to be followed by the National Crisis Management Committee in exercise of its powers and discharging of its functions under sub-section (4) of section 8A;] (d) allowances to be paid to the persons associated with the sub-committee constituted by the National Executive Committee under sub-section (3) of section 9; (e) the number of members of the National Institute of Disaster Management under sub-section (2), the term of the office and vacancies among members and the manner of filling such vacancies under sub-section (3) and the manner of constituting the Governing Body of the National Institute of Disaster Management under sub-section (4) of section 42; 1[(ea) the salaries, allowances and the other terms and conditions of service of officers and other employees of the National Institute under sub-section (3) of section 43;] (f) the manner of constitution of the Force, the conditions of service of the members of the Force, including disciplinary provisions under sub-section (2) of section 44; (g) the manner in which notice of the offence and of the intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government or the other authority or officer under clause (b) of section 60; (h) the form in which and the time within which annual report is to be prepared under section 70; (i) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
1. Ins. by Act 10 of 2025, s. 47 (w.e.f. 9-4-2025).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1 [(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981).
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Related Section(s)(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. (1) Subject to the provisions of this Act, the Central Government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). | ||||||||||||||||
Related Section(s)56. Restriction on power to grant lease of 1[waqf] property.--(1) 2[A lease for any period
exceeding thirty years] of any immovable property which is 1[waqf] property, shall,
notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time
being in force, be void and of no effect:
3[Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government: Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect: Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading national and regional news papers.] (2) 4[A lease for a period of one year but not exceeding thirty years] of immovable property which is 1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the Board. (3) The Board shall, in granting sanction for lease 5*** or renewal thereof under this section review the terms and conditions on which the lease 5*** is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct: 3[Provided that the Board shall immediately intimate the State Government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty-five days from the date on which the Board intimates the State Government.] 3[(4) Every rule made by the Central Government under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by, s. 35, ibid., for "A lease or sub-lease for any period exceeding three years" (w.e.f. 1-11-2013). 3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013). 4. Subs. by s. 35, ibid., for "A lease or sub-lease for any period exceeding one year and not exceeding three years" (w.e.f. 1-11-2013). 5. The words "or sub-lease" omitted by s. 35, ibid. (w.e.f. 1-11-2013). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1 [(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981).
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Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. | ||||||||||||||||
Related Section(s)(1) It shall be the duty of a distribution licensee
to develop and maintain an efficient, co-ordinated and economical distribution system in his area of
supply and to supply electricity in accordance with the provisions contained in this Act.
(2) The State Commission shall introduce open access in such phases and subject to such conditions, (including the cross subsidies, and other operational constraints) as may be specified within one year of the appointed date by it and in specifying the extent of open access in successive phases and in determining the charges for wheeling, it shall have due regard to all relevant factors including such cross subsidies, and other operational constraints: Provided that 1 [such open access shall be allowed on payment of a surcharge in addition to the charges] for wheeling as may be determined by the State Commission: Provided further that such surcharge shall be utilised to meet the requirements of current level of cross subsidy within the area of supply of the distribution licensee: Provided also that such surcharge and cross subsidies shall be progressively reduced 2 *** in the manner as may be specified by the State Commission: Provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use: 3 [Provided also that the State Commission shall, not later than five years from the date of commencement of the Electricity (Amendment) Act, 2003, by regulations, provide such open access to all consumers who require a supply of electricity where the maximum power to be made available at any time exceeds one megawatt.] (3) Where any person, whose premises are situated within the area of supply of a distribution licensee, (not being a local authority engaged in the business of distribution of electricity before the appointed date) requires a supply of electricity from a generating company or any licensee other than such distribution licensee, such person may, by notice, require the distribution licensee for wheeling such electricity in accordance with regulations made by the State Commission and the duties of the distribution licensee with respect to such supply shall be of a common carrier providing non-discriminatory open access. (4) Where the State Commission permits a consumer or class of consumers to receive supply of electricity from a person other than the distribution licensee of his area of supply, such consumer shall be liable to pay an additional surcharge on the charges of wheeling, as may be specified by the State Commission, to meet the fixed cost of such distribution licensee arising out of his obligation to supply. (5) Every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the State Commission. (6) Any consumer, who is aggrieved by non-redressal of his grievances under sub-section (5), may make a representation for the redressal of his grievance to an authority to be known as Ombudsman to be appointed or designated by the State Commission. (7) The Ombudsman shall settle the grievance of the consumer within such time and in such manner as may be specified by the State Commission. (8) The provisions of sub-sections (5), (6) and (7) shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by those sub-sections.
1. Subs. by s.7, ibid., for "such open access may be allowed before the cross subsidies are eliminated on payment of a surcharge"
(w.e.f. 15-6-2007).
2. The words "and eliminated" omitted by s. 7, ibid. (w.e.f. 15-6-2007). 3. Ins. by Act 57 of 2003, s. 3 (w.e.f. 27-1-2004). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) of section 3; (b) the additional requirements 1 [relating to the capital adequacy, creditworthiness or code of conduct] under sixth proviso to section 14; (c) the payment of fees for application for grant of licence under sub-section (1) of section 15; (d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of section 26; (e) the works of licensees affecting the property of owner or occupier under sub-section (2) of section 67; (f) such other cases which may be prescribed under clause (c) of sub-section (2) of section 68; (g) allowances and fees payable to others Members for attending the meetings of Authority under sub-section (14) of section 70. (h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of section 70; (i) the functions and duties of the Central Electricity Authority under section 73; (j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of section 89; (k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89; (l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of section 90; (m) any other matter required to be prescribed under clause (g) of sub-section (1) of section 94; (n) the form in which the Central Commission shall prepare its annual statement of accounts under sub-section (1) of section 100; (o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of section 101; (p) the form in which and time at which the Central Commission shall prepare its budget under section 106; (q) the form and the manner of verifying such form, and fee for filing appeal under sub-section (2) of section 111; (r) the salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal under section 115; (s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 119; (t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 120; (u) the authority to whom the appeal shall be filed under sub-section (1) of section 127; (v) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143; (w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of section 161; (x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of section 162; (y) the manner of delivery of every notice, order or document to be served under sub-section (1) of section 171; (z) any other matter which is required to be, or may be, prescribed.
1. Subs. by Act 26 of 2007, s. 19, for "(including the capital adequacy, creditworthiness or code of conduct)" (w.e.f. 15-6-2007).
(1) The Central Government shall, from time to time,
prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and
the Authority for development of the power system based on optimal utilisation of resources such as coal,
natural gas, nuclear substances or materials, hydro and renewable sources of energy.
(2) The Central Government shall publish National Electricity Policy and tariff policy from time to time. (3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1). (4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years: Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: Provided further that the Authority shall- (a) notify the plan after obtaining the approval of the Central Government; (b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a). (5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)Upon the issue
of a notification by the Central Government that a foreign country is--
(a) a country which is committing external aggression against India; or (b) a country assisting the country committing external aggression against India; or (c) a country where armed hostilities are in progress; or (d) a country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the Government of India, a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this
Act and may also by the same or subsequent notification appoint such number of Deputy Controllers
1
[, Assistant Controllers, other officers and employees] as it deems fit.
(2) The Controller shall discharge his functions under this Act subject to the general control and directions of the Central Government. (3) The Deputy Controllers and Assistant Controllers shall perform the functions assigned to them by the Controller under the general superintendence and control of the Controller. (4) The qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 2 [,Assistant Controllers, other officers and employees] shall be such as may be prescribed by the Central Government. (5) The Head Office and Branch Office of the office of the Controller shall be at such places as the Central Government may specify, and these may be established at such places as the Central Government may think fit. (6) There shall be a seal of the Office of the Controller.
1Subs. by s.12, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009).
2 Subs. by Act 10 of 2009, s. 12, for "Assistant Controllers" (w.e.f. 27-10-2009). (1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). | ||||||||||||||||
Related Section(s)(1) Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during 1[the immediately preceding financial year] shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director:
2[Provided that where a company is not required to appoint an independent director under sub-section (4) of section 149, it shall have in its Corporate Social Responsibility Committee two or more directors.] (2) The Board's report under sub-section (3) of section 134 shall disclose the composition of the Corporate Social Responsibility Committee. (3) The Corporate Social Responsibility Committee shall,-- (a) formulate and recommend to the Board, a Corporate Social Responsibility Policy which shall indicate the activities to be undertaken by the company 3[in areas or subject, specified in Schedule VII]; (b) recommend the amount of expenditure to be incurred on the activities referred to in clause (a); and (c) monitor the Corporate Social Responsibility Policy of the company from time to time. (4) The Board of every company referred to in sub-section (1) shall,-- (a) after taking into account the recommendations made by the Corporate Social Responsibility Committee, approve the Corporate Social Responsibility Policy for the company and disclose contents of such Policy in its report and also place it on the company's website, if any, in such manner as may be prescribed; and (b) ensure that the activities as are included in Corporate Social Responsibility Policy of the company are undertaken by the company. (5) The Board of every company referred to in sub-section (1), shall ensure that the company spends, in every financial year, at least two per cent. of the average net profits of the company made during the three immediately preceding financial years, 4[or where the company has not completed the period of three financial years since its incorporation, during such immediately preceding financial years] in pursuance of its Corporate Social Responsibility Policy: Provided that the company shall give preference to the local area and areas around it where it operates, for spending the amount earmarked for Corporate Social Responsibility activities: Provided further that if the company fails to spend such amount, the Board shall, in its report made under clause (o) of sub-section (3) of section 134, specify the reasons for not spending the amount 5[and, unless the unspent amount relates to any ongoing project referred to in sub-section (6), transfer such unspent amount to a Fund specified in Schedule VII, within a period of six months of the expiry of the financial years]. 6[Provided also that if the company spends an amount in excess of the requirements provided under this sub-section, such company may set off such excess amount against the requirement to spend under this sub-section for such number of succeeding financial years and in such manner, as may be prescribed.] 7[Explanation.--For the purposes of this section "net profit" shall not include such sums as may be prescribed, and shall be calculated in accordance with the provisions of section 198.] 8[(6) Any amount remaining unspent under sub-section (5), pursuant to any ongoing project, fulfilling such conditions as may be prescribed, undertaken by a company in pursuance of its Corporate Social Responsibility Policy, shall be transferred by the company within a period of thirty days from the end of the financial year to a special account to be opened by the company in that behalf for that financial year in any scheduled bank to be called the Unspent Corporate Social Responsibility Account, and such amount shall be spent by the company in pursuance of its obligation towards the Corporate Social Responsibility Policy within a period of three financial years from the date of such transfer, failing which, the company shall transfer the same to a Fund specified in Schedule VII, within a period of thirty days from the date of completion of the third financial year. 9[(7) If a company is in default in complying with the provisions of sub-section (5) or sub-section (6), the company shall be liable to a penalty of twice the amount required to be transferred by the company to the Fund specified in Schedule VII or the Unspent Corporate Social Responsibility Account, as the case may be, or one crore rupees, whichever is less, and every officer of the company who is in default shall be liable to a penalty of one-tenth of the amount required to be transferred by the company to such Fund specified in Schedule VII, or the Unspent Corporate Social Responsibility Account, as the case may be, or two lakh rupees, whichever is less.] (8) The Central Government may give such general or special directions to a company or class of companies as it considers necessary to ensure compliance of provisions of this section and such company or class of companies shall comply with such directions.] 10[(9) Where the amount to be spent by a company under sub-section (5) does not exceed fifty lakh rupees, the requirement under sub-section (1) for constitution of the Corporate Social Responsibility Committee shall not be applicable and the functions of such Committee provided under this section shall, in such cases, be discharged by the Board of Directors of such company.]
1. Subs. by Act 1 of 2018, s. 37, for "any financial year" (w.e.f. 19-9-2018).
2. The proviso ins. by s. 37, ibid., (w.e.f. 19-9-2018). 3. Subs. by s. 37, ibid., for "as specified in Schedule VII" (w.e.f. 19-9-2018). 4. Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 5. Ins. by s. 21, ibid. (w.e.f. 22-1-2021). 6. The Proviso ins. by Act 29 of 2020, s. 27 (w.e.f. 22-1-2021). 7. Subs. by Act 1 of 2018, s. 37, for the Explanation (w.e.f. 19-9-2018). 8 Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 9. Subs. by Act 29 of 2020, s. 27, for sub-section (7) (w.e.f. 22-1-2021). 10. Ins. by s. 27, ibid. (w.e.f. 22-1-2021). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, for any part
of 1[India],2*** make rules consistent with this Act to regulate or prohibit, except under and in
accordance with the conditions of a licence granted as provided by those rules, the manuf acture,
possession, use, sale. 3[transport, import and export] of explosives, or any specified class of
explosives.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the authority by which licenses may be granted; (b) the fees to be charged for licenses, and the other sums (if any) to be paid for expenses by applicants for licenses: (c) the manner in which applications for licenses must be made, and the matters to be specified in such applications: (d) the form in which, and the conditions on and subject to which, licenses must be granted; ( e) the period for which licenses are to remain in force; 4*** 5[(ee) the authority to which appeals may be preferred under section 6F, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded: (eea)the total quantity of explosives that a licensee can purchase in a given period of time; (eeb) the fees to be charged by the Chief Controller of Explosives or any officer authorised by him in this behalf, for services rendered in connection with the manufacture, transport, import or export of explosives;] (f) the exemption absolutely or subject to conditions of any explosives 6[or any person or class of persons] from the operation of the rules. 7* * * * *
1. Subs. by Act 3 of 1951, s. 3 and Schedule, for "Part A States and Part C States" (w.e.f. 1-4-1951).
2. The words and "each Local Government, with the previous sanction of the Governor, General in Council, may for any part of the territories wider its administration" omitted by the A.O. 1937. 3. Subs. by Act 32 of 1978, s. 5, for "transport and importation" (w.e.f. 2-3-1983). 4. The word "and" omitted by s. 5, ibid. (w.e.f. 2-3-1983). 5.Ins. by s. 5, ibid. (w.e.f. 2-3-1983). 6. Ins. by Act 32 of 1978, s. 5 (w.e.f. 2-3-1983). 7. Sub-section (3) omitted by s. 5, ibid. (w.e.f. 2-3-1983). | ||||||||||||||||
Related Section(s)The Tribunal shall present annually a report to the Central
Government of all its proceedings under this Chapter.
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) Where the State Government is satisfied that for a
public purpose any land is required for the development of an existing or new highway, any
other road, or part thereof, it may, by notification in the Official Gazette, declare its intention
to acquire such land.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be
published in two State level newspapers having wide circulation, at least one of which shall
be in Hindi language.
(4) Upon issue of a notification under sub-section (1), it shall be lawful for any person,
authorised by the State Government in this behalf, to-
(a) enter upon any land with his workmen and make any inspection, survey,
measurement, valuation or enquiry;
(b) take levels;
6
(c) dig or bore into sub-soil;
(d) set out boundaries and intended lines of work;
(e) mark such boundaries and lines placing marks and cutting trenches; or
(f) do such other acts or things as may be laid down by rules made in this behalf
by the State Government:
Provided that no person shall enter into any building or any enclosed court or garden
attached to a dwelling house or cut down and clear any part of standing crops, or fence
without the consent of the occupier thereof or without giving such occupier a notice of at
least twenty four hours, in writing, of his intention to do so:
Provided further that the State Government shall pay reasonable compensation to the
occupier for the damage caused by him to such building, land or other structures.
(5) The State Government may, upon issue of a notification under sub-section (1),
acquire any land specified therein by outright gift or purchase by agreement with the owners,
or failing such agreement, by recourse to the provisions of this Act.
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Related Section(s)1[3. Establishment of Highway Administrations.]--(1) The Central Government shall, by notification
in the Official Gazette,--
(a) establish, for the purposes of this Act, a body or authority consisting of one or more officers of the Central Government or the State Government to be known as Highway Administration to exercise powers and discharge functions conferred on it under this Act; and (b) define the limits of the Highway within which, or the length of Highway on which, a Highway Administration shall have jurisdiction: Provided that the Central Government may, in the notification issued under this sub-section or by any general or special order, impose any condition or limitation subject to which a Highway Administration shall exercise powers and discharge functions conferred on it under this Act. (2) The Central Government may establish one or more Highway Administrations for a State or Union territory or for a Highway under sub-section (1). (3) Subject to the provisions of this Act, the Highway Administration shall exercise powers and discharge functions conferred on it under this Act in such manner as may be prescribed.
1. Subs. by s. 167, ibid., for the Heading (w.e.f. 26-5-2017).
Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 24
(w.e.f. 4-4-2021).
[Composition of Tribunal.] --Omitted by the Finance Act, 2017 (7 of 2017), s. 167
(w.e.f. 26-5-2017).
[Composition of Tribunal.] --Omitted by the Finance Act, 2017 (7 of 2017), s. 167
(w.e.f. 26-5-2017).
(1) The Central Government may, after previous publication, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner of exercising powers and discharge functions under sub-section (3) of section 3; 1 * * * * 2 * * * * (g) the manner for maintaining the records of the Highway Administration in which the lands are shown and the manner of proving claim for correction of such records under sub-section (2) of section 23; (h) the conditions subject to which, the rent and other charges on payment of which and the form in which permit may be issued for grant of permission under sub-section (2) of section 24; (i) the conditions, payment of rent and other charges for grant of lease or licence of highway land under section 25; (j) the form of notice under sub-section (2) of section 26; (k) the feasible cost for making construction including alteration of any construction under sub-section (8) of section 26; (l) the additional matter in respect of which the Highway Administration or an officer authorised by such Administration in this behalf may exercise the powers of a civil court under clause (d) of sub-section (9) of section 26; (m) the form of the bill under sub-section (2) of section 27; (n) the form of application, the fees to be accompanied therewith and the terms and conditions for permission under sub-section (2) of section 29; (o) the form of licence, the period and the manner of renewal of such licence under sub-section (3) of section 29; (p) the limit of laden weight and the provisions subject to which the plying of vehicles may be prohibited or restricted under section 32; (q) the traffic signs to be placed or erected under section 35; (r) the safety and control for allowing any vehicle or animal to stand or proceed on a Highway under sub-section (1) of section 37; (s) the manner of handing over the vehicle or animal to the owner and payment of expenses incurred in the removal of such vehicle or animal under sub-section (2) of section 37; (t) the form of application under sub-section (2) of section 38; (u) the fees and other charges to be imposed under sub-section (3) of section 38; (v) the manner of summary inquiry under section 43; (w) the manner of service or presentation of notice or bill under section 47; and (x) any other matter which is required to be, or may be, prescribed. (3) Every rule made or every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made or 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 agree that the rule or notification should not be made or issued, the 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 without prejudice to the validity of anything previously done under that rule or notification.
1. Clauses (b), (c), (d) and (e), omitted by Act 7 of 2017, s.167 (w.e.f. 26-5-2017).
2.Clause (f) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021). (1) The Central Government may, after previous publication, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner of exercising powers and discharge functions under sub-section (3) of section 3; 1 * * * * 2 * * * * (g) the manner for maintaining the records of the Highway Administration in which the lands are shown and the manner of proving claim for correction of such records under sub-section (2) of section 23; (h) the conditions subject to which, the rent and other charges on payment of which and the form in which permit may be issued for grant of permission under sub-section (2) of section 24; (i) the conditions, payment of rent and other charges for grant of lease or licence of highway land under section 25; (j) the form of notice under sub-section (2) of section 26; (k) the feasible cost for making construction including alteration of any construction under sub-section (8) of section 26; (l) the additional matter in respect of which the Highway Administration or an officer authorised by such Administration in this behalf may exercise the powers of a civil court under clause (d) of sub-section (9) of section 26; (m) the form of the bill under sub-section (2) of section 27; (n) the form of application, the fees to be accompanied therewith and the terms and conditions for permission under sub-section (2) of section 29; (o) the form of licence, the period and the manner of renewal of such licence under sub-section (3) of section 29; (p) the limit of laden weight and the provisions subject to which the plying of vehicles may be prohibited or restricted under section 32; (q) the traffic signs to be placed or erected under section 35; (r) the safety and control for allowing any vehicle or animal to stand or proceed on a Highway under sub-section (1) of section 37; (s) the manner of handing over the vehicle or animal to the owner and payment of expenses incurred in the removal of such vehicle or animal under sub-section (2) of section 37; (t) the form of application under sub-section (2) of section 38; (u) the fees and other charges to be imposed under sub-section (3) of section 38; (v) the manner of summary inquiry under section 43; (w) the manner of service or presentation of notice or bill under section 47; and (x) any other matter which is required to be, or may be, prescribed. (3) Every rule made or every notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made or 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 agree that the rule or notification should not be made or issued, the 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 without prejudice to the validity of anything previously done under that rule or notification.
1. Clauses (b), (c), (d) and (e), omitted by Act 7 of 2017, s.167 (w.e.f. 26-5-2017).
2.Clause (f) omitted by Act 33 of 2021, s. 24 (w.e.f. 4-4-2021). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. | ||||||||||||||||
Related Section(s)Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. (1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may--
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 1[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All 2[certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such 2[certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 3[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of-- (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.]
1. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023).
2. Subs. by s. 13, ibid., for "extracts" (w.e.f. 1-10-2023). 3. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). (1) The
1[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this
behalf, cause to be registered information as to births and deaths of citizens of India outside India received by
him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship
Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
1. Subs. by s. 2, ibid., for "Registrar-General" (w.e.f. 1-10-2023)
The State Government may, by notification in the Official Gazette,
divide the territory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(1) In this Act, unless the context otherwise requires,--
1[(a) "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (aa) "adoption" shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] "birth" means live-birth or still-birth; 1[(b) "database" means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] "death" means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) "foetal death" means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) "live-birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) "prescribed" means prescribed by rules made under this Act; (f) "State Government", in relation to a Union territory, means the Administrator thereof; (g) "still-birth" means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023).
2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). (1) No suit, prosecution or other legal proceeding
shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising
any power or performing any duty under this Act for anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for-- (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). (1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act. If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal
entry and add thereto the date of the correction or cancellation.
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Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, after consultation with the 1
[National
Bank] and the Sponsor Bank, by notification in the Official Gazette, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner in which the additional number of members of the Board may be filled in, under sub-section (2) of section 9; (b) the time and place at which the Board of directors of a Regional Rural Bank shall meet and the rules of procedure which shall be observed by the Board in regard to the transaction of business at its meetings, under sub-section (1) of section 14; 2 [(ba) the manner in which the officers and other employees of the Regional Rural Banks shall be appointed;] (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Subs. by s. 16, ibid., for "Reserve Bank" (w.e.f. 28-9-1988).
2 Ins. by s. 16, ibid. (w.e.f. 28-9-1988).
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Related Section(s)(1) The Central Government
may, by notification in the Official Gazette, levy fees at such rates as may be laid down by rules made
in this behalf for services or benefits rendered in relation to the use of ferries, 1[permanent bridges the
cost of construction of each of which is more than rupees twenty-five lakhs and which are opened to traffic on or after the 1st day of April, 1976,] temporary bridges and tunnels on national
highways2[and the use of sections of national highways].
(2) Such fees when so levied shall be collected in accordance with the rules made under this Act. (3) Any fee leviable immediately before the commencement of this Act for services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on any highway specified in the Schedule shall continue to be leviable under this Act unless and until it is altered in exercise of the powers conferred by sub-section (1): 3[Provided that if the Central Government is of opinion that it is necessary in the public interest so to do, it may, by like notification, specify any bridge in relation to the use of which fees shall not be leviable under this sub-section.]
1. Ins. by Act 30 of 1977, s. 2 (w.e.f. 12-8-1977).
2. Ins. by Act 1 of 1993, s. 2 (w.r.e.f. 23-10-1992). 3. The proviso ins. by Act 30 of 1977, s. 2 (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)The share capital of a company limited by shares shall be of two kinds,
namely:--
(a) equity share capital-- (i) with voting rights; or (ii) with differential rights as to dividend, voting or otherwise in accordance with such rules as may be prescribed; and (b) preference share capital: Provided that nothing contained in this Act shall affect the rights of the preference shareholders who are entitled to participate in the proceeds of winding up before the commencement of this Act. Explanation.-- For the purposes of this section,-- (i) equity share capital, with reference to any company limited by shares, means all share capital which is not preference share capital; (ii) preference share capital, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to (a) payment of dividend, either as a fixed amount or an amount calculated at a fixed rate, which may either be free of or subject to income-tax; and (b) repayment, in the case of a winding up or repayment of capital, of the amount of the share capital paid-up or deemed to have been paid-up, whether or not, there is a preferential right to the payment of any fixed premium or premium on any fixed scale, specified in the memorandum or articles of the company; (iii) capital shall be deemed to be preference capital, notwithstanding that it is entitled to either or both of the following rights, namely:-- (a) that in respect of dividends, in addition to the preferential rights to the amounts specified in sub-clause (a) of clause (ii), it has a right to participate, whether fully or to a limited extent, with capital not entitled to the preferential right aforesaid; (b) that in respect of capital, in addition to the preferential right to the repayment, on a winding up, of the amounts specified in sub-clause (b) of clause (ii), it has a right to participate, whether fully or to a limited extent, with capital not entitled to that preferential right in any surplus which may remain after the entire capital has been repaid. (1) This Act may be called the Companies Act, 2013.
(2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and *different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) The provisions of this Act shall apply to-- (a) companies incorporated under this Act or under any previous company law; (b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949); (d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003); (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and (f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification. To be deleted
*, 1. 12th September, 2013 -- S. 2(1),(3), (4), (5), (6), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (28), (29) [except
sub-clause (iv)], (30), (32), (33), (34), (35), (36), (37), (38), (39), (40), (43), (44), (45), (46), (49), (50), (51), (52), (53), (54), (55), (56), (57), (58), (59), (60), (61),
(63), (64), (65), (66), (67) [except sub-clause (ix)], (84), (86),(87) [except the proviso and Explanation (d)], (88), (89), (90), (91), (92), (93), (94), (95); s. 19, 21, 22,
23 [except clause (b) of sub-section (1) and sub-section (2)], 24, 25 [except sub-section (3)], 29, 30, 31, 32, 33 [except sub-section (3)], 34, 35 [except clause (e) of
sub-section (1)], 36, 37, 38 39 [except sub-section (4)], 40 [except sub-section (6)], 44, 45, 49, 50, 51, 57, 58, 59, 60, 65, 69, 70 [except sub-section (2)], 86, 91, 100
[except sub-section (6)], 102, 103, 104, 105 [except the third and fourth provisos of sub-section (1) and sub-section (7)], 106, 107, 111, 112, 113 [except clause (b) of
sub-section (1)], 114, 116, 127, 133, 161 [except sub-section (2)], 162, 163, 176, 180, 181, 182, 183, 185, 192, 194,195, 202, 379, 382, 383, 386 [except clause (a)],
394, 405, 407, 408, 409, 410, 411, 412, 413, 414, 439, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 456, 457, 458, 459, 460, 461, 462, 463, 467, 468, 469,
470, vide notification No. S.O. 2754(E), dated 12th September, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st April 2014 S. 2(2), (7), (13), (31), (41), (42), (47), (48), (62), (83), (85) and Explanation (d) of clause (87); ss. 3, 4, 5, 6; s. 7 [except sub-section (7)]; s. 8 [except sub-section (9)]; ss. 9, 10, 11, 12 and 13; s. 14 [except second proviso to sub-section (1) and sub-section (2)]; ss. 15, 16, 17 and 18; section 20; clause (b) of sub-section (1) and sub-section (2) of section 23; sub-section (3) of section 25; ss. 26, 27 and 28; sub-section (3) of s. 33; clause (e) of sub-section (1) of s. 35; subsection (4) of s. 39; sub-section (6) of s. 40; ss. 41, 42 and 43; ss. 46 and 47; ss. 52, 53 and 54; s. 55 [except sub-section (3)]; s. 56; s. 61 [except proviso to clause (b) of sub-section (1)]; s. 62 [except sub-sections (4) to (6)]; ss. 63 and 64; ss. 67 and 68; sub-section (2) of section 70; s. 71 [except sub-sections (9) to (11)]; ss. 72 and 73; sub-section (1) of s. 74; ss. 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85; ss. 87, 88, 89 and 90; ss. 92, 93, 94, 95 and 96; sub-section (6) of s.100; s. 101; third and fourth provisos to sub-section (1) and sub-section (7) of s. 105; ss. 108, 109 and 110; clause (b) of sub-section (1) of s. 113; s. 115; ss. 117and 118; s. 119 [except sub-section (4)]; ss. 120, 121, 122 and 123; s. 126; ss. 128 and 129; s.134; ss. 136, 137, 138 and 139; s. 140 [except second proviso to sub-section (4) and sub-section (5)]; ss. 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 160; sub-section (2) of s. 161; ss. 164, 165, 166, 167 and 168; s. 169 [except sub-section (4)]; ss. 170, 171, 172, 173, 174 and 175; ss. 177, 178 and 179; s. 184; ss. 186, 187, 188, 189, 190 and 191; s. 193; ss. 196, 197, 198, 199, 200 and 201; ss. 203, 204, 205, 206, 207, 208, 209, 210 and 211; s. 212 [except references of sub-section (10) of s. 66, sub-section (5) of s. 140], s. 213, subsection (1) of s. 251 and sub-section (3) of s. 339 made in sub-section (6) and also sub-sections (8) to (10)]; ss. 214, 215; s. 216 [except sub-section (2)]; s. 217; ss. 219 and 220; s. 223; s. 224 [except sub-sections (2) and (5)]; s. 225; ss. 228 and 229; ss. 366, 367, 368and 369; s. 370 (except the proviso); s. 371; s. 374; ss. 380and 381; ss. 384 and 385; clause (a) of s. 386; ss. 387, 388, 389 and 390; sub-section (1) of s. 391; ss. 392 and 393; ss. 395, 396, 397 and 398; s. 399 [except reference of word Tribunal in sub-section (2)]; ss. 400, 401, 402, 403 and 404; s. 406; s. 442; ss. 454and 455; s. 464; Schs. I, II, III, IV, V and VI, vide notification No. S.O. 902(E), dated 26th March, 2014, see Gazette of India, Extraordinary, Part II, sec.3(ii). 1st April, 2014 -- S. 135 and Sch. VII, vide notification No. S.O. 582(E), dated 27th February, 2014, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 6th June, 2014 Sub-sections (2) and (3) of s. 74, vide notification No. S.O. 1459(E), dated 6th June, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13th January, 2016 -- S. 125(5), (6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and (7), vide notification No. S.O. 125(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 18th May, 2016 --S. 2(29) (iv), ss. 435 to 438 and s. 440, vide notification No. S.O. 1795(E), dated 18th May, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 2016 --S. 7(7) [except clause (c) and (d)], s. 14(2), second proviso to sub-section (1) of s. 14, s. 55 (3), proviso to clause (b) of sub-section (1) of s. 61; s. 62 (4) to (6), s. 71 (9), (10) and (11), s. 75; s. 97; s. 98 and s. 99; S. 119 (4), s. 130 and 131; second proviso to sub-section (4) and (5) of s. 140, s. 169(4), s. 213, s. 216 (2), s. 218, s. 221, s. 222, s. 224 (5), ss. 241, 242 [except clause (b) of sub-section (1), cls. (c) and (g) of sub-section (2), 243, 244 and 245; Reference of word Tribunal s. 399 (2),ss. 415 to 433, s. 434 (1) (a) and (b) & (2), s. 441and 466, vide notification No. S.O. 1934(E), dated 1st June, 2016, see Gazette of India, Extraordinary Part II, sec. 3(ii). 7th September, 2016 -S. 124, s. 125 (1) to (4), (6) [with respect to the manner of administration of the Investor Education and Protection Fund] and (8) to (11) vide Notification No. S.O. 2866(E), dated 5th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th September, 2016 -- S. 227, 242 (1) (b), (2) (c) & (g), s. 246, Ss. 337 to 341 (to the extent of their applicability for s. 246), vide notification No. S.O. 2912(E), dated 9th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 2016-S. 2 (23), s.7 (7) (c) and (d), s. 8 (9), s. 48, s. 66, s. 224 (2), s. 226, s. 230 [except sub-section (11) and (12)], and ss. 231 to 233, ss. 235 to 240, ss. 270 to 288, ss. 290 to 303, ss. 324, ss. 326 to 365, proviso to s. 370, ss. 372 to 373, ss. 375 to 378, s. 391 (2), s. 434 (1) cl. (c) vide notification No. S.O. 3677(E), dated 7th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 26th December, 2016 --Ss. 248 to 252, vide notification No. S.O. 4167(E), dated 26th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 13th April, 2017 -- S. 234, vide notification No. S.O. 1182(E), dated 13th April, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 24th August, 2017 --S. 212 (8), (9) and (10), vide notification No. S.O. 2751(E), dated 24th August, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 20th September, 2017 --Proviso to clause (87) of s. 2, vide notification No. S.O. 3086(E), dated 20th September, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 18th October, 2017 --S. 247, vide notification No. S.O. 3393(E), dated 18th October, 2017, see Gazette of India, Extraordinary Part II, sec. 3(ii). 21st March, 2018- S. 132 (3) and (11), vide notification No. S.O. 1316(E), dated 21st March, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st October, 2018 -- S 132 (1) and (12), vide notification No. S.O. 5098(E), dated 1st October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 24th October, 2018 -- S 132 (2), (4), (5), (10), (13), (14) and (15) vide notification No. S.O. 5385(E), dated 24th October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 30th January, 2019 -- S465in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) vide notification No. S.O. 560(E), dated 30th January 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st July, 2019-S. 81 vide notification No. S.O. 2269(E), dated 15th August, 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 3rd February, 2020-S. 230 (11) and (12), vide notification No. S.O. 525(E), dated 3rd February, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 21st December, 2020-S. 1, 3,6 to 10 (both inclusive), s. 12 to 17 (both inclusive), clauses (a) and (b) of s. 18, s. 19 to 21 (both inclusive), clause (i) of s. 22, 24,26, 28 to 31 (both inclusive), s. 33 to 39 (both inclusive), s. 41 to 44 (both inclusive), s. 46 to 51 (both inclusive), s. 54, 57, 61 and 63, vide notification No. S.O. 4646(E), dated 21st December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; (c) infectious or contagious diseases for the purposes of section 68; (d) rates of penalty charges under section 73; (e) the manner in which the consignment may be delivered without a railway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section (2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83; (k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
1 Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
| ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) A company may close the register of members or the register of debenture-holders or the register of other
security holders for any period or periods not exceeding in the aggregate forty-five days in each year, but
not exceeding thirty days at any one time, subject to giving of previous notice of at least seven days or
such lesser period as may be specified by Securities and Exchange Board for listed companies or the
companies which intend to get their securities listed, in such manner as may be prescribed.
(2) If the register of members or of debenture-holders or of other security holders is closed without giving the notice as provided in sub-section (1), or after giving shorter notice than that so provided, or for a continuous or an aggregate period in excess of the limits specified in that sub-section, the company and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for every day subject to a maximum of one lakh rupees during which the register is kept closed. (1) A statement setting out the following material facts
concerning each item of special business to be transacted at a general meeting, shall be annexed to the
notice calling such meeting, namely:--
(a) the nature of concern or interest, financial or otherwise, if any, in respect of each items of-- (i) every director and the manager, if any; (ii) every other key managerial personnel; and (iii) relatives of the persons mentioned in sub-clauses (i) and (ii); (b) any other information and facts that may enable members to understand the meaning, scope and implications of the items of business and to take decision thereon. (2) For the purposes of sub-section (1),-- (a) in the case of an annual general meeting, all business to be transacted thereat shall be deemed special, other than-- (i) the consideration of financial statements and the reports of the Board of Directors and auditors; (ii) the declaration of any dividend; (iii) the appointment of directors in place of those retiring; (iv) the appointment of, and the fixing of the remuneration of, the auditors; and (b) in the case of any other meeting, all business shall be deemed to be special: Provided that where any item of special business to be transacted at a meeting of the company relates to or affects any other company, the extent of shareholding interest in that other company of every promoter, director, manager, if any, and of every other key managerial personnel of the first mentioned company shall, if the extent of such shareholding is not less than two per cent. of the paid-up share capital of that company, also be set out in the statement. (3) Where any item of business refers to any document, which is to be considered at the meeting, the time and place where such document can be inspected shall be specified in the statement under sub-section (1). (4) Where as a result of the non-disclosure or insufficient disclosure in any statement referred to in sub-section (1), being made by a promoter, director, manager, if any, or other key managerial personnel, any benefit which accrues to such promoter, director, manager or other key managerial personnel or their relatives, either directly or indirectly, the promoter, director, manager or other key managerial personnel, as the case may be, shall hold such benefit in trust for the company, and shall, without prejudice to any other action being taken against him under this Act or under any other law for the time being in force, be liable to compensate the company to the extent of the benefit received by him. 1[(5) Without prejudice to the provisions of sub-section (4), if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is higher.]
1. Subs. by Act 22 of 2019, s. 16, for sub-section (5) (w.e.f. 2-11-2018).
Where, by any provision contained in this Act or in the
articles of a company, special notice is required of any resolution, notice of the intention to move such
resolution shall be given to the company by such number of members holding not less than one per cent.
of total voting power or holding shares on which such aggregate sum not exceeding five lakh rupees, as
may be prescribed, has been paid-up and the company shall give its members notice of the resolution in
such manner as may be prescribed.
(1) Notwithstanding anything contained in this Act, a company
(a) shall, in respect of such items of business as the Central Government may, by notification, declare to be transacted only by means of postal ballot; and (b) may, in respect of any item of business, other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting, transact by means of postal ballot, in such manner as may be prescribed, instead of transacting such business at a general meeting: 1[Provided that any item of business required to be transacted by means of postal ballot under clause (a), may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section.] (2) If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf.
1. The Proviso ins. by Act 1 of 2018, s. 29 (w.e.f. 9-2-2018).
(1) A resolution shall be an ordinary resolution if the
notice required under this Act has been duly given and it is required to be passed by the votes cast,
whether on a show of hands, or electronically or on a poll, as the case may be, in favour of the resolution,
including the casting vote, if any, of the Chairman, by members who, being entitled so to do, vote in
person, or where proxies are allowed, by proxy or by postal ballot, exceed the votes, if any, cast against
the resolution by members, so entitled and voting.
(2) A resolution shall be a special resolution when-- (a) the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution; (b) the notice required under this Act has been duly given; and (c) the votes cast in favour of the resolution, whether on a show of hands, or electronically or on a poll, as the case may be, by members who, being entitled so to do, vote in person or by proxy or by postal ballot, are required to be not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting. (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). [Return to be filed with Registrar in case promoter's stake changes.] Omitted by the Companies
Act, 2017 (1 of 2018), s. 24 (w.e.f. 13-6-2018).
(1) The registers required to be kept
and maintained by a company under section 88 and copies of the annual return filed under section 92 shall
be kept at the registered office of the company:
Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company 1***: Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed. (2) The registers and their indices, except when they are closed under the provisions of this Act, and the copies of all the returns shall be open for inspection by any member, debenture-holder, other security holder or beneficial owner, during business hours without payment of any fees and by any other person on payment of such fees as may be prescribed. (3) Any such member, debenture-holder, other security holder or beneficial owner or any other person may (a) take extracts from any register, or index or return without payment of any fee; or (b) require a copy of any such register or entries therein or return on payment of such fees as may be prescribed. 2[Provided that such particulars of the register or index or return as may be prescribed shall not be available for inspection under sub-section (2) or for taking extracts or copies under this sub-section.]. (4) If any inspection or the making of any extract or copy required under this section is refused, the company and every officer of the company who is in default shall be liable, for each such default, to a penalty of one thousand rupees for every day subject to a maximum of one lakh rupees during which the refusal or default continues. (5) The Central Government may also, by order, direct an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it.
1. The words "and the Registrar has been given a copy of the proposed special resolution in advance" omitted by s. 25, ibid.
(w.e.f. 13-6-2018).
2. The proviso ins. by s. 25, ibid. (w.e.f. 13-6-2018).
(1) The Board may, whenever it deems fit, call an
extraordinary general meeting of the company.
1[Provided that an extraordinary general meeting of the company, other than of the wholly owned subsidiary of a company incorporated outside India, shall be held at a place within India.] (2) The Board shall, at the requisition made by,-- (a) in the case of a company having a share capital, such number of members who hold, on the date of the receipt of the requisition, not less than one-tenth of such of the paid-up share capital of the company as on that date carries the right of voting; (b) in the case of a company not having a share capital, such number of members who have, on the date of receipt of the requisition, not less than one-tenth of the total voting power of all the members having on the said date a right to vote, call an extraordinary general meeting of the company within the period specified in sub-section (4). (3) The requisition made under sub-section (2) shall set out the matters for the consideration of which the meeting is to be called and shall be signed by the requisitionists and sent to the registered office of the company. (4) If the Board does not, within twenty-one days from the date of receipt of a valid requisition in regard to any matter, proceed to call a meeting for the consideration of that matter on a day not later than forty-five days from the date of receipt of such requisition, the meeting may be called and held by the requisitionists themselves within a period of three months from the date of the requisition. (5) A meeting under sub-section (4) by the requisitionists shall be called and held in the same manner in which the meeting is called and held by the Board. (6) Any reasonable expenses incurred by the requisitionists in calling a meeting under sub-section (4) shall be reimbursed to the requisitionists by the company and the sums so paid shall be deducted from any fee or other remuneration under section 197 payable to such of the directors who were in default in calling the meeting.
1. The proviso ins. by Act 1 of 2018, s. 27 (w.e.f. 9-2-2018).
(1) Any member of a company entitled to attend and vote at a meeting of the
company shall be entitled to appoint another person as a proxy to attend and vote at the meeting on his
behalf:
Provided that a proxy shall not have the right to speak at such meeting and shall not been titled to vote except on a poll: Provided further that, unless the articles of a company otherwise provide, this sub-section shall not apply in the case of a company not having a share capital: Provided also that the Central Government may prescribe a class or classes of companies whose members shall not be entitled to appoint another person as a proxy: Provided also that a person appointed as proxy shall act on behalf of such member or number of members not exceeding fifty and such number of shares as may be prescribed. (2) In every notice calling a meeting of a company which has a share capital, or the articles of which provide for voting by proxy at the meeting, there shall appear with reasonable prominence a statement that a member entitled to attend and vote is entitled to appoint a proxy, or, where that is allowed, one or more proxies, to attend and vote instead of himself, and that a proxy need not be a member. (3) If default is made in complying with sub-section (2), every officer of the company who is in default shall be 1 [liable to a penalty of five thousands rupees]. (4) Any provision contained in the articles of a company which specifies or requires a longer period than forty-eight hours before a meeting of the company, for depositing with the company or any other person any instrument appointing a proxy or any other document necessary to show the validity or otherwise relating to the appointment of a proxy in order that the appointment may be effective at such meeting, shall have effect as if a period of forty-eight hours had been specified in or required by such provision for such deposit. (5) If for the purpose of any meeting of a company, invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the company’s expense to any member entitled to have a notice of the meeting sent to him and to vote thereat by proxy, every officer of the company 2 [who issues the invitation as aforesaid or authorises or permits their issue, shall be liable to a penalty of fifty thousand rupees]: Provided that an officer shall not be 3 [liable] under this sub-section by reason only of the issue to a member at his request in writing of a form of appointment naming the proxy, or of a list of persons willing to act as proxies, if the form or list is available on request in writing to every member entitled to vote at the meeting by proxy. (6) The instrument appointing a proxy shall-- (a) be in writing; and (b) be signed by the appointer or his attorney duly authorised in writing or, if the appointer is a body corporate, be under its seal or be signed by an officer or an attorney duly authorised by it. (7) An instrument appointing a proxy, if in the form as may be prescribed, shall not be questioned on the ground that it fails to comply with any special requirements specified for such instrument by the articles of a company. (8) Every member entitled to vote at a meeting of the company, or on any resolution to be moved thereat, shall be entitled during the period beginning twenty-four hours before the time fixed for the commencement of the meeting and ending with the conclusion of the meeting, to inspect the proxies lodged, at any time during the business hours of the company, provided not less than three days’ notice in writing of the intention so to inspect is given to the company.
1. Subs. by Act 22 of 2019, s. 17, for "punishable with fine which may extend to five thousand rupees" (w.e.f. 2-11-2018).
2. Subs. by Act 29 of 2020, s. 21, for certain words (w.e.f. 21-12-2020). 3. Subs. by s. 21, ibid., for "punishable" (w.e.f. 21-12-2020). (1) Where the name of a person is
entered in the register of members of a company as the holder of shares in that company but who does not
hold the beneficial interest in such shares, such person shall make a declaration within such time and in
such form as may be prescribed to the company specifying the name and other particulars of the person
who holds the beneficial interest in such shares.
(2) Every person who holds or acquires a beneficial interest in share of a company shall make a declaration to the company specifying the nature of his interest, particulars of the person in whose name the shares stand registered in the books of the company and such other particulars as may be prescribed. (3) Where any change occurs in the beneficial interest in such shares, the person referred to in sub-section (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed. (4) The Central Government may make rules to provide for the manner of holding and disclosing beneficial interest and beneficial ownership under this section. 1[(5) If any person fails to make a declaration as required under sub-section (1) or sub-section (2) or sub-section (3), he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.] (6) Where any declaration under this section is made to a company, the company shall make a note of such declaration in the register concerned and shall file, within thirty days from the date of receipt of declaration by it, a return in the prescribed form with the Registrar in respect of such declaration with such fees or additional fees as may be prescribed, 2***. 3[(7) If a company, required to file a return under sub-section (6), fails to do so before the expiry of the time specified therein, the company and every officer of the company who is in default shall be liable to a penalty of one thousand rupees for each day during which such failure continues, subject to a maximum of five lakh rupees in the case of a company and two lakh rupees in case of an officer who is in default.] (8) No right in relation to any share in respect of which a declaration is required to be made under this section but not made by the beneficial owner, shall be enforceable by him or by any person claiming through him. (9) Nothing in this section shall be deemed to prejudice the obligation of a company to pay dividend to its members under this Act and the said obligation shall, on such payment, stand discharged. 4[(10) For the purposes of this section and section 90, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to-- (i) exercise or cause to be exercised any or all of the rights attached to such share; or (ii) receive or participate in any dividend or other distribution in respect of such share.] 5[(11) The Central Government may, by notification, exempt any class or classes of persons from complying with any of the requirements of this section, except sub-section (10), if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification.]
1. Subs. by s. 18, ibid., for sub-section (5) (w.e.f. 21-12-2020).
2. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 21 (w.e.f. 7-5-2018). 3. Subs. by Act 29 of 2020, s. 18, for sub-section (7) (w.e.f. 21-12-2020). 4. Ins. by Act 1 of 2018, s. 21, (w.e.f. 13-6-2018). 5. Ins. by Act 29 of 2020, s. 18 (w.e.f. 22-1-2021). (1) Every company shall prepare a return (hereinafter referred to as the annual
return) in the prescribed form containing the particulars as they stood on the close of the financial year
regarding--
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies; (b) its shares, debentures and other securities and shareholding pattern; 1* * * * * (d) its members and debenture-holders along with changes therein since the close of the previous financial year; (e) its promoters, directors, key managerial personnel along with changes there in since the close of the previous financial year; (f) meetings of members or a class thereof, Board and its various committees along with attendance details; (g) remuneration of directors and key managerial personnel; (h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment; (i) matters relating to certification of compliances, disclosures as may be prescribed; (j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors 2***; and (k) such other matters as may be prescribed, and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice: Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company. 3[Provided further that the Central Government may prescribe abridged form of annual return for "One Person Company, small company and such other class of classes of companies as may be prescribed".] (2) 4[The annual return, filed by a listed company or, by a company having such paid-up capital or turnover as may be prescribed shall be certified by a company secretary in practice in the prescribed form, stating that the annual return discloses the facts correctly and adequately and that the company has complied with all the provisions of this Act. (3) An extract of the annual return in such form as may be prescribed shall form part of the Board's report. (4) Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, 5***. 6[(5) If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of 7[ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 8[two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is an default].] (6) If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be 8 [liable to a penalty of two lakh rupees].
1. Clause (c) omitted by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021).
2. The words "indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them" omitted by s. 23, ibid (w.e.f. 5-3-2021). 3. Ins. by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021). 4. Subs. by S.O. 1177 (E), dated 29th April, 2014 for certain words (w.e.f. 29-4-2014). 5. The words "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 23 (w.e.f. 7-5-2018). 6. Subs. by Act 22 of 2019, s. 15, for sub-section (5) (w.e.f. 2-11-2018). 7. Subs. by Act 29 of 2020, s. 20, for "fifty thousand rupees" (w.e.f. 21-12-2020). 8. Subs. by s. 20, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 20, ibid., for "punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees" (w.e.f. 21-12-2020). (1) The President of India or the
Governor of a State, if he is a member of a company, may appoint such person as he thinks fit to act as his
representative at any meeting of the company or at any meeting of any class of members of the company.
(2) A person appointed to act under sub-section (1) shall, for the purposes of this Act, be deemed to be a member of such a company and shall be entitled to exercise the same rights and powers, including the right to vote by proxy and postal ballot, as the President or, as the case may be, the Governor could exercise as a member of the company. (1) A body
corporate, whether a company within the meaning of this Act or not, may,--
(a) if it is a member of a company within the meaning of this Act, by resolution of its Board of Directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the company, or at any meeting of any class of members of the company; (b) if it is a creditor, including a holder of debentures, of a company within the meaning of this Act, by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this Act or of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be. (2) A person authorised by resolution under sub-section (1) shall be entitled to exercise the same rights and powers, including the right to vote by proxy and by postal ballot, on behalf of the body corporate which he represents as that body could exercise if it were an individual member, creditor or holder of debentures of the company. The Central Government may prescribe the class or classes
of companies and manner in which a member may exercise his right to vote by the electronic means.
(1) Before or on the declaration of the result of the voting on any resolution
on show of hands, a poll may be ordered to be taken by the Chairman of the meeting on his own motion,
and shall be ordered to be taken by him on a demand made in that behalf,--
(a) in the case a company having a share capital, by the members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power or holding shares on which an aggregate sum of not less than five lakh rupees or such higher amount as may be prescribed has been paid-up; and (b) in the case of any other company, by any member or members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power. (2) The demand for a poll may be withdrawn at any time by the persons who made the demand. (3) A poll demanded for adjournment of the meeting or appointment of Chairman of the meeting shall be taken forthwith. (4) A poll demanded on any question other than adjournment of the meeting or appointment of Chairman shall be taken at such time, not being later than forty-eight hours from the time when the demand was made, as the Chairman of the meeting may direct. (5) Where a poll is to be taken, the Chairman of the meeting shall appoint such number of persons, as he deems necessary, to scrutinise the poll process and votes given on the poll and to report thereon to him in the manner as may be prescribed. (6) Subject to the provisions of this section, the Chairman of the meeting shall have power to regulate the manner in which the poll shall be taken. (7) The result of the poll shall be deemed to be the decision of the meeting on the resolution on which the poll was taken. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) A general meeting of a company may be called by giving not less than
clear twenty-one days' notice either in writing or through electronic mode in such manner as maybe
prescribed:
2[Provided that a general meeting may be called after giving shorter notice than that specified in this sub-section if consent, in writing or by electronic mode, is accorded thereto-- (i) in the case of an annual general meeting, by not less than ninty-five per cent. of the members entitled to vote thereat; and (ii) in the case of any other general meeting, by members of the company-- (a) holding, if the company has a share capital, majority in number of members entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or (b) having, if the company has no share capital, not less than ninty-five per cent. of the total voting power exercisable at that meeting: Provided further that where any member of a company is entitled to vote only on some resolution or resolutions to be moved at a meeting and not on the others, those members shall be taken into account for the purposes of this sub-section in respect of the former resolution or resolutions and not in respect of the latter.] (2) Every notice of a meeting shall specify the place, date, day and the hour of the meeting and shall contain a statement of the business to be transacted at such meeting. (3) The notice of every meeting of the company shall be given to-- (a) every member of the company, legal representative of any deceased member or the assignee of an insolvent member; (b) the auditor or auditors of the company; and (c) every director of the company. (4) Any accidental omission to give notice to, or the non-receipt of such notice by, any member or other person who is entitled to such notice for any meeting shall not invalidate the proceedings of the meeting.
1. The proviso subs. by s. 28, ibid. (w.e.f. 9-2-2018).
(1) Every company shall keep and maintain the following registers
in such form and in such manner as may be prescribed, namely:--
(a) register of members indicating separately for each class of equity and preference shares held by each member residing in or outside India; (b) register of debenture-holders; and (c) register of any other security holders. (2) Every register maintained under sub-section (1) shall include an index of the names included therein. (3) The register and index of beneficial owners maintained by a depository under section 11 of the Depositories Act, 1996 (22 of 1996), shall be deemed to be the corresponding register and index for the purposes of this Act. (4) A company may, if so authorised by its articles, keep in any country outside India, in such manner as may be prescribed, a part of the register referred to in sub-section (1), called "foreign register" containing the names and particulars of the members, debenture-holders, other security holders or beneficial owners residing outside India. 1[(5) If a company does not maintain a register of members or debenture-holders or other security holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2), the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 17, for sub-section (5) (w.e.f. 21-12-2020).
(1) A copy of every resolution or any agreement, in
respect of matters specified in sub-section (3) together with the explanatory statement under section 102,
if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar within thirty days of the passing or making thereof in such manner and with such fees as
may be prescribed 1***:
Provided that the copy of every resolution which has the effect of altering the articles and the copy of every agreement referred to in sub-section (3) shall be embodied in or annexed to every copy of the articles issued after passing of the resolution or making of the agreement. 2(2) If any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.] (3) The provisions of this section shall apply to-- (a) special resolutions; (b) resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed as special resolutions; (c) any resolution of the Board of Directors of a company or agreement executed by a company, relating to the appointment, re-appointment or renewal of the appointment, or variation of the terms of appointment, of a managing director; (d) resolutions or agreements which have been agreed to by any class of members but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by a specified majority or otherwise in some particular manner; and all resolutions or agreements which effectively bind such class of members though not agreed to by all those members; 3* * * * * (f) resolutions requiring a company to be wound up voluntarily passed in pursuance of 4 [section 59 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)]; (g) resolutions passed in pursuance of sub-section (3) of section 179:5*** 6[Provided that no person shall be entitled under section 399 to inspect or obtain copies of such resolutions; 7***] 8[Provided further that nothing contained in this clause shall apply in respect of a resolution passed to grant loans, or give guarantee or provide security in respect of loans under clause (f) of sub-section (3) of section 179 in the ordinary course of its business by-- (a) a banking company; (b) any class of non-banking financial company registered under Chapter IIIB of the Reserve Bank of India Act, 1934, as may be prescribed in consultation with the Reserve Bank of India; (c) any class of housing finance company registered under the National Housing Bank Act, 1987 (53 of 1987), as may be prescribed in consultation with the National Housing Bank; and] (h) any other resolution or agreement as may be prescribed and placed in the public domain.
1. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018).
2. Subs. by Act 29 of 2020, s. 22, for sub-section (2) (w.e.f. 21-12-2020). 3.Clause (e) omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 4. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for "section 304" (w.e.f. 15-11-2016). 5. The word "and" omitted by Act 21 of 2015, s. 9 (w.e.f. 29-5-2015). 6. Ins. by s. 9, ibid. (w.e.f. 29-5-2015). 7. The "and" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 8.The proviso subs. by Act 29 of 2020, s. 22 (w.e.f. 22-1-2021). | ||||||||||||||||
Related Section(s)13. The State Government may, be notification, make rules for carrying out the
purposes of the Act.
| ||||||||||||||||
Related Section(s)(1) With effect form 1st April, 2019 there shall be paid to every person, who has served as a member of the Rajasthan Legislative Assembly for any period upto five years. Whether continuous or not, a pension of rupees thirty five thousand per mensem and an additional pension of rupees one thousand six hundred per mensem for every year or part thereof, whether continuous or not, beyond the aforesaid period of five years :
Provided that no such pension shall be paid to any person for the period during which such person was or is in receipt of any salary as Member of Parliament or any State Legislature or from any State Government or the Central Government, or any Corporation owned or controlled by the Central Government or any State Government or any local authority and if any such salary was or is received the payment of pension shall be suspended for that period : Provided further that the salary or remuneration payable to such person for being such member or for holding such office or being so employed, is in any case less than the pension payable to him under this section, such person shall be entitled only to receive the balance as pension under this section : Provided also that pension payable to a person under this section shall be increased by twenty percent if he has attained the age of Seventy years and shall be increased by thirty percent if he has attained the age of eighty years. Explanation I.- In computing the number of years for the purposes of determining pension under this section, the period during which a person has served as a Minister or as an officer as defined in this Act, or both, by virtue of his membership of the Rajasthan Legislative Assembly shall be taken into account. Explanation II.- If the Legislative Assembly is dissolved before the expiration of the period of 5 years, for the purpose of computing the period as Member of the Legislative Assembly the period commencing with the date of the constitution of the Legislative Assembly after the General Election and ending with the date of dissolution, shall be deemed to be five years. Explanation III.- For the purpose of this section, salary includes salary received under this Act and salary received as : (i) the President or Vice-President or Governor of any State or the Administrator of any Union Territory; or (ii) a Member of the Parliament or any State Legislature; or (iii) a Minister or Deputy-Minister of the Government of India or any State; or (iv) the Chairman or Deputy-Chairman of the Council of States, or the Legislative Council of any State; or (v) the Speaker or Deputy Speaker of the House of the People, or of the Legislative Assembly of any State. Explanation IV.- In computing the amount of pension payable to any person under this section, the amount of pension received by him under the Rajasthan Freedom Fighters Aid Rules, 1959 or under any other rules made on the same subject shall not be taken into account. Explanation V.- In computing the number of years for the purpose of determining pension under this section with respect to a person who is elected to the Legislative Assembly in a bye-election, the period commencing with the date on which such person takes oath of his membership and ending with the date of dissolution of the Assembly shall be deemed to be five years. (2) With effect from 1st April, 2018, every person entitled to pension under sub-section (1), subject to rules, if any, made in this behalf by the State Government,- (a) shall be entitled to reimbursement of any expenditure on account of medical treatment of himself and his dependent children equivalent to that permissible to the retired officers of class I services of the state Government; and (b) shall also be entitled to two free non-transferable passes which would entitle him and any other person accompanying him to travel at any time by the Rajasthan State Road Transport Corporation Service on whichever routes it operates, in such class of accommodation and subject to such conditions as may be prescribed. Provided that where such person is also entitled to any of the aforesaid facilities for the time being as the President, Vice-President, or Governor of any State or the Administrator of any Union Territory or as Member of Parliament or of any other State Legislature or the National Capital Territory of Delhi or from the Central Government or any State Government, or any Corporation owned or controlled by the Central Government or any State Government, or any local authority, under any law or otherwise, he shall not be entitled to that facility to that extent. (3) Where a person has served as a Member of Parliament, whether in the House of the People after being chosen by direct election from any territorial constituency in the State of Rajasthan or in the Council of States as a representative of the State, he shall be entitled to one free non-transferable pass which would entitle him to travel at any time by the Rajasthan State Road Transport Corporation service on whichever route it operates, in such class of accommodation and subject to such conditions as are prescribed under sub-section (2).
section 4-A was inserted by Raj Act No. 11 of 1965 vide Notification F.7(15)-L/65 dated 30.04.1965
(1) The State Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules shall— (a) prescribe the conditions and restrictions subject to which daily allowance may be drawn; (b) prescribe the conditions under which the rates at which and the journeys for which travelling allowances may be claimed; (c) specify the classes of journeys which shall be deemed to have been undertaken by an officer of the Legislative Assembly in the discharge of his duties; (d) prescribe the conditions under which and the rate at which hospital and free medical attendance and treatment to be afforded to any officer in the discharge of his official duties; (e) prescribe the medical, housing facilities mentioned in section 9; (f) specify the circumstances in which and the extent to which the salary of a member may be deducted; (ff) prescribe the rules for drawing pension and the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act; and (g) lay down such other matters as may be or are required to be prescribed by this Act. (3) Any rule under this Act may be made so as to have retrospective effect from such date, not earlier than the date of commencement of this Act, as the State Government may, by notification in the Official Gazette, appoint. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1[30A. Power to make rules retrospectively.-- The power to make rules under clause (b) of
sub-section (2) of section 30 shall include the power to make such rules or any of them retrospectively
from a date not earlier than the date on which this Act received the assent of the President, but no such
retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person
to whom such rule may be applicable.]
1. Ins. by Act 4 of 1999, s. 2 (w.e.f. 2-1-1999).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generally of the forgoing power, such rules may provide for all or any of the following matters, namely:-- (a) the form of application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under sub-section (2) of section 5; (b) the time within which the registration is to be effected under sub-section (5) of section 5; (c) the classification of articles for registration under sub-section (1) of section 6; (d) the particulars of design to be published and the manner of their publication under section 7; (e) the manner of making claim under sub-section (1) of section 8; (f) the manner of making applications to the Controller under sub-section (5) of section 8; (g) the additional matters required to be entered in the register of designs and the safeguards to be made in maintaining such register in computer floppies or diskettes under sub-section (1) of section 10; (h) the manner of making application and fee to be paid for extension of the period of copyright under and the fee payable thereto, sub-section (2) of section 11; (i) the manner of making application for restoration of design and the fee to be paid with it under sub-section (1) of section 12; (j) the manner of verification of statement contained in an application under sub-section (2) of section 12; (k) the additional fee to be paid for restoration of the registration of design under sub-section (1) of section 13; (l) the provisions subject to which the right of the registered proprietor shall be under sub-section (1) of section 14; (m) the number of exact representation or specimen of the design to be furnished to the Controller under clause (a) of sub-section (1) of section 15; (n) the mark, words or figures with which the article is to be marked denoting that the design is registered under clause (b) of sub-section (1) of section 15; (o) the rules to dispense with or modify as regards any class or description of articles any of the requirements of section 15 as to marking under sub-section (2) of that section; (p) the fee to be paid for and the manner of inspection under sub-section (1) of section 17; (q) the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17; (r) the fee on payment of which the Controller shall inform under section 18; (s) the form for giving notice to the controller under clause (a) of the proviso to section 21; (t) the fee to be paid in respect of the registration of designs and application therefor, and in respect of other matters relating to designs under sub-section (1) of section 24; (u) the fee to be paid for giving certified copy of any entry in the register under section 26; (v) the fee to be accompanied with the request in writing for correcting any clerical error under section 29; (w) the form in which an application for registration as proprietor shall be made and the manner in which the Controller shall cause an entry to be made in the register of the assignment, transmission or other instruments effecting the title under sub-section (1) of section 30; (x) the form in which an application for title shall be made and the manner in which the Controller shall cause notice of the interest to be entered in the register of designs with particulars of the instrument, if any, creating such interest under sub-section (2) of section 30; (y) the manner of filing an application for registration and for making application for extension of time as referred to in sub-section (3) of section 30; (z) the manner of making application to the Controller for rectification of register under sub-section (1) of section 31; (za) the manner in which the notice of rectification shall be served on the Controller under sub-section (4) of section 31; (zb) the rules regulating the proceedings before the Controller under section 32; (zc) the time which shall be granted to the applicants for being heard by the Controller under section 33; (zd) the fee to be accompanied with an appeal under sub-section (1) of section 36; (ze) any other matter which is required to be, or may be, prescribed. (3) The power to make rules under this section shall be subject to the conditions of the rules being made after previous publication. (4) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that Act. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. (1) Subject to the provisions of this Act, the Central Government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)- (1) This Act may be called the Rajasthan State Highways Act, 2014.
(2) It extends to the State of Rajasthan.
(3) Itshall come into force on such date, as the State Government may, by notification
in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision:
Provided further that the state Government shall appoint such date for
commencement of the provisions of section 5 to 15 and sub-section (6) of section 60, after
inclusion of this Act in the fourth Schedule of the Land Acquisition Act, 2013 under subsection (2) of section 105 thereof.;
- Inthis Act, unless the context otherwise requires,-
(a) Authority means the Rajasthan State Highways Authority constituted under
section 44;
(b) building includes any erection of whatsoever material and in whatsoever manner
constructed (including a farm-building for agricultural purposes) and also includes plinths,
door steps, walls (including compound walls and fences) advertisement boards and the like;
(c) Chairperson means the Chairperson of the Authority;
(d) competent authority means any person or authority authorised by the State
Government, by notification in the Official Gazette, to perform the functions of the
competent authority for such area as may be specified in the notification;
(e) Collector means the Collector of a District and includes any officer specially
appointed by the State Government to perform the functions of a Collector under this Act;
(f) control zone means the area of land appurtenant to a highway and situate within
the distance specified in sub-section (I) of section 20;
(g) concession means the rights and obligations specified in a contract in a entered
into between the State Government or the Authority, as the case may be, and any person for
development, financing and operation of a state highway or part thereof, and includes a
contract for operation of, and levy and collection of fee on, a state highway;
(h) concessionaire means a person who has entered into a contract with the State
Government or the Authority, as the case may be, for and in respect of a concession;
(i) development, in relation to a state highway, includes its designing, construction,
renovation, refurbishing, augmentation, upgradation and other activities incidental thereto,
and develop shall be construed accordingly;
(j) Divisional Commissioner means the Commissioner of a Division and includes
any officer specially appointed by the State Government to perform the functions of a
Divisional Commissioner under this Act; .
(k) encroachment means unauthorised occupation of any highway or part thereof
and includes-
(i) the erection of a building or any other structure, balconies, thresholds, porches
or projections on, over or overhanging the highway;
(ii) occupation of highway beyond the prescribed period, if any, for stacking
materials or goods of any description or for exhibiting articles for sale, or for
erecting poles, lawnings, tents, pandals, and other similar erection, or for
parking vehicles or stabling domestic animals, or for any other purposes;
and
(iii) excavations or embankments of any kind made or extended on any highway
land;
(1) erect, with all its grammatical variations, in relation to a building, means to
construct, reconstruct, extend or alter structurally a building;
(m) excavation, in relation to a piece of land, means piercing the surface of that
piece of land and includes digging of wells and tanks;
(n) expressway means a highway having a controlled access thereto with a limited
number of intersections and a divider between lanes for traffic moving in opposite directions;
(0) highway or state highway means any road for the time being declared as a
state highway under section 3 and shall include all land situate within the boundaries of
such road;
(P) land includes benefits to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth;
(q) Land Acquisition Act, 2013 means the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act
No. 30 of2013) and includes any modification, amendment or re-enactment thereof;
(r) member means a member of the Authority appointed under section 44 and
includes the Chairperson;
(s) occupier includes -
(i) any person who for the time being is paying or is liable to pay to the owner
rent or any portion of the rent of the premises in respect of which such rent
is paid or payable;
(ii) an owner living in or otherwise using the premises;
(iii) a rent free tenant;
(iv) a licensee in occupation of any premises; and
(v) any person who is liable to pay to the owner damages for the use and
occupation of any premises; (t)operation, in relation to a highway, includes its maintenance, repair, modification,
improvement, management and regulation, and operate shall be construed accordingly;
(u) owner, means and includes,- (I) when used with reference to any premises, the person who receives the rent of
the said premises or who would be entitled to receive the rent thereof if the premises
were let, and includes- (i) an agent, manager or trustee, by whatever name called, who has control
over the premises or who receives rent on behalf of the owner;
(ii) an agent, manager or trustee who receives the rent of, or is entrusted with,
or concerned with, any premises devoted to religious or charitable
purposes; (iii) receiver, sequestrator or manager appointed by any court of competent
jurisdiction; and
(iv) a mortgagee in possession; (2) when used with reference to an institution or a body corporate, the principal
officer of such institution or body corporate; (3) when used with reference to a vehicle, the person who own or controls that
vehicle; (v) person shall include any company or association or body of individuals, whether
incorporated or not ;
(w) prescribed means prescribed by rules made under this Act;
(x) regulations means regulations made by the Authority under this Act;
(y) rules means rules made by the State Government under this Act;
(z) State Government means the Government ofthe State of Rajasthan;
(za) survey includes all operations incidental to the detennination, measurement and
record of a boundary or boundaries or any part of a boundary and also includes a resurvey:
(zb) Schedule means schedule of this Act; (zc) user means a person wbo is authorised to use a highway under the provisions of
this Act and includes any person who uses a highway in discharge of his functions and duties
under any law for the time being in force; (zd) vehicle means and includes a vehicle of every description of carriage or other
artificial contrivance used, or capable of being used, as means of transportation on land; and
(ze) wayside amenities means and includes hotel, motel, restaurants, service stations,
hospitals, trauma centres, shopping complexes, office complexes, transport and tourism
facilities, warehousing, logistic hubs, entertainment complexes, associated services, residential
premises and other amenities or facilities that may be useful for travellers and for areas
surrounding a highway.
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) of section 3; (b) the additional requirements 1 [relating to the capital adequacy, creditworthiness or code of conduct] under sixth proviso to section 14; (c) the payment of fees for application for grant of licence under sub-section (1) of section 15; (d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of section 26; (e) the works of licensees affecting the property of owner or occupier under sub-section (2) of section 67; (f) such other cases which may be prescribed under clause (c) of sub-section (2) of section 68; (g) allowances and fees payable to others Members for attending the meetings of Authority under sub-section (14) of section 70. (h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of section 70; (i) the functions and duties of the Central Electricity Authority under section 73; (j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of section 89; (k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89; (l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of section 90; (m) any other matter required to be prescribed under clause (g) of sub-section (1) of section 94; (n) the form in which the Central Commission shall prepare its annual statement of accounts under sub-section (1) of section 100; (o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of section 101; (p) the form in which and time at which the Central Commission shall prepare its budget under section 106; (q) the form and the manner of verifying such form, and fee for filing appeal under sub-section (2) of section 111; (r) the salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal under section 115; (s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 119; (t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 120; (u) the authority to whom the appeal shall be filed under sub-section (1) of section 127; (v) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143; (w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of section 161; (x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of section 162; (y) the manner of delivery of every notice, order or document to be served under sub-section (1) of section 171; (z) any other matter which is required to be, or may be, prescribed.
1. Subs. by Act 26 of 2007, s. 19, for "(including the capital adequacy, creditworthiness or code of conduct)" (w.e.f. 15-6-2007).
(1) The Central Government shall, from time to time,
prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and
the Authority for development of the power system based on optimal utilisation of resources such as coal,
natural gas, nuclear substances or materials, hydro and renewable sources of energy.
(2) The Central Government shall publish National Electricity Policy and tariff policy from time to time. (3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1). (4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years: Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: Provided further that the Authority shall- (a) notify the plan after obtaining the approval of the Central Government; (b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a). (5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may--
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 1[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All 2[certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such 2[certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 3[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of-- (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.]
1. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023).
2. Subs. by s. 13, ibid., for "extracts" (w.e.f. 1-10-2023). 3. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). (1) The
1[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this
behalf, cause to be registered information as to births and deaths of citizens of India outside India received by
him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship
Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
1. Subs. by s. 2, ibid., for "Registrar-General" (w.e.f. 1-10-2023)
The State Government may, by notification in the Official Gazette,
divide the territory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(1) In this Act, unless the context otherwise requires,--
1[(a) "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (aa) "adoption" shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] "birth" means live-birth or still-birth; 1[(b) "database" means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] "death" means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) "foetal death" means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) "live-birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) "prescribed" means prescribed by rules made under this Act; (f) "State Government", in relation to a Union territory, means the Administrator thereof; (g) "still-birth" means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023).
2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). (1) No suit, prosecution or other legal proceeding
shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising
any power or performing any duty under this Act for anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for-- (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). (1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act. If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal
entry and add thereto the date of the correction or cancellation.
| ||||||||||||||||
Related Section(s)(1) The articles of a company shall contain the regulations for management of the company.
(2) The articles shall also contain such matters, as may be prescribed: Provided that nothing prescribed in this sub-section shall be deemed to prevent a company from including such additional matters in its articles as may be considered necessary for its management. (3) The articles may contain provisions for entrenchment to the effect that specified provisions of the articles may be altered only if conditions or procedures as that are more restrictive than those applicable in the case of a special resolution, are met or complied with. (4) The provisions for entrenchment referred to in sub-section (3) shall only be made either on formation of a company, or by an amendment in the articles agreed to by all the members of the company in the case of a private company and by a special resolution in the case of a public company. (5) Where the articles contain provisions for entrenchment, whether made on formation or by amendment, the company shall give notice to the Registrar of such provisions in such form and manner as may be prescribed. (6) The articles of a company shall be in respective forms specified in Tables, F, G, H, I and J in Schedule I as may be applicable to such company. (7) A company may adopt all or any of the regulations contained in the model articles applicable to such company. (8) In case of any company, which is registered after the commencement of this Act, in so far as the registered articles of such company do not exclude or modify the regulations contained in the model articles applicable to such company, those regulations shall, so far as applicable, be the regulations of that company in the same manner and to the extent as if they were contained in the duly registered articles of the company. (9) Nothing in this section shall apply to the articles of a company registered under any previous company law unless amended under this Act. Save as otherwise expressly provided in this
Act--
(a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a company, or in any agreement executed by it, or in any resolution passed by the company in general meeting or by its Board of Directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of this Act; and (b) any provision contained in the memorandum, articles, agreement or resolution shall, to the extent to which it is repugnant to the provisions of this Act, become or be void, as the case may be. (1)Save as provided in section 61, a company may, by a special resolution and after complying with the procedure specified in this section, alter the provisions of its memorandum.
(2) Any change in the name of a company shall be subject to the provisions of subsections (2) and (3) of section 4 and shall not have effect except with the approval of the Central Government in writing: Provided that no such approval shall be necessary where the only change in the name of the company is the deletion therefrom, or addition thereto, of the word "Private", consequent on the conversion of any one class of companies to another class in accordance with the provisions of this Act. (3) When any change in the name of a company is made under sub-section (2), the Registrar shall enter the new name in the register of companies in place of the old name and issue a fresh certificate of incorporation with the new name and the change in the name shall be complete and effective only on the issue of such a certificate. (4) The alteration of the memorandum relating to the place of the registered office from one State to another shall not have any effect unless it is approved by the Central Government on an application in such form and manner as may be prescribed. (5) The Central Government shall dispose of the application under sub-section (4) within a period of sixty days and before passing its order may satisfy itself that the alteration has the consent of the creditors, debenture-holders and other persons concerned with the company or that the sufficient provision has been made by the company either for the due discharge of all its debts and obligations or that adequate security has been provided for such discharge. (6) Save as provided in section 64, a company shall, in relation to any alteration of its memorandum, file with the Registrar-- (a) the special resolution passed by the company under sub-section (1); (b) the approval of the Central Government under sub-section (2), if the alteration involves any change in the name of the company. (7) Where an alteration of the memorandum results in the transfer of the registered office of a company from one State to another, a certified copy of the order of the Central Government approving the alteration shall be filed by the company with the Registrar of each of the States within such time and in such manner as may be prescribed, who shall register the same, and the Registrar of the State where the registered office is being shifted to, shall issue a fresh certificate of incorporation indicating the alteration. (8) A company, which has raised money from public through prospectus and still has any unutilised amount out of the money so raised, shall not change its objects for which it raised the money through prospectus unless a special resolution is passed by the company and-- (i) the details, as may be prescribed, in respect of such resolution shall also be published in the newspapers (one in English and one in vernacular language) which is in circulation at the place where the registered office of the company is situated and shall also be placed on the website of the company, if any, indicating therein the justification for such change; (ii) the dissenting shareholders shall be given an opportunity to exit by the promoters and shareholders having control in accordance with regulations to be specified by the Securities and Exchange Board. (9) The Registrar shall register any alteration of the memorandum with respect to the objects of the company and certify the registration within a period of thirty days from the date of filing of the special resolution in accordance with clause (a) of sub-section (6) of this section. (10) No alteration made under this section shall have any effect until it has been registered inaccordance with the provisions of this section. (11) Any alteration of the memorandum, in the case of a company limited by guarantee and not having a share capital, purporting to give any person a right to participate in the divisible profits of thecompany otherwise than as a member, shall be void. (1) The memorandum of a company shall state--
(a) the name of the company with the last word "Limited" in the case of a public limited company, or the last words "Private Limited" in the case of a private limited company: Provided that nothing in this clause shall apply to a company registered under section 8; (b) the State in which the registered office of the company is to be situated; (c) the objects for which the company is proposed to be incorporated and any matter considered necessary in furtherance thereof; (d) the liability of members of the company, whether limited or unlimited, and also state,-- (i) in the case of a company limited by shares, that liability of its members is limited to the amount unpaid, if any, on the shares held by them; and (ii) in the case of a company limited by guarantee, the amount up to which each member undertakes to contribute -- (A) to the assets of the company in the event of its being wound-up while he is a member or within one year after he ceases to be a member, for payment of the debts and liabilities of the company or of such debts and liabilities as may have been contracted before he ceases to be a member, as the case may be; and (B) to the costs, charges and expenses of winding-up and for adjustment of the rights of the contributories among themselves; (e) in the case of a company having a share capital,-- (i) the amount of share capital with which the company is to be registered and the division thereof into shares of a fixed amount and the number of shares which the subscribers to the memorandum agree to subscribe which shall not be less than one share; and (ii) the number of shares each subscriber to the memorandum intends to take, indicated opposite his name; (f) in the case of One Person Company, the name of the person who, in the event of death of the subscriber, shall become the member of the company. (2) The name stated in the memorandum shall not-- (a) be identical with or resemble too nearly to the name of an existing company registered under this Act or any previous company law; or (b) be such that its use by the company-- (i) will constitute an offence under any law for the time being in force; or (ii) is undesirable in the opinion of the Central Government. (3) Without prejudice to the provisions of sub-section (2), a company shall not be registered with a name which contains-- (a) any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body constituted by the Central Government or any State Government under any law for the time being in force; or (b) such word or expression, as may be prescribed, unless the previous approval of the Central Government has been obtained for the use of any such word or expression. (4) A person may make an application, in such form and manner and accompanied by such fee, as may be prescribed, to the Registrar for the reservation of a name set out in the application as-- (a) the name of the proposed company; or (b) the name to which the company proposes to change its name. (5) 1[(i) Upon receipt of an application under sub-section (4), the Registrar may, on the basis of information and documents furnished along with the application, reserve the name for a period of twenty days from the date of approval or such other period as may be prescribed: Provided that in case of an application for reservation of name or for change of its name by an existing company, the Registrar may reserve the name for a period of sixty days from the date of approval.] (ii) Where after reservation of name under clause (i), it is found that name was applied by furnishing wrong or incorrect information, then,-- (a) if the company has not been incorporated, the reserved name shall be cancelled and the person making application under sub-section (4) shall be liable to a penalty which may extend to one lakh rupees; (b) if the company has been incorporated, the Registrar may, after giving the company an opportunity of being heard-- (i) either direct the company to change its name within a period of three months, after passing an ordinary resolution; (ii) take action for striking off the name of the company from the register of companies; or (iii) make a petition for winding up of the company. (6) The memorandum of a company shall be in respective forms specified in Tables A, B, C, D and E in Schedule I as may be applicable to such company. (7) Any provision in the memorandum or articles, in the case of a company limited by guarantee and not having a share capital, purporting to give any person a right to participate in the divisible profits of thecompany otherwise than as a member, shall be void.
1. Subs. by Act 1 of 2018, s. 4, for clause (i) (w.e.f. 26-1-2018).
(1) A company may be formed for any lawful purpose by--
(a) seven or more persons, where the company to be formed is to be a public company; (b) two or more persons, where the company to be formed is to be a private company; or (c) one person, where the company to be formed is to be One Person Company that is to say, a private company, by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration: Provided that the memorandum of One Person Company shall indicate the name of the other person,with his prior written consent in the prescribed form, who shall, in the event of the subscribers death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles: Provided further that such other person may withdraw his consent in such manner as may be prescribed: Provided also that the member of One Person Company may at any time change the name of such other person by giving notice in such manner as may be prescribed: Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed: Provided also that any such change in the name of the person shall not be deemed to be an alteration of the memorandum. (2) A company formed under sub-section (1) may be either-- (a) a company limited by shares; or (b) a company limited by guarantee; or (c) an unlimited company. (1) A company shall, 1[within thirty days of its incorporation]
and at all times thereafter, have a registered office capable of receiving and acknowledging all
communications and notices as may be addressed to it.
(2) The company shall furnish to the Registrar verification of its registered office within a period of thirty days of its incorporation in such manner as may be prescribed. (3) Every company shall-- (a) paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and if the characters employed therefor are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages; 2[(b) have its name engraved in legible characters on its seal, if any;] (c) get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications; and (d) have its name printed on hundies, promissory notes, bills of exchange and such other documents as may be prescribed: Provided that where a company has changed its name or names during the last two years, it shall paint or affix or print, as the case may be, along with its name, the former name or names so changed during the last two years as required under clauses (a) and (c): Provided further that the words One Person Company shall be mentioned in brackets below the name of such company, wherever its name is printed, affixed or engraved. (4) Notice of every change of the situation of the registered office, verified in the manner prescribed, after the date of incorporation of the company, shall be given to the Registrar 3[within thirty days] of the change, who shall record the same. (5) Except on the authority of a special resolution passed by a company, the registered office of the company shall not be changed,-- (a) in the case of an existing company, outside the local limits of any city, town or village where such office is situated at the commencement of this Act or where it may be situated later by virtue of a special resolution passed by the company; and (b) in the case of any other company, outside the local limits of any city, town or village where such office is first situated or where it may be situated later by virtue of a special resolution passed by the company: Provided that no company shall change the place of its registered office from the jurisdiction of one Registrar to the jurisdiction of another Registrar within the same State unless such change is confirmed by the Regional Director on an application made in this behalf by the company in the prescribed manner. (6) The confirmation referred to in sub-section (5) shall be communicated within a period of thirty days from the date of receipt of application by the Regional Director to the company and the company shall file the confirmation with the Registrar within a period of sixty days of the date of confirmation who shall register the same and certify the registration within a period of thirty days from the date of filing of such confirmation. (7) The certificate referred to in sub-section (6) shall be conclusive evidence that all the requirements of this Act with respect to change of registered office in pursuance of sub-section (5) have been complied with and the change shall take effect from the date of the certificate. (8) If any default is made in complying with the requirements of this section, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees. 4[(9) If the Registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under Chapter XVIII.]
1. Subs. by Act 1 of 2018, s. 6, for on and from the fifteenth day of its incorporation (w.e.f. 27-7-2018).
2. Subs. by Act 21 of 2015, s. 5, for clause (b) (w.e.f. 29-5-2015). 3. Subs. by Act 1 of 2018, s. 6, for within fifteen days (w.e.f. 27-7-2018). 4. Ins. by Act 22 of 2019, s. 4 (w.e.f. 2-11-2018). (1) A company shall, on
being so requested by a member, send to him within seven days of the request and subject to the payment of such fees as may be prescribed, a copy of each of the following documents, namely:--
(a) the memorandum; (b) the articles; and (c) every agreement and every resolution referred to in sub-section (1) of section 117, if and in so far as they have not been embodied in the memorandum or articles. (2) If a company makes any default in complying with the provisions of this section, the company and every officer of the company who is in default shall be liable for each default, to a penalty of one thousand rupees for each day during which such default continues or one lakh rupees, whichever is less. (1) A document may be served on a company or an officer thereof by sending it to the company or the officer at the registered office of the company by registered post or by speed post or by courier service or by leaving it at its registered office or by means of such electronic or other mode as may be prescribed:
Provided that where securities are held with a depository, the records of the beneficial ownership may be served by such depository on the company by means of electronic or other mode. (2) Save as provided in this Act or the rules made thereunder for filing of documents with the Registrar in electronic mode, a document may be served on Registrar or any member by sending it to him by post or by registered post or by speed post or by courier or by delivering at his office or address, or by such electronic or other mode as may be prescribed: Provided that a member may request for delivery of any document through a particular mode, for which he shall pay such fees as may be determined by the company in its annual general meeting. Explanation.-- For the purposes of this section, the term courier means a person or agency which delivers the document and provides proof of its delivery. (1) Subject to the provisions of this Act and the conditions contained in
its memorandum, if any, a company may, by a special resolution, alter its articles including alterations
having the effect of conversion of--
(a) a private company into a public company; or (b) a public company into a private company: Provided that where a company being a private company alters its articles in such a manner that they no longer include the restrictions and limitations which are required to be included in the articles of a private company under this Act, the company shall, as from the date of such alteration, cease to be a private company: 1[Provided further that any alteration having the effect of conversion of a public company into a private company shall not valid unless it its approved by an order of the Central Government on an application made in such form and manner as may be prescribed: Provided also that any application pending before the Tribunal, as on the date of commencement of the Companies (amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement.] (2) Every alteration of the articles under this section and a copy of the order of the 2[Central Government] approving the alteration as per sub-section (1) shall be filed with the Registrar, together with a printed copy of the altered articles, within a period of fifteen days in such manner as may be prescribed, who shall register the same. (3) Any alteration of the articles registered under sub-section (2) shall, subject to the provisions of this Act, be valid as if it were originally in the articles.
1. Subs. by Act 22 of 2019, s. 5, for the Proviso (w.e.f. 2-11-2018).
2. Subs. by s. 5, ibid., for "Tribunal" (w.e.f. 2-11-2018). (1) There shall be filed with the Registrar within whose jurisdiction the registered office of a company is proposed to be situated, the following documents and information for registration, namely:--
(a) the memorandum and articles of the company duly signed by all the subscribers to the memorandum in such manner as may be prescribed; (b) a declaration in the prescribed form by an advocate, a chartered accountant, cost accountant or company secretary in practice, who is engaged in the formation of the company, and by a person named in the articles as a director, manager or secretary of the company, that all the requirements of this Act and the rules made thereunder in respect of registration and matters precedent or incidental thereto have been complied with; (c) 1[a declaration] from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief; (d) the address for correspondence till its registered office is established; (e) the particulars of name, including surname or family name, residential address, nationality and such other particulars of every subscriber to the memorandum along with proof of identity, as may be prescribed, and in the case of a subscriber being a body corporate, such particulars as may be prescribed; (f) the particulars of the persons mentioned in the articles as the first directors of the company, their names, including surnames or family names, the Director Identification Number, residential address, nationality and such other particulars including proof of identity as may be prescribed; and (g) the particulars of the interests of the persons mentioned in the articles as the first directors of the company in other firms or bodies corporate along with their consent to act as directors of the company in such form and manner as may be prescribed. (2) The Registrar on the basis of documents and information filed under sub-section (1) shall register all the documents and information referred to in that subsection in the register and issue a certificate of incorporation in the prescribed form to the effect that the proposed company is incorporated under this Act. (3) On and from the date mentioned in the certificate of incorporation issued under sub-section (2), the Registrar shall allot to the company a corporate identity number, which shall be a distinct identity for the company and which shall also be included in the certificate. (4) The company shall maintain and preserve at its registered office copies of all documents and information as originally filed under sub-section (1) till its dissolution under this Act. (5) If any person furnishes any false or incorrect particulars of any information or suppresses any material information, of which he is aware in any of the documents filed with the Registrar in relation to the registration of a company, he shall be liable for action under section 447. (6) Without prejudice to the provisions of sub-section (5) where, at any time after the incorporation of a company, it is proved that the company has been got incorporated by furnishing any false or incorrect information or representation or by suppressing any material fact or information in any of the documents or declaration filed or made for incorporating such company, or by any fraudulent action, the promoters, the persons named as the first directors of the company and the persons making declaration under clause (b) of subsection (1) shall each be liable for action under section 447. (7) Without prejudice to the provisions of sub-section (6), where a company has been got incorporated by furnishing any false or incorrect information or representation or by suppressing any material fact or information in any of the documents or declaration filed or made for incorporating such-- company or by any fraudulent action, the Tribunal may, on an application made to it, on being satisfied that the situation so warrants, (a) pass such orders, as it may think fit, for regulation of the management of the company including changes, if any, in its memorandum and articles, in public interest or in the interest of the company and its members and creditors; or (b) direct that liability of the members shall be unlimited; or (c) direct removal of the name of the company from the register of companies; or (d) pass an order for the winding up of the company; or (e) pass such other orders as it may deem fit: Provided that before making any order under this sub-section,-- (i) the company shall be given a reasonable opportunity of being heard in the matter; and (ii) the Tribunal shall take into consideration the transactions entered into by the company, including the obligations, if any, contracted or payment of any liability.
1. Subs. by Act 1 of 2018, s. 5, for "an affidavit" (w.e.f. 27-7-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. [Commencement of business, etc.] Omitted by the Companies (Amendment) Act, 2015 (21 of
2015), s. 4 (w.e.f. 29-5-2015).
(1) Where it is proved to the satisfaction
of the Central Government that a person or an association of persons proposed to be registered under this
Act as a limited company--
(a) has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object; (b) intends to apply its profits, if any, or other income in promoting its objects; and (c) intends to prohibit the payment of any dividend to its members, the Central Government may, by licence issued in such manner as may be prescribed, and on such conditions as it deems fit, allow that person or association of persons to be registered as a limited company under this section without the addition to its name of the word "Limited", or as the case may be, the words "Private Limited", and thereupon the Registrar shall, on application, in the prescribed form, register such person or association of persons as a company under this section. (2) The company registered under this section shall enjoy all the privileges and be subject to all the obligations of limited companies. (3) A firm may be a member of the company registered under this section. (4) (i) A company registered under this section shall not alter the provisions of its memorandum or articles except with the previous approval of the Central Government. (ii) A company registered under this section may convert itself into company of any other kind only after complying with such conditions as may be prescribed. (5) Where it is proved to the satisfaction of the Central Government that a limited company registered under this Act or under any previous company law has been formed with any of the objects specified in clause (a) of sub-section (1) and with the restrictions and prohibitions as mentioned respectively in clauses (b) and (c) of that sub-section, it may, by licence, allow the company to be registered under this section subject to such conditions as the Central Government deems fit and to change its name by omitting the word "Limited", or as the case may be, the words "Private Limited" from its name and thereupon the Registrar shall, on application, in the prescribed form, register such company under this section and all the provisions of this section shall apply to that company. (6) The Central Government may, by order, revoke the licence granted to a company registered under this section if the company contravenes any of the requirements of this section or any of the conditions subject to which a licence is issued or the affairs of the company are conducted fraudulently or in a manner violative of the objects of the company or prejudicial to public interest, and without prejudice to any other action against the company under this Act, direct the company to convert its status and change its name to add the word" Limited" or the words "Private Limited", as the case may be, to its name and thereupon the Registrar shall, without prejudice to any action that may be taken under sub-section (7), on application, in the prescribed form, register the company accordingly: Provided that no such order shall be made unless the company is given a reasonable opportunity of being heard: Provided further that a copy of every such order shall be given to the Registrar. (7) Where a licence is revoked under sub-section (6), the Central Government may, by order, if it is satisfied that it is essential in the public interest, direct that the company be wound up under this Act or amalgamated with another company registered under this section: Provided that no such order shall be made unless the company is given a reasonable opportunity of being heard. (8) Where a licence is revoked under sub-section (6) and where the Central Government is satisfied that it is essential in the public interest that the company registered under this section should be amalgamated with another company registered under this section and having similar objects, then, notwithstanding anything to the contrary contained in this Act, the Central Government may, by order, provide for such amalgamation to form a single company with such constitution, properties, powers, rights, interest, authorities and privileges and with such liabilities, duties and obligations as may be specified in the order. (9) If on the winding up or dissolution of a company registered under this section, there remains, after the satisfaction of its debts and liabilities, any asset, they may be transferred to another company registered under this section and having similar objects, subject to such conditions as the Tribunal may impose, or may be sold and proceeds thereof credited to 1 [Insolvency and Bankruptcy Fund formed under section 224 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)]. (10) A company registered under this section shall amalgamate only with another company registered under this section and having similar objects. (11) If a company makes any default in complying with any of the requirements laid down in this section, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine which shall not be less than ten lakh rupees but which may extend to one crore rupees and the directors and every officer of the company who is in default shall be punishable 2*** with fine which shall not be less than twenty-five thousand rupees but which may extend to 3 [twenty-five lakh rupees]: Provided that when it is proved that the affairs of the company were conducted fraudulently, every officer in default shall be liable for action under section 447.
1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for "the Rehabilitation and Insolvency Fund formed under section
269" (w.e.f. 15-11-2016).
2. The words "with imprisonment for a term which may extend to three years or" omitted by Act 29 of 2020, s. 3 (w.e.f. 21-12- 2020). 3. Subs. by Act 29 of 2020, s. 3, for "twenty-five lakh rupees, or with both" (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s) (1) Save as
otherwise provided elsewhere in this Act, any person may--
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed: Provided that the rights conferred by this sub-section shall be exercisable-- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government. (2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal. (3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-- (a) the number of members of the Board under sub-section (3) of section 3; (b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3; (c) the powers and duties of the Chairman under sub-section (6) of section 3; (d) the powers and functions of the Vice-Chairman under sub-section (7) of section 3; (e) the constitution of committees under section 5; (f) the terms and conditions for giving licences to manufacturers of spices for export under clause (viii) of sub-section (1) of section 7; (g) the form and manner in which and the time at which the registered owner may furnish returns to the Board under section 10; (h) the form of the application and the fees under sub-section (1) of section 12; (i) the period of limitation for appeal under sub-section (1) of section 14; (j) the form of appeal and the fees payable under sub-section (3) of section 14; (k) the procedure for disposal of appeal under sub-section (4) of section 14; (l) the form in which, and the time at which, the Board shall prepare its budget under section 22 and its annual report under section 23; (m) the manner in which the accounts of the Board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the Central Government under section 24; 1[(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A; (mb) the form and manner of preferring appeal under sub-section (2) of section 30A;] (n) the conditions and the restrictions with respect to the exercise of the power to enter under section 37; (o) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 09-08-2024)
| ||||||||||||||||
Related Section(s)(1) A public company may issue securities--
(a) to public through prospectus (herein referred to as “public offer”) by complying with the provisions of this Part; or (b) through private placement by complying with the provisions of Part II of this Chapter; or (c) through a rights issue or a bonus issue in accordance with the provisions of this Act and in case of a listed company or a company which intends to get its securities listed also with the provisions of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and the rules and regulations made thereunder. (2) A private company may issue securities-- (a) by way of rights issue or bonus issue in accordance with the provisions of this Act; or (b) through private placement by complying with the provisions of Part II of this Chapter. 1[(3) Such class of public companies may issue such class of securities for the purposes of listing on permitted stock exchanges in permissible foreign jurisdictions or such other jurisdictions, as may be prescribed. (4) The Central Government may, by notification, exempt any class or classes of public companies referred to in sub-section (3) from any of the provisions of this Chapter, Chapter IV, section 89, section 90 or section 127 and a copy of every such notification shall, as soon as may be after it is issued, be laid before both Houses of Parliament.] Explanation.--For the purposes of this Chapter, “public offer” includes initial public offer or further public offer of securities to the public by a company, or an offer for sale of securities to the public by an existing shareholder, through issue of a prospectus.
1. Ins. by Act 29 of 2020, s. 5, (w.e.f. 30-10-2023).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the term of office of the Chairperson and the manner of filling the post under sub-section (6) of section 3; (ii) the salary and allowances of the Chairperson and his conditions of service in respect of leave, pension, provident fund and other matters and the allowances for non-official members for attending the meeting under sub-section (8) of section 3; (iii) the time and place of meetings of the Authority and the rules of procedure in regard to the transaction of business at its meetings [including the quorum at its meetings and the transaction of business of its Standing Committee appointed under sub-section (7) of section 3] under sub-section (1) of section 4; (iv) the control and restriction regarding appointment of the officers and other employees of the Authority and the method of such appointment, salary and allowances and other conditions of service under section 6; (v) the powers and duties of the Chairperson under section 7; (vi) the terms and conditions subject to which and the manner in which the measures referred to in sub-section (1) of section 8 may provide for the registration of new extant varieties under clause (a) of sub-section (2) of that section; (vii) the manner for arranging production and sale of the seed under clause (e) of sub-section (2) of section 8; (viii) the orders by the Authority or the Registrar as to costs under clause (b) of section 11; (ix) the salary and allowances of Registrar-General of Plant Varieties and the conditions of service in respect of his leave, pension, provident fund and other matters under sub-section (3) of section 12; (x) the matters to be included in the National Register of Plant Varieties under sub-section (1) of section 13; (xi) the manner of authorising a person under clause (e) of sub-section (1) of section 16; (xii) the fees under clause (g) and the other particulars under clause (i) which shall accompany the application under sub-section (1) of section 18; (xiii) the form of application under the proviso to sub-section (1) of section 18; (xiv) the period within which after making application a proof of the right to make the application is to be furnished under sub-section (3) of section 18; (xv) the fees to be deposited by the applicant under sub-section (2) of section 19; (xvi) the manner and method of conducting the tests under sub-section (3) of section 19; (xvii) the manner of advertising application, conditions or limitations and specifications of variety for registration including its photographs or drawings under sub-section (1) of section 21; (xviii) the manner of giving notice and the fees payable therefor under sub-section (2) of section 21; (xix) the manner of sending counter-statement under sub-section (4) of section 21; (xx) the manner of submitting evidence and the time within which such evidence may be submitted under sub-section (6) of section 21; (xxi) the documents and fees under sub-section (1) and the tests to be conducted and the procedure to be followed under sub-section (3) of section 23; (xxii) the form of a certificate of registration and the other authority to which a copy thereof shall be sent under sub-section (8) of section 23; (xxiii) the form of a certificate of registration and the other authority to which a copy thereof and the maximum time for issuing the certificate of registration under sub-section (2) of section 24; (xxiv) the manner of giving notice to the applicant under sub-section (3) of section 24; (xxv) the fees for review and renewal under sub-section (6) of section 24; (xxvi) the contents of the certificate and the manner of publishing such contents and inviting claim of benefits sharing under sub-section (1) of section 26; (xxvii) the form for submitting claims of benefit sharing and the fees to be accompanied therewith under sub-section (2) of section 26; (xxviii) the manner in which and the time within which opposition to claims shall be submitted under sub-section (3) of section 26; (xxix) the manner of making reference under sub-section (7) of section 26; (xxx) the manner of making an application for registration for title and the fees to be accompanied therewith under sub-section (4) of section 28; (xxxi) the manner of referring the disputes regarding registration of entitlement under the proviso to sub-section (4) of section 28; (xxxii) the manner to enter into a certificate the brief conditions of entitlement under sub-section (5) of section 28; (xxxiii) the manner of making an application for varying the terms of registration under clause (a) of sub-section (9) of section 28; (xxxiv) the manner of making an application by the registered breeder and certain other for cancellation of terms of registration under clause (b) of sub-section (9) of section 28; (xxxv) the manner of application by any person other than the breeder, his successor, the registered agent or the registered licensee for cancellation of terms of registration under clause (c) of sub-section (9) of section 28; (xxxvi) the manner of application for cancellation of the terms of registration under clause (d) of sub-section (9) of section 28; (xxxvii) the manner of application for cancellation of the terms of registration under clause (e) of sub-section (9) of section 28; (xxxviii) the manner of issuing notice to the registered breeder of a variety or his successor or to each registered agent or registered licensee (not being the applicant) under sub-section (10) of section 28; (xxxix) the manner of giving notice to the registrar under sub-section (1) of section 33; (xl) the manner of notifying to the registered agent or registered licensee under sub-section (2) of section 33; (xli) the period within which the notice of opposition under sub-section (3) of section 33 may be given; (xlii) the manner of making application under section 34; (xliii) the manner of depositing fees under sub-section (2) of section 35; (xliv) the manner of making application under sub-section (1) of section 36; (xlv) the manner of applying to the Registrar under sub-section (2) of section 36; (xlvi) the manner of giving notice under sub-section (4) of section 36; (xlvii) the manner of application under sub-section (1) of section 37; (xlviii) the manner of making application under sub-section (2) of section 37; (xlix) the manner to apply to the Registrar under sub-section (1) of section 38; (l) the manner of advertising application and to give notice to the Registrar, and the time from the date of the advertisement within which a person may give such notice under sub-section (2) of section 38; (li) the manner of advertising the denomination of the variety under sub-section (3) of section 38; (lii) the manner of recognition and reward from Gene Fund under clause (iii) of sub-section (1) of section 39; (liii) the manner of claiming compensation and filing of opposition under sub-section (2) of section 39; (liv) the manner of issuing notice and filing objection under sub-section (3) of section 41; (lv) the manner of receiving benefit sharing under clause (a) of sub-section (1) of section 45; (lvi) the manner of applying Gene Fund under sub-section (2) of section 45; (lvii) the particulars to be contained in the application under sub-section (2) of section 47; (lviii) the authority and the manner in which such authority shall make available to the compulsory licensee the reproduction material of the variety under section 50; (lix) the form for making application under sub-section (1) of section 52; (lx) the period within which an appeal shall be preferred under sub-section (1) of section 56; (lxi) the form of petition and the particulars which such petition shall contain under sub-section (2) of section 56; (lxii ) the form for preparing annual statement of accounts under sub-section (1) of section 62; (lxiii) the financial and administrative powers which the Chairperson shall exercise under section 63; (lxiv) the manner of using the denomination of a variety under sub-section (1) of section 68; (lxv) the manner of authorising registered agent or registered licensee under section 81; (lxvi) the manner of issuing certified copy of content of Register or any other document under section 83; (lxvii) the fees payable for obtaining a certified copy of, or to inspect, any entry in the Register or any other document under section 84; (lxviii) any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act. | ||||||||||||||||
Related Section(s)The provisions of this Act shall be in addition to
and not in derogation of the provisions of the Passport (Entry into India) Act, 1920 (34 of 1920), 14
[the
Emigration Act, 1983 (31 of 1983)] the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners
Act, 1946 (31 of 1946), Trading with the Enemy (Continuance of Emergency Provisions)
(16 of 1947), the Foreigners Law (Application and Amendment) Act, 1962 (42 of 1962), 15
the Foreign
Exchange Regulation Act, 1973 (46 of 1973) and other enactments relating to foreigners and foreign
exchange.
1 Subs. by Act 35 of 1993, s. 9, for "the Emigration Act, 1922 (7 of 1922)" (w.e.f. 1-7-1993).
2 Ins. by Act 31 of 1978, s. 5, ibid. (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the annual targets to be specified under sub-section (2) of section 4; (b) the fiscal indicators to be prescribed for the purpose of sub-section (2) of section 3; 1[(ba) the expenditure indicators with specifications of underlying assumptions and risk involved under clause (a) of sub-section (6A) of section 3;] (c) the forms of the Medium-term Fiscal Policy Statement, 2[Fiscal Policy Strategy Statement, Medium-term Expenditure Framework Statement] and Macro-economic Frame Work Statement referred to in sub-section (7) of section 3; 3* * * * * (d) the disclosures and form in which such disclosures shall be made under sub-section (2) of section 6; 4[(da) the level of short fall in revenue or excess of expenditure under sub-section (2) of section 7;] (e) any other matter which is required to be, or may be, prescribed.
1. Ins. by s. 150, ibid. (w. e. f. 28-5-2012).
2. Subs. by s. 150, ibid., for Fiscal Policy Strategy Statement (w.e.f. 28-5-2012). 3. Clause (ca) omitted by Act of 13 of 2018, s. 216 (w.e.f. 31-3-2018). 4. Ins. by s. 216, ibid. (w.e.f. 31-3-2018). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the eligibility criteria for different categories of cable operators under sub-section (2) of section 4;] 2[(aa) the form of application, documents to be accompanied and the fees payable under sub-section (4) of section 4;] 3[(aaa) the terms and conditions of registration under sub-section (6) of section4;] 4[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of the notification under sub-section (1) of that section;] (b) the programme code under section 5; (c) the advertisement code under section 6; (d) the form of register to be maintained by a cable operator under section 7; 4[(da) the specifications of interference standards for interfering with any telecommunication system under section 10;] 5[(db) the designated officer under sub-section (1) of section 16;] (e) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 12, ibid., for clause (a) (w.e.f. 25-10-2011).
2. Subs. by s. 12, ibid., for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by s. 12, ibid., for clause (aaa) (w.e.f. 25-10-2011). 4. Ins. by s. 12, ibid. (w.e.f. 25-10-2011). 5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 3-10-2023). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)In this Act, unless the context otherwise requires,--
1[(a) "Administrative Member" means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);] 2[(aa)] "Administrative Tribunal", in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or States; (b) "application" means an application made under section 19; (c) "appointed day", in relation to a Tribunal, means the date with effect from which it is established, by notification, under section 4; (d) "appropriate Government" means,-- (i) in relation to the Central Administrative Tribunal or a Joint Administrative Tribunal, the Central Government; (ii) in relation to a State Administrative Tribunal, the State Government; (e) "Bench" means a Bench of a Tribunal; (f) "Central Administrative Tribunal" means the Administrative Tribunal established under sub-section (1) of section 4; (g) "Chairman" means the Chairman of a Tribunal; (h) "Joint Administrative Tribunal" means an Administrative Tribunal for two or more States established under sub-section (3) of section 4; 3[(i) "Judicial Member" means a Member of a Tribunal appointed as such under this Act, and includes 4[the Chairman] who possesses any of the qualifications specified in sub-section (3) of section 6; (ia) "Member" means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman 5***;] (j) "notification" means a notification published in the Official Gazette; (k) "post" means a post within or outside India; (l) "prescribed" means prescribed by rules made under this Act; (m) "President" means the President of India; 6* * * * * (o) "rules" means rules made under this Act; (p) "service" means service within or outside India; (q) "service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation 7[or society] owned or controlled by the Government, as respects-- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever; (r) "service rules as to redressal of grievances", in relation to any matter, means the rules, regulations, orders or other instruments or arrangements as in force for the time being with respect to redressal, otherwise than under this Act, of any grievances in relation to such matters; 8[(rr) "society" means a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State;] (s) "Supreme Court" means the Supreme Court of India; (t) "Tribunal" means the Central Administrative Tribunal or a State Administrative Tribunal or a Joint Administrative Tribunal; 9[(u) "Vice-Chairman" means a Member who has been authorised by the appropriate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up. Explanation.--In the case of a Tribunal having two or more Vice-Chairmen, references to the Vice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairmen.
1. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986)
2. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 22-1-1986). 3. Subs. by Act 19 of 1986, s. 4, for clause (i) (w.e.f. 22-1-1986) 4. Subs. by Act 1 of 2007, s. 2, for "the Chairman or a Vice-Chairman" (w.e.f. 19-2-2007). 5. The words "and a Vice-Chairman" omitted by s. 2, ibid. (w.e.f. 19-2-2007). 6. Clause (n) omitted by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 7. Ins. by s. 4, ibid. (w.e.f. 22-1-1986). 8. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 9. Subs. by Act 1 of 2007, s. 2, for clause (u) (w.e.f. 19-2-2007). (1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). The provisions of this Act shall not apply to--
(a) any member of the naval, military or air forces or of any other armed forces of the Union; 1* * * * * (c) any officer or servant of the Supreme Court or of any High Court 2[or courts subordinate thereto]; (d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union territory having a Legislature, of that Legislature.
1. Clause (b) omitted by Act 19 of 1986, s. 3 (w.e.f. 1-11-1985).
2. Ins. by Act 51 of 1987, s. 2 (w.e.f.22-12-1987). (1) The Central Government shall, by notification,
establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, to exercise the
jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the.......(name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act. (3) Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act. (4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the 1[Chairman and other Members] of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. 2[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,-- (a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act. (6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.]
1. Subs. by s. 3, ibid., for "Chairman, Vice-Chairman and other Members" (w.e.f. 19-2-2007).
2. Ins. by Act 19 of 1986, s. 5 (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)(1) A company may be formed for any lawful purpose by--
(a) seven or more persons, where the company to be formed is to be a public company; (b) two or more persons, where the company to be formed is to be a private company; or (c) one person, where the company to be formed is to be One Person Company that is to say, a private company, by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration: Provided that the memorandum of One Person Company shall indicate the name of the other person,with his prior written consent in the prescribed form, who shall, in the event of the subscribers death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles: Provided further that such other person may withdraw his consent in such manner as may be prescribed: Provided also that the member of One Person Company may at any time change the name of such other person by giving notice in such manner as may be prescribed: Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed: Provided also that any such change in the name of the person shall not be deemed to be an alteration of the memorandum. (2) A company formed under sub-section (1) may be either-- (a) a company limited by shares; or (b) a company limited by guarantee; or (c) an unlimited company. If any default is
made in holding a meeting of the company in accordance with section 96 or section 97 or section 98 or in
complying with any directions of the Tribunal, the company and every officer of the company who is in
default shall be punishable with fine which may extend to one lakh rupees and in the case of a continuing
default, with a further fine which may extend to five thousand rupees for every day during which such
default continues.
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salary and allowances payable to and the other conditions of service of the Chairperson and whole-time members under sub-section (3) of section 5; (b) the allowances payable to part-time members under sub-section (4) of section 5; (c) the additional functions which may be performed by the Authority under clause (p) of sub-section (2) of section 14; (d) any other matter in respect of which the Authority may exercise the powers of a civil court under clause (v) of sub-section (3) of section 14; (e) the procedure to be followed by the authorised officer under sub-section (10) of section 17; (f) the form and manner in which an appeal may be filed before the Securities Appellate Tribunal and the fee which shall accompany such appeal, under sub-section (2) of section 36; (g) the procedure to be followed by the Securities Appellate Tribunal in dealing with an appeal, under sub-section (6) of section 36; (h) the form in which annual statement of accounts shall be maintained by the Authority under sub-section (1) of section 42; (i) the time within which and the form and manner in which returns and reports are to be made by the Authority to the Central Government under sub-section (1) of section 46; (j) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (1) The Tribunal shall consist of--
(a) a full time Chairperson; (b) not less than ten but subject to maximum of twenty full time Judicial Members as the Central Government may, from time to time, notify; (c) not less than ten but subject to maximum of twenty full time Expert Members, as the Central Government may, from time to time, notify. (2) The Chairperson of the Tribunal may, if considered necessary, invite any one or more person having specialised knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case. (3) The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal, and the territorial jurisdiction falling under each such place of sitting. (4) The Central Government may, in consultation with the Chairperson of the Tribunal, make rules regulating generally the practices and procedure of the Tribunal including-- (a) the rules as to the persons who shall be entitled to appear before the Tribunal; (b) the rules as to the procedure for hearing applications and appeals and other matters [including the circuit procedure for hearing at a place other than the ordinary place of its sitting falling within the jurisdiction referred to in sub-section (3)], pertaining to the applications and appeals; (c) the minimum number of Members who shall hear the applications and appeals in respect of any class or classes of applications and appeals: Provided that the number of Expert Members shall, in hearing an application or appeal, be equal to the number of Judicial Members hearing such application or appeal; (d) rules relating to transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The Central Government shall, by notification,
establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, to exercise the
jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the.......(name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act. (3) Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act. (4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the 1[Chairman and other Members] of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. 2[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,-- (a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act. (6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.]
1. Subs. by s. 3, ibid., for "Chairman, Vice-Chairman and other Members" (w.e.f. 19-2-2007).
2. Ins. by Act 19 of 1986, s. 5 (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)The Digital Bharat Nidhi shall be administered in a
manner, as may be prescribed.
(1) The Central Government may, by
notification, and subject to the condition of previous publication, make rules not inconsistent with the
provisions of this Act, to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the terms and conditions, including fees or charges for obtaining authorisation under sub-section (1) of section 3; (b) the manner of exemption for providing authorisation under sub-section (3) of section 3; (c) the terms and conditions, including fees and charges, applicable to the original authorised entity that emerges pursuant to any merger, demerger, acquisition, or other forms of restructuring, under sub-section (5) of section 3; (d) the terms and conditions for migration under sub-section (6) of section 3; (e) the verifiable biometric based identification to be used by an authorised entity of telecommunication services under sub-section (7) of section 3; (f) the terms and conditions, including fees or charges for allotment of telecommunication identifiers for use by authorised entities under sub-section (8) of section 3; (g) the terms and conditions for the assignment of spectrum, including the frequency range, methodology for pricing, price, fees and charges, payment mechanism, duration and procedure under sub-section (3) of section 4; (h) the manner of exemptions for assignment of spectrum under sub-section (7) of section 4; (i) the terms and conditions for re-farming and harmonisation under section 5; (j) the terms and conditions, including applicable fees and charges, and any other relevant condition subject to which the utilisation of the spectrum in a flexible, liberalised and technologically neutral manner under section 6; (k) the terms and conditions for optimal utilisation of spectrum under sub-section (1) of section 7; (l) the period of unutilised spectrum for insufficient reasons and further terms and conditions relating to spectrum utilisation under sub-section (2) of section 7; (m) the terms and conditions, including applicable fees or charges for sharing, trading, leasing and surrender of assigned spectrum, under sub-section (2) of section 8; (n) ) the timeline for granting permission for right of way for telecommunication network in public property; and the amount for administrative expenses and compensation for right of way under sub-section (3) of section 11; (o) the procedure to be followed by a facility provider to enter, survey, establish, operate, maintain, repair, replace or relocate the telecommunication network, including the notice period, the manner of issuance of notice, the framework governing objections by owner or occupier of the property, the manner in which such objections would be resolved, and matters relating to the compensation payable for any damage under sub-section (5) of section 12; (p) the terms and conditions, including charges for right of way, and compensation for damage to the property, under sub-section (6) of section 12; (q) the terms and conditions, including fees and charges subject to which the telecommunication network to be made available on open access basis to facility providers under sub-section (2) of section 15; (r) the procedure and manner for giving prior notice under sub-section (1) of section 17; (s) the timeline for responding the notice with details of telecommunication network and precautionary measures to be undertaken by the facility provider under sub-section (2) of section 17; (t) the procedure and safeguards for public emergency or public safety under sub-section (2) of section 20; (u) the duration and manner of taking action for public emergency or public safety under sub-section (4) of section 20; (v) the measures to protect and ensure cyber security of, telecommunication networks and telecommunication services under sub-section (1) of section 22; (w) the standards, security practices, upgradation requirements and procedures to be implemented for the Critical Telecommunication Infrastructure under sub-section (4) of section 22; (x) the manner for administration of Digital Bharat Nidhi under section 26; (y) the manner and duration for creating Regulatory Sandbox under section 27; (z) the measures for protection of users under sub-section (2) of section 28; (za) the manner for registration of any grievance and redressal of such grievances pertaining to the telecommunication service under sub-section (3) of section 28; (zb) the terms and conditions for participating in the dispute resolution mechanism under sub-section (2) of section 30; (zc) the form, manner and fees to be accompanied with the complaint under sub-section (1) of section 33; (zd) the manner for holding inquiry by the Adjudicating Officer under sub-section (1) of section 35; (ze) the form, manner and fees for filing an appeal before the Designated Appeals Committee under sub-section (2) of section 36; (zf) the techno-legal measures for functioning of the Adjudicating Officer and the Designated Appeals Committee under sub-section (1) of section 37; (zg) the terms and conditions of security interest under section 45; (zh) the terms and conditions, including applicable fees and charges for granting certificates under section 46; (zi) the manner of certification, qualification, and terms and conditions, including fees and charges for the examination for amateur station operator under section 47; (zj) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules. (3) Every rule made under this Act and amendment to the Schedule made under section 57 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 rule or amendment to the Schedule or both Houses agree that the rule or amendment to the Schedule should not be made, the rule or amendment to the Schedule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or amendment to the Schedule. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Press Council Act, 1978.
(2) It extends to the whole of India. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
and subject to the condition of previous publication, make rules for carrying out the provisions of this
Act.
(2) In particular, and without prejudice the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner of allocation of Schedule I coal mines by way of public auction and details of fees under sub-section (1) of section 4; (b) the terms and conditions for granting reconnaissance permit, 1[prospecting licence, mining lease or prospecting licence-cum-mining lease] and the manner and conditions of competitive bidding under sub-section (2) of section 4; (c) norms to become eligible to bid in an auction and the amount of investment in respect of a company having a coal linkage under sub-section (3) of section 4; (d) the period within which the payment of additional levy by the prior allottee under sub-section (4) of section 4; (e) the allotment order to make allocations to a Government company or corporation under sub-section (1) of section 5; (f) the powers of the nominated authority under sub-section (1) of section 6; (g) the manner of auction or allotment of Schedule I coal mines and execution of the vesting or allotment orders under sub-section (4) of section 6; (h) the salaries and allowances and other terms and conditions of service of the nominated authority and other officers and staff under sub-section (6) of section 6; (i) the manner of notifying the particulars of Schedule I coal mines to be auctioned and furnishing of required information by the prior allottees under sub-section (1) of section 8; (j) the manner of conducting auction and drawing of a vesting order under sub-section (3) of section 8; (k) determination of floor price by the nominated authority under sub-section (5) of section 8; (l) the form and manner of furnishing of bank guarantee and the time within which such furnishing of bank guarantee under sub-section (6) of section 8; 2[(la) the manner of termination of vesting order or allotment order under sub-section (13) of section 8;] (m) the manner of disbursement of priority payments under section 9; (n) the manner of establishing title of movable property by the prior allottee or third party who has a contract with the prior allottee for the movable property under the first proviso to sub-section (5) of section 10; (o) the manner of receiving compensation from the sale proceeds of the movable property under the second proviso to sub-section (5) of section 10; (p) the manner in which the secured creditor paid out of the compensation in respect of any prior allottee under sub-section (2) of section 12; (q) the manner of collection of additional levy by the Central Government from the prior allottees of Schedule II coal mines under sub-section (5) of section 14; (r) the salaries and allowances and other terms and conditions of service of the Commissioner of payments and other officers and staff under sub-section (4) of section 15; (s) the manner of determination of compensation payable to prior allottee and the lodging of registered sale deeds with the nominated authority under sub-section (1) of section 16; (t) the method of determination of compensation for mine infrastructure in relation to Schedule I and its reflection in the statutorily audited balance sheet under sub-section (2) of section 16; (u) the manner of transfer of the management and operation of any Schedule II coal mines by the designated custodian under sub-section (6) of section 19; (v) the manner of exercising and discharging the rights, liabilities and obligations by the designated custodian under sub-section (7) of section 19; (w) the manner of providing agreements or arrangements for optimum utilisation of coal mine for specified end-uses under sub-section (1) of section 20; (x) the manner of usage of coal mine by a successful bidder or allottee for any of its plants under sub-section (2) of section 20; (y) any other matter which is required to be, or may be, prescribed. (3) Every rule made and every notification issued by the Central Government, 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 rule or notification, or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification.
1. Subs. by Act of 2 of 2020, s. 16, for “prospecting licence or mining lease” (w.e.f. 10-1-2020).
2. Ins. by Act 2 of 2020, s. 16 (w.e.f. 10-1-2020). (1) Notwithstanding the
provisions contained in 1[sub-sections (1) and (2)] of section 4, the Central Government may allot a
Schedule I coal mine to a Government company or corporation or to a joint venture between two or more
Government companies or corporations or to a company which has been awarded a power project on the
basis of competitive bids for tariff (including Ultra Mega Power Projects) from specified Schedule I coal
mines by making an allotment order in accordance with such rules as may be prescribed and the State
Government shall grant a reconnaissance permit, prospecting licence 2[mining lease or prospecting
licence-cum-mining lease in respect of such Schedule I coal mine] to such company or corporation:
Provided that the Government company or corporation may carry on Coal Mining in any form either for its own consumption, sale or for any other purpose 3[as may be determined by the Central Government]: Provided further that no company other than a Government company or corporation shall hold more than twenty-six per cent. of the paid-up share capital in the Government company or corporation or in the joint venture between a Government company or corporation, either directly or through any of its subsidiary company or associate company: Provided also that a joint venture of any two or more Government companies or corporations shall be prohibited from alienating or transferring any interest, except the taking of loans or advances from a bank or financial institution, in the joint venture of whatsoever nature including ownership in favour of a third party. (2) No allotment under sub-section (1) shall be made to a prior allottee, if that allottee has not made the payment of the additional levy within the specified period.
1. Subs. by Act 2 of 2020, s. 11, for “sub-sections (1) and (3)” (w.e.f. 10-1-2020).
2. Subs. by s. 11, ibid., for “or mining lease in respect of any are containing coal” (w.e.f. 10-1-2020).
3. Subs. by s. 11,ibid., for “in accordance with the permit, prospecting licence or mining lease, as the case may be” (w.e.f.
10-1-2020).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the annual targets to be specified under sub-section (2) of section 4; (b) the fiscal indicators to be prescribed for the purpose of sub-section (2) of section 3; 1[(ba) the expenditure indicators with specifications of underlying assumptions and risk involved under clause (a) of sub-section (6A) of section 3;] (c) the forms of the Medium-term Fiscal Policy Statement, 2[Fiscal Policy Strategy Statement, Medium-term Expenditure Framework Statement] and Macro-economic Frame Work Statement referred to in sub-section (7) of section 3; 3* * * * * (d) the disclosures and form in which such disclosures shall be made under sub-section (2) of section 6; 4[(da) the level of short fall in revenue or excess of expenditure under sub-section (2) of section 7;] (e) any other matter which is required to be, or may be, prescribed.
1. Ins. by s. 150, ibid. (w. e. f. 28-5-2012).
2. Subs. by s. 150, ibid., for Fiscal Policy Strategy Statement (w.e.f. 28-5-2012). 3. Clause (ca) omitted by Act of 13 of 2018, s. 216 (w.e.f. 31-3-2018). 4. Ins. by s. 216, ibid. (w.e.f. 31-3-2018). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served; (b) the holding of inquiries under this Act; (c) the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer; (d) the procedure to be followed in taking possession of public premises; (e) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages; 1 [(ee) the manner in which the sealing of any erection or work or of any public premises shall be made under sub-section (1) of section 5C;] 2 [(ea) the rate at which interest shall be payable on arrears of rent specified in any order made under sub-section (1) of section 7, or damages assessed under sub-section (2) of that section;] (f) the manner in which appeals may be preferred and the procedure to be followed in appeals; (g) any other matter which has to be or may be prescribed. (3) Every rule made under this section 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 3 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 35 of 1984, s. 10 (w.e.f. 13-11-1984).
2. Ins. by Act 61 of 1980, s. 13 (w.e.f. 20-12-1980). 3. Subs. by s. 13, ibid., for certain words (w.e.f. 20-12-1980). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)1[29A. 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 nomination 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 (3) of section 10B; 1[(c) t 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 Committee under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21B;] (e) the allowances and terms and conditions of service of the Chairperson and members of the Authority and the manner of meeting expenditure by the Council under section 22C; (f) the procedure to be followed by the Board in its meetings under section 28C; and (g) the terms and conditions of service of the Chairperson and members of the Board under subsection (1) of section 28D.]
1. Ins. by Act 9 of 2006, s. 25 (w.e.f. 8-8-2006).
2. Subs. by Act 12 of 2022, s. 34, for clauses (c) and (d) (w.e.f. 10-5-2022). 1[28D. Terms and conditions of services of Chairperson and members of Board and its
expenditure.--(1) The terms and conditions of service of the Chairperson and the members of the Board,
and their allowances shall be such as may be specified.
(2) The expenditure of the Board shall be borne by the Council.]
1. Ins. by Act 9 of 2006, s. 24 (w.e.f. 17-11-2006).
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Related Section(s)(1) The Central Government may, by notification in the
Official Gazette, frame a scheme to be called the Public Provident Fund Scheme for the establishment of
a provident fund for the general public and there shall be established, as soon as may be after the framing
of the Scheme, a Fund in accordance with the provisions of this Act and the Scheme.
(2) Subject to the provisions of this Act, the Scheme may provide for all or any of the matters specified in the Schedule. (3) The Scheme shall have effect notwithstanding anything contained in any law for the time being in force other than this Act or in any instrument having effect by virtue of any law other than this Act. (4) The Central Government may, from time to time, by notification in the Official Gazette, add to, amend or vary the Scheme. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the form and time for preparing and sending annual report under section 12; (b) the terms and conditions of the Fare Fixation Committee under section 35; (c) the procedure to be followed by the Fare Fixation Committee under section 35; (d) the extent of compensation payable under section 57; (e) the powers, duties and functions of the security staff of the Government metro railway under section 97; and (f) without prejudice to any power to make rules contained elsewhere in this Act, generally to carry out the purposes of this Act. (1) The Central Government may,
by notification, make rules to carry out the provisions of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the duties of a metro railway administration and the Commissioner in regard to the opening of a metro railway for the public carriage of passengers; (b) the arrangements to be made for and the formalities to be complied with before opening a metro railway for the public carriage of passengers; (c) for regulating the mode in which, and the speed at which rolling stock used on metro railway is to be moved or propelled; and (d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with. | ||||||||||||||||
Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification and in the Electronic Gazette as defined in clause (s) of section 2 of the Information
Technology Act, 2000 (21 of 2000), make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (t) of section 2;] 2[(aa)] the form and manner in which an application may be filed under sub-section (10) of section 13; (b) the manner in which the rights of a secured creditor may be exercised by one or more of his officers under sub-section (12) of section 13; 3[(ba) the fee for making an application to the Debts Recovery Tribunal under sub-section (1) of section 17; (bb) the form of making an application to the Appellate Tribunal under sub-section (6) of section 17; (bc) the fee for preferring an appeal to the Appellate Tribunal under sub-section (1) of section 18;] 1[(bca) the manner of integration of records of various registration systems with the records of Central Registry under sub-section (1) of section 20A; (bcb) the terms and conditions of delegation of powers by the Central Government to the Reserve Bank under section 20B;] (c) the safeguards subject to which the records may be kept under sub-section (2) of section 22; (d) the manner in which the particulars of every transaction of securitisation shall be filed under section 23 and fee for filing such transaction; 1[(da) the form for registration of different types of security interests and fee thereof under sub-section (3) of section 23;] (e) the fee for inspecting the particulars of transactions kept under section 22 and entered in the Central Register under sub-section (1) of section 26; (f) the fee for inspecting the Central Register maintained in electronic form under sub-section (2) of section 26; 1[(fa) the form and the manner for filing particulars of transactions under sub-section (2) of section 26B; (fb) the form and manner of filing attachment orders with the Central Registry and the date under sub-section (4) of section 26B; (fc) the form and manner of filing particulars of attachment order with the Central Registry and the fee under sub-section (5) of section 26B;] (g) any other matter which is required to be, or may be, prescribed, in respect of which provision is to be, or may be, made by rules. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 44 of 2016, s. 25 (w.e.f. 1-9-2016).
2. Clause (a) renumbered as clause (aa) by s. 25, ibid. (w.e.f. 1-9-2016). 3. Ins. by Act 30 of 2004, s. 18 (w.e.f. 11-11-2004). (1) Notwithstanding anything contained in section 69 or
section 69A of the Transfer of Property Act, 1882 (4 of 1882), any security interest created in favour of
any secured creditor may be enforced, without the intervention of the court or tribunal, by such creditor in
accordance with the provisions of this Act.
(2) Where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any instalment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset, then, the secured creditor may require the borrower by notice in writing to discharge in full his liabilities to the secured creditor within sixty days from the date of notice failing which the secured creditor shall be entitled to exercise all or any of the rights under sub-section (4). 1[Provided that-- (i) the requirement of classification of secured debt as non-performing asset under this sub-section shall not apply to a borrower who has raised funds through issue of debt securities; and (ii) in the event of default, the debenture trustee shall be entitled to enforce security interest in the same manner as provided under this section with such modifications as may be necessary and in accordance with the terms and conditions of security documents executed in favour of the debenture trustee.] (3) The notice referred to in sub-section (2) shall give details of the amount payable by the borrower and the secured assets intended to be enforced by the secured creditor in the event of non-payment of secured debts by the borrower. 2[(3A) If, on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate 3[within fifteen days] of receipt of such representation or objection the reasons for nonacceptance of the representation or objection to the borrower: Provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the Debts Recovery Tribunal under section 17 or the Court of District Judge under section 17A.] (4) In case the borrower fails to discharge his liability in full within the period specified in sub-section (2), the secured creditor may take recourse to one or more of the following measures to recover his secured debt, namely:-- (a) take possession of the secured assets of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset; 4[(b) take over the management of the business of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset: Provided that the right to transfer by way of lease, assignment or sale shall be exercised only where the substantial part of the business of the borrower is held as security for the debt: Provided further that where the management of whole of the business or part of the business is severable, the secured creditor shall take over the management of such business of the borrower which is relatable to the security for the debt;] (c) appoint any person (hereafter referred to as the manager), to manage the secured assets the possession of which has been taken over by the secured creditor; (d) require at any time by notice in writing, any person who has acquired any of the secured assets from the borrower and from whom any money is due or may become due to the borrower, to pay the secured creditor, so much of the money as is sufficient to pay the secured debt. (5) Any payment made by any person referred to in clause (d) of sub-section (4) to the secured creditor shall give such person a valid discharge as if he has made payment to the borrower. 5[(5A) Where the sale of an immovable property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less than such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured creditor in this behalf, to bid for the immovable property on behalf of the secured creditor at any subsequent sale. (5B) Where the secured creditor, referred to in sub-section (5A), is declared to be the purchaser of the immovable property at any subsequent sale, the amount of the purchase price shall be adjusted towards the amount of the claim of the secured creditor for which the auction of enforcement of security interest is taken by the secured creditor, under sub-section (4) of section 13. (5C)The provisions of section 9 of the Banking Regulation Act, 1949 (10 of 1949) shall, as far as may be, apply to the immovable property acquired by secured creditor under sub-section (5A).] (6) Any transfer of secured asset after taking possession thereof or take over of management under sub-section (4), by the secured creditor or by the manager on behalf of the secured creditor shall vest in the transferee all rights in, or in relation to, the secured asset transferred as if the transfer had been made by the owner of such secured asset. (7) Where any action has been taken against a borrower under the provisions of sub-section (4), all costs, charges and expenses which, in the opinion of the secured creditor, have been properly incurred by him or any expenses incidental thereto, shall be recoverable from the borrower and the money which is received by the secured creditor shall, in the absence of any contract to the contrary, be held by him in trust, to be applied, firstly, in payment of such costs, charges and expenses and secondly, in discharge of the dues of the secured creditor and the residue of the money so received shall be paid to the person entitled thereto in accordance with his rights and interests. 6[(8) Where the amount of dues of the secured creditor together with all costs, charges and expenses incurred by him is tendered to the secured creditor at any time before the date of publication of notice for public auction or inviting quotations or tender from public or private treaty for transfer by way of lease, assignment or sale of the secured assets,-- (i) the secured assets shall not be transferred by way of lease assignment or sale by the secured creditor; and (ii) in case, any step has been taken by the secured creditor for transfer by way of lease or assignment or sale of the assets before tendering of such amount under this sub-section, no further step shall be taken by such secured creditor for transfer by way of lease or assignment or sale of such secured assets.] (9) 7[Subject to the provisions of the Insolvency and Bankruptcy Code, 2016, in the case of] financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any or all of the rights conferred on him under or pursuant to sub-section (4) unless exercise of such right is agreed upon by the secured creditors representing not less than 8[sixty per cent.] in value of the amount outstanding as on a record date and such action shall be binding on all the secured creditors: Provided that in the case of a company in liquidation, the amount realised from the sale of secured assets shall be distributed in accordance with the provisions of section 529A of the Companies Act, 1956 (1 of 1956): Provided further that in the case of a company being wound up on or after the commencement of this Act, the secured creditor of such company, who opts to realise his security instead of relinquishing his security and proving his debt under proviso to sub-section (1) of section 529 of the Companies Act, 1956 (1 of 1956), may retain the sale proceeds of his secured assets after depositing the workmen's dues with the liquidator in accordance with the provisions of section 529A of that Act: Provided also that liquidator referred to in the second proviso shall intimate the secured creditor the workmen's dues in accordance with the provisions of section 529A of the Companies Act, 1956 (1 of 1956) and in case such workmen's dues cannot be ascertained, the liquidator shall intimate the estimated amount of workmen's dues under that section to the secured creditor and in such case the secured creditor may retain the sale proceeds of the secured assets after depositing the amount of such estimate dues with the liquidator: Provided also that in case the secured creditor deposits the estimated amount of workmen's dues, such creditor shall be liable to pay the balance of the workmen's dues or entitled to receive the excess amount, if any, deposited by the secured creditor with the liquidator: Provided also that the secured creditor shall furnish an undertaking to the liquidator to pay the balance of the workmen's dues, if any. Explanation.--For the purposes of this sub-section,-- (a) "record date" means the date agreed upon by the secured creditors representing not less than 8[sixty per cent.] in value of the amount outstanding on such date; (b) "amount outstanding" shall include principal, interest and any other dues payable by the borrower to the secured creditor in respect of secured asset as per the books of account of the secured creditor. (10) Where dues of the secured creditor are not fully satisfied with the sale proceeds of the secured assets, the secured creditor may file an application in the form and manner as may be prescribed to the Debts Recovery Tribunal having jurisdiction or a competent court, as the case may be, for recovery of the balance amount from the borrower. (11) Without prejudice to the rights conferred on the secured creditor under or by this section, secured creditor shall be entitled to proceed against the guarantors or sell the pledged assets without first taking any of the measured specifies in clauses (a) to (d) of sub-section (4) in relation to the secured assets under this Act. (12) The rights of a secured creditor under this Act may be exercised by one or more of his officers authorised in this behalf in such manner as may be prescribed. (13) No borrower shall, after receipt of notice referred to in sub-section (2), transfer by way of sale, lease or otherwise (other than in the ordinary course of his business) any of his secured assets referred to in the notice, without prior written consent of the secured creditor. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Amendment of section 13.--In sub-section (3A), in proviso thereto, omit "or the Court of District Judge under section 17A" [Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. Ins. by Act 44 of 2016, s. 11 (w.e.f. 1-9-2016).
2. Ins. by Act 30 of 2004, s. 8(w.e.f. 11-11-2004). 3. Subs. by Act 1 of 2013, s. 5, for "within one week" (w.e.f. 15-1-2013). 4. Subs. by Act 30 of 2004, s. 8, for clause (b) (w.e.f. 11-11-2004). 5. Ins. by Act 1 of 2013, s. 5 (w.e.f. 15-1-2013). 6. Subs. by Act 44 of 2016, s. 11, for sub-section (8) (w.e.f. 1-9-2016). 7. Subs. by Act 31 of 2016, s. 251 and The Seventh Schedule, for "In the case of" (w.e.f. 15-11-2016) 8. Subs. by Act 1 of 2013, s. 5, for "three-fourth" (w.e.f. 15-1 -2013). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) Every motor
vehicle shall be so constructed and so maintained as to be at all times under the effective control of the
person driving the vehicle.
(2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1 [(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.]
1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything
contained in section 73, a public company, having such net worth or turnover as may be prescribed, may
accept deposits from persons other than its members subject to compliance with the requirements
provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in
consultation with the Reserve Bank of India, prescribe:
Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. (2) A company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on such terms and conditions, including the provision of security, if any, or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:-- (a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed; (b) filing a copy of the circular along with such statement with the Registrar within thirty days before the date of issue of the circular; 1[(c) depositing, on or before the thirtieth day of April each year, such sum which shall not be less than twenty per cent. of the amount of its deposits maturing during the following financial year and kept in a scheduled bank in a separate bank account to be called deposit repayment reserve account;] 2* * * * * (e) certifying that the company has not committed any default in the repayment of deposits accepted either before or after the commencement of this Act or payment of interest on, 3[such deposits and where a default had occurred, the company made good the default and a period of five years had lapsed since the date of making good the default;] and (f) providing security, if any for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the property or assets of the company: Provided that in case where a company does not secure the deposits or secures such deposits partially, then, the deposits shall be termed as unsecured deposits and shall be so quoted in every circular, form, advertisement or in any document related to invitation or acceptance of deposits. (3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section. (4) Where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the Tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the Tribunal may deem fit. (5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used by the company for any purpose other than repayment of deposits.
1. Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).
2. Clause (d) omitted by s. 15, ibid. (w.e.f. 15-8-2018). 3. Subs. by s. 15,ibid., for "such deposits;" (w.e.f. 15-8-2018) | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the term of office and other conditions of service of the members; (b) the powers and duties of the Chairman and of the members; (c) the terms and conditions subject to which the non-recurring expenditure incurred by or for the Central Government for or in connection with the purposes of any national highway shall be treated as capital provided by the Central Government to the Authority under clause (b) of sub-section (1) of section 12; (d) the value or amount required to be prescribed under sub-section (1) of section 15; 1 [(dd) the terms and conditions subject to which the functions of the Authority may be entrusted to any person under clause (h) of sub-section (2) of section 16;] (e) the form in which and the time within which the Authority shall prepare its budget under section 19 and its annual report under section 22; (f) the manner in which the Authority may invest its funds under section 20; (g) the manner in which the accounts of the Authority shall be maintained and audited and the date before which the audited copy of the accounts together with the auditor's report thereon shall be furnished to the Central Government under section 23; (h) the conditions and restrictions with respect to the exercise of the power to enter under section 30 and the matters referred to in clause (f) of that section; and (i) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 16 of 1997, s. 9 (w.e.f. 24-1-1997).
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Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s)1[(1)] The members of the
Commission shall render wholetime or part-time service to the Commission as the President may in each
case specify, and there shall be paid to the members of the Commission such fees or salaries and such
allowances as the Central Government may, by rules made 1[by notification in the official Gazette] in this
behalf, determine.
2[(2) Every rule made under this section 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 rule or both houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Section 7 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986)
2. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may make rules for carrying out the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- 1 [(i) the minimum qualifications for persons employed at a registered Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic under clause (2) of section 3; (ia) the manner in which the person conducting ultrasonography on a pregnant woman shall keep record thereof in the clinic under the proviso to sub-section (3) of section 4;] (ii) the form in which consent of a pregnant woman has to be obtained under section 5; (iii) the procedure to be followed by the members of the Central Supervisory Board in the discharge of their functions under sub-section (4) of section 8; (iv) allowances for members other than ex officio members admissible under sub-section (5) of section 9; 2 [(iva) code of conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics to be laid down by the Central Supervisory Board under clause (iv) of section 16; (ivb) the manner in which reports shall be furnished by the State and Union territory Supervisory Boards to the Board and the Central Government in respect of various activities undertaken in the State under the Act under clause (iv) of sub-section (1) of section 16A; (ivc) empowering the Appropriate Authority in any other matter under clause (d) of section 17A;] (v) the period intervening between any two meetings of the Advisory Committee under the proviso to sub-section (8) of section 17; (vi) the terms and conditions subject to which a person may be appointed to the Advisory Committee and the procedure to be followed by such Committee under sub-section (9) of section 17; (vii) the form and manner in which an application shall be made for registration and the fee payable thereof under sub-section (2) of section 18; (viii) the facilities to be provided, equipment and other standards to be maintained by the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic under sub-section (5) of section 18; (ix) the form in which a certificate of registration shall be issued under sub-section (1) of section 19; (x) the manner in which and the period after which a certificate of registration shall be renewed and the fee payable for such renewal under sub-section (3) of section 19; (xi) the manner in which an appeal may be preferred under section 21; (xii) the period up to which records, charts, etc., shall be preserved under sub-section (1) of section 29; (xiii) the manner in which the seizure of documents, records, objects, etc., shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody such documents, records or objects were seized under sub-section (1) of section 30; (xiv) any other matter that is required to be, or may be, prescribed.
1 Subs. by s. 24, ibid., for clause (i) (w.e.f. 14-2-2003).
2 Ins. by Act 14 of 2003, s. 24 (w.e.f. 14-2-2003). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Contract
Labour (Regulation and Abolition) Act, 1970.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. (4) It applies-- (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen: Provided that the appropriate Government may, after giving not less than two months notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification. (5) (a) It shall not apply to establishments in which work only of an intermittent or casual nature is performed. (b) If a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate Government shall decide that question after consultation with Central Board or, as the case may be, a State Board, and its decision shall be final. Explanation.--For the purpose of this sub-section, work performed in an establishment shall not be deemed to be of an intermittent nature-- (i) if it was performed for more than one hundred and twenty days in the preceding twelve months, or (ii) if it is of a seasonal character and is performed for more than sixty days in a year. STATE AMENDMENTS Maharashtra Amendment of section 1 of 37 of 1970.--In Section 1 of the Contract Labour (Regulation and Abolition) Act, 1970, in its application to the State of Maharashtra, in sub-section (4),-- (a) in clause (a), for the words "twenty or more workmen" the words "fifty or more workmen" shall be substituted; (b) in clause (b), for the words "twenty or more workmen" the words "fifty or more workmen" shall be substituted; (c) in the proviso, for the words "less than twenty" the words "less than fifty" shall be substituted. [Vide Maharashtra Act 2 of 2017, s. 2.] Andhra Pradesh Amendment of section 1 central Act 37 of 1970.--In the Contract Labour (Regulation and Abolition) Act, 1970, in section 1, in sub-section (4), in clauses (a), (b) and the provisio thereunder, for the word "twenty" the word "fifty" shall be substituted. [Vide Andhra Pradesh Act 21 of 2015, s. 2.] Uttar Pradesh.-- In section 1 of the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred to as the principal Act, for sub-section (4) the following sub-section shall be substituted-- "(4) It applies-- (a) to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen. Provided that the State Government may, after giving not less than two month' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than fifty as may be specified in the notification." [Vide the Uttar Pradesh Act 14 of 2018, s. 2] Union Territory Of Ladakh Section 1.--In sub-section (4), in clause (a), for "twenty", substitute "forty". [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification no. S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O.3774(E), dated (23-10-2020).] Rajasthan Amendment of section 1, Central Act No. 37 of 1970.For the existing sub-section (4) of section 1 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No. 37 of 1970), in its application to the State of Rajasthan, the following shall be substituted, namely:- (4) It applies- (a) to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen: Provided that the State Government may, after giving not less than two months notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment or contractor employing such number of workmen less than fifty as may be specified in the notification. [Vide Rajasthan Act 19 of 2014, s. 2] Gujarat Amendment of section 1 of 37 of 1970.--In the Contract Labour (Regulation and Abolition) Act, 1970, in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 1, sub-section (4),-- (i) in clause (a), for the word “twenty”, the word “fifty” shall be substituted; (ii) in clause (b), for the word “twenty”, the word “fifty” shall be substituted; (iii) in the proviso, for the word “twenty”, the word “fifty” shall be substituted. [Vide Gujarat Act 2 of 2021, s. 2]
1. 10th February, 1971, vide notification No. G.S.R. 190, dated 1st February, 1971, see Gazette of India, Extraordinary, Part II,
sec. 3(i).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the eligibility criteria for different categories of cable operators under sub-section (2) of section 4;] 2[(aa) the form of application, documents to be accompanied and the fees payable under sub-section (4) of section 4;] 3[(aaa) the terms and conditions of registration under sub-section (6) of section4;] 4[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of the notification under sub-section (1) of that section;] (b) the programme code under section 5; (c) the advertisement code under section 6; (d) the form of register to be maintained by a cable operator under section 7; 4[(da) the specifications of interference standards for interfering with any telecommunication system under section 10;] 5[(db) the designated officer under sub-section (1) of section 16;] (e) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 12, ibid., for clause (a) (w.e.f. 25-10-2011).
2. Subs. by s. 12, ibid., for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by s. 12, ibid., for clause (aaa) (w.e.f. 25-10-2011). 4. Ins. by s. 12, ibid. (w.e.f. 25-10-2011). 5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 3-10-2023). | ||||||||||||||||
Related Section(s)(1) Every company
shall keep at its registered office,--
(a) where a contract of service with a managing or whole-time director is in writing, a copy of the contract; or (b) where such a contract is not in writing, a written memorandum setting out its terms. (2) The copies of the contract or the memorandum kept under sub-section (1) shall be open to inspection by any member of the company without payment of fee. (3) If any default is made in complying with the provisions of sub-section (1) or sub-section (2), the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for each default. (4) The provisions of this section shall not apply to a private company. (1) No resolution shall be deemed to have been duly
passed by the Board or by a committee thereof by circulation, unless the resolution has been circulated in
draft, together with the necessary papers, if any, to all the directors, or members of the committee, as the
case may be, at their addresses registered with the company in India by hand delivery or by post or by
courier, or through such electronic means as may be prescribed and has been approved by a majority of
the directors or members, who are entitled to vote on the resolution:
Provided that, where not less than one-third of the total number of directors of the company for the time being require that any resolution under circulation must be decided at a meeting, the chairperson shall put the resolution to be decided at a meeting of the Board. (2) A resolution under sub-section (1) shall be noted at a subsequent meeting of the Board or the committee thereof, as the case may be, and made part of the minutes of such meeting. (1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) The Board of Directors of a company shall be entitled to exercise all
such powers, and to do all such acts and things, as the company is authorised to exercise and do:
Provided that in exercising such power or doing such act or thing, the Board shall be subject to the provisions contained in that behalf in this Act, or in the memorandum or articles, or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting: Provided further that the Board shall not exercise any power or do any act or thing which is directed or required, whether under this Act or by the memorandum or articles of the company or otherwise, to be exercised or done by the company in general meeting. (2) No regulation made by the company in general meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made. (3) The Board of Directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the Board, namely:-- (a) to make calls on shareholders in respect of money unpaid on their shares; (b) to authorise buy-back of securities under section 68; (c) to issue securities, including debentures, whether in or outside India; (d) to borrow monies; (e) to invest the funds of the company; (f) to grant loans or give guarantee or provide security in respect of loans; (g) to approve financial statement and the Boards report; (h) to diversify the business of the company; (i) to approve amalgamation, merger or reconstruction; (j) to take over a company or acquire a controlling or substantial stake in another company; (k) any other matter which may be prescribed: Provided that the Board may, by a resolution passed at a meeting, delegate to any committee of directors, the managing director, the manager or any other principal officer of the company or in the case of a branch office of the company, the principal officer of the branch office, the powers specified in clauses (d) to (f) on such conditions as it may specify: Provided further that the acceptance by a banking company in the ordinary course of its business of deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise, or the placing of monies on deposit by a banking company with another banking company on such conditions as the Board may prescribe, shall not be deemed to be a borrowing of monies or, as the case may be, a making of loans by a banking company within the meaning of this section. Explanation I.--Nothing in clause (d) shall apply to borrowings by a banking company from other banking companies or from the Reserve Bank of India, the State Bank of India or any other banks established by or under any Act. Explanation II.--In respect of dealings between a company and its bankers, the exercise by the company of the power specified in clause (d) shall mean the arrangement made by the company with its bankers for the borrowing of money by way of overdraft or cash credit or otherwise and not the actual day-to-day operation on overdraft, cash credit or other accounts by means of which the arrangement so made is actually availed of. (4) Nothing in this section shall be deemed to affect the right of the company in general meeting to impose restrictions and conditions on the exercise by the Board of any of the powers specified in this section. (1) Every
company shall keep one or more registers giving separately the particulars of all contracts or
arrangements to which sub-section (2) of section 184 or section 188 applies, in such manner and
containing such particulars as may be prescribed and after entering the particulars, such register or
registers shall be placed before the next meeting of the Board and signed by all the directors present at the
meeting.
(2) Every director or key managerial personnel shall, within a period of thirty days of his appointment, or relinquishment of his office, as the case may be, disclose to the company the particulars specified in sub-section (1) of section 184 relating to his concern or interest in the other associations which are required to be included in the register under that sub-section or such other information relating to himself as may be prescribed. (3) The register referred to in sub-section (1) shall be kept at the registered office of the company and it shall be open for inspection at such office during business hours and extracts may be taken therefrom, and copies thereof as may be required by any member of the company shall be furnished by the company to such extent, in such manner, and on payment of such fees as may be prescribed. (4) The register to be kept under this section shall also be produced at the commencement of every annual general meeting of the company and shall remain open and accessible during the continuance of the meeting to any person having the right to attend the meeting.-- (5) Nothing contained in sub-section (1) shall apply to any contract or arrangement (a) for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed five lakh rupees in the aggregate in any year; or (b) by a banking company for the collection of bills in the ordinary course of its business. (6) Every director who fails to comply with the provisions of this section and the rules made thereunder shall be liable to a penalty of twenty-five thousand rupees. (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). 1[185. Loans to directors, etc.-- (1) No company shall, directly or indirectly, advance any loan,
including any loan represented by a book debt to, or give any guarantee or provide any security in
connection with any loan taken by,--
(a) any director of company, or of a company which is its holding company or any partner or relative of any such director; or (b) any firm in which any such director or relative is a partner. (2) A company may advance any loan including any loan represented by a book debt, or give any guarantee or provide any security in connection with any loan taken by any person in whom any of the director of the company is interested, subject to the condition that-- (a) a special resolution is passed by the company in general meeting: Provided that the explanatory statement to the notice for the relevant general meeting shall disclose the full particulars of the loans given, or guarantee given or security provided and the purpose for which the loan or guarantee or security is proposed to be utilised by the recipient of the loan or guarantee or security and any other relevant fact; and (b) the loans are utilised by the borrowing company for its principal business activities. Explanation.-- For the purposes of this sub-section, the expression "any person in whom any of the director of the company is interested" means-- (a) any private company of which any such director is a director or member; (b) any body corporate at a general meeting of which not less than twenty-five per cent. of the total voting power may be exercised or controlled by any such director, or by two or more such directors, together; or (c) any body corporate, the Board of directors, managing director or manager, whereof is accustomed to act in accordance with the directions or instructions of the Board, or of any director or directors, of the lending company. (3) Nothing contained in sub-sections (1) and (2) shall apply to-- (a) the giving of any loan to a managing or whole-time director-- (i) as a part of the conditions of service extended by the company to all its employees; or (ii) pursuant to any scheme approved by the members by a special resolution; or (b) a company which in the ordinary course of its business provides loans or gives guarantees or securities for the due repayment of any loan and in respect of such loans an interest is charged at a rate not less than the rate of prevailing yield of one year, three years, five years or ten years Government security closest to the tenor of the loan; or (c) any loan made by a holding company to its wholly owned subsidiary company or any guarantee given or security provided by a holding company in respect of any loan made to its wholly owned subsidiary company; or (d) any guarantee given or security provided by a holding company in respect of loan made by any bank or financial institution to its subsidiary company: Provided that the loans made under clauses (c) and (d) are utilised by the subsidiary company for its principal business activities. (4) If any loan is advanced or a guarantee or security is given or provided or utilised in contravention of the provisions of this section,-- (i) the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; (ii) every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; and (iii) the director or the other person to whom any loan is advanced or guarantee or security is given or provided in connection with any loan taken by him or the other person, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees, or with both.]
1. Subs. by s. 61, ibid., for section 185 (w.e.f. 7-5-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). (1) Every director shall at the first meeting of the Board in
which he participates as a director and thereafter at the first meeting of the Board in every financial year
or whenever there is any change in the disclosures already made, then at the first Board meeting held after
such change, disclose his concern or interest in any company or companies or bodies corporate, firms, or
other association of individuals which shall include the shareholding, in such manner as may be
prescribed.
(2) Every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into-- (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, Chief Executive Officer of that body corporate; or (b) with a firm or other entity in which, such director is a partner, owner or member, as the case may be, shall disclose the nature of his concern or interest at the meeting of the Board in which the contract or arrangement is discussed and shall not participate in such meeting: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the company without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, directly or indirectly, in the contract or arrangement, shall be voidable at the option of the company. (4) If a director of the company contravenes the provisions of sub-section (1) or sub-section (2), such director shall be 1 [liable to a penalty of one lakh rupees].br (5) Nothing in this section-- (a) shall be taken to prejudice the operation of any rule of law restricting a director of a company from having any concern or interest in any contract or arrangement with the company; 2[(b) shall apply to any contract or arrangement entered into or to be entered into between two companies or between one or more companies and one or more bodies corporate where any of the directors of the one company or body corporate or two or more of them together holds or hold not more than two per cent. of the paid-up share capital in the other company or the body corporate.]
1. Subs. by Act 29 of 2020, s. 37, for certain words (w.e.f. 21-12-2020).
2. Subs. by Act 1 of 2018, s. 60, for clause (b) (w.e.f. 9-2-2018). (1) All investments made or held by a
company in any property, security or other asset shall be made and held by it in its own name:
Provided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees of the company, if it is necessary to do so, to ensure that the number of members of the subsidiary company is not reduced below the statutory limit. (2) Nothing in this section shall be deemed to prevent a company-- (a) from depositing with a bank, being the bankers of the company, any shares or securities for the collection of any dividend or interest payable thereon; or (b) from depositing with, or transferring to, or holding in the name of, the State Bank of India or a scheduled bank, being the bankers of the company, shares or securities, in order to facilitate the transfer thereof: Provided that if within a period of six months from the date on which the shares or securities are transferred by the company to, or are first held by the company in the name of, the State Bank of India or a scheduled bank as aforesaid, no transfer of such shares or securities takes place, the company shall, as soon as practicable after the expiry of that period, have the shares or securities retransferred to it from the State Bank of India or the scheduled bank or, as the case may be, again hold the shares or securities in its own name; or (c) from depositing with, or transferring to, any person any shares or securities, by way of security for the repayment of any loan advanced to the company or the performance of any obligation undertaken by it; (d) from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner. (3) Where in pursuance of clause (d) of sub-section (2), any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose. 1[(4) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 38, for sub-section (4) (w.e.f. 21-12-2020).
(1) Except with the consent of the Board of Directors given by a
resolution at a meeting of the Board and subject to such conditions as may be prescribed, no company
shall enter into any contract or arrangement with a related party with respect to--
(a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the company, its subsidiary company or associate company; and (g) underwriting the subscription of any securities or derivatives thereof, of the company: Provided that no contract or arrangement, in the case of a company having a paid-up share capital of not less than such amount, or transactions exceeding such sums, as may be prescribed, shall be entered into except with the prior approval of the company by a 1[resolution]: Provided further that no member of the company shall vote on such 1[resolution], to approve any contract or arrangement which may be entered into by the company, if such member is a related party: 2[Provided also that nothing contained in the second proviso shall apply to a company in which ninety per cent. or more members, in number, are relatives of promoters or are related parties:] Provided also that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arms length basis: 3[Provided also that the requirement of passing the resolution under first proviso shall not be applicable for transactions entered into between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and placed before the shareholders at the general meeting for approval.] Explanation.-- In this sub-section,-- (a) the expression "office or place of profit" means any office or place-- (i) where such office or place is held by a director, if the director holding it receives from the company anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the company anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) Every contract or arrangement entered into under sub-section (1) shall be referred to in the Boards report to the shareholders along with the justification for entering into such contract or arrangement. (3) Where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the Board or approval by a 1[resolution] in the general meeting under sub-section (1) and if it is not ratified by the Board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement 4[shall be voidable at the option of the Board or, as the case may be, of the shareholders] and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the company against any loss incurred by it. (4) Without prejudice to anything contained in sub-section (3), it shall be open to the company to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (5) Any director or any other employee of a company, who had entered into or authorized the contract or arrangement in violation of the provisions of this section shall,-- (i) in case of listed company, be 5[liable to a penalty of twenty-five lakh rupees]; and (ii) in case of any other company, be 6[liable to a penalty of five lakh rupees]].
1. Subs. by Act 21 of 2015, s. 16, for "special resolution" (w.e.f. 29-5-2015).
2. The proviso ins. by Act 1 of 2018, s. 63 (w.e.f. 9-2-2018). 3. The proviso ins. by Act 21 of 2015, s. 16 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 63, for "shall be voidable at the option of the Board" (w.e.f. 9-2-2018). 5. Subs. by Act 29 of 2020, s. 39, for certain words (w.e.f. 21-12-2020). 6. Subs. by s. 39, ibid., for certain words (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) Every auditor of a company
shall have a right of access at all times to the books of account and vouchers of the company, whether
kept at the registered office of the company or at any other place and shall be entitled to require from the
officers of the company such information and explanation as he may consider necessary for the
performance of his duties as auditor and amongst other matters inquire into the following matters,
namely:--
(a) whether loans and advances made by the company on the basis of security have been properly secured and whether the terms on which they have been made are prejudicial to the interests of the company or its members; (b) whether transactions of the company which are represented merely by book entries are prejudicial to the interests of the company; (c) where the company not being an investment company or a banking company, whether so much of the assets of the company as consist of shares, debentures and other securities have been sold at a price less than that at which they were purchased by the company; (d) whether loans and advances made by the company have been shown as deposits; (e) whether personal expenses have been charged to revenue account; (f) where it is stated in the books and documents of the company that any shares have been allotted for cash, whether cash has actually been received in respect of such allotment, and if no cash has actually been so received, whether the position as stated in the account books and the balance sheet is correct, regular and not misleading: Provided that the auditor of a company which is a holding company shall also have the right of access to the records of all 2[its subsidiaries and associate companies] in so far as it relates to the consolidation of its financial statements with that of 1[its subsidiaries and associate companies.] (2) The auditor shall make a report to the members of the company on the accounts examined by him and on every financial statements which are required by or under this Act to be laid before the company in general meeting and the report shall after taking into account the provisions of this Act, the accounting and auditing standards and matters which are required to be included in the audit report under the provisions of this Act or any rules made thereunder or under any order made under sub-section (11) and to the best of his information and knowledge, the said accounts, financial statements give a true and fair view of the state of the company's affairs as at the end of its financial year and profit or loss and cash flow for the year and such other matters as may be prescribed. (3) The auditor's report shall also state-- (a) whether he has sought and obtained all the information and explanations which to the best of his knowledge and belief were necessary for the purpose of his audit and if not, the details thereof and the effect of such information on the financial statements; (b) whether, in his opinion, proper books of account as required by law have been kept by the company so far as appears from his examination of those books and proper returns adequate for the purposes of his audit have been received from branches not visited by him; (c) whether the report on the accounts of any branch office of the company audited under subsection (8) by a person other than the company's auditor has been sent to him under the proviso to that sub-section and the manner in which he has dealt with it in preparing his report; (d) whether the company's balance sheet and profit and loss account dealt with in the report are in agreement with the books of account and returns; (e) whether, in his opinion, the financial statements comply with the accounting standards; (f) the observations or comments of the auditors on financial transactions or matters which have any adverse effect on the functioning of the company; (g) whether any director is disqualified from being appointed as a director under sub-section (2) of section 164; (h) any qualification, reservation or adverse remark relating to the maintenance of accounts and other matters connected therewith; (i) whether the company has adequate 3[internal financial controls with reference to financial statements] in place and the operating effectiveness of such controls; (j) such other matters as may be prescribed. (4) Where any of the matters required to be included in the audit report under this section is answered in the negative or with a qualification, the report shall state the reasons therefor. (5) 4[In the case of a Government company or any other company owned or controlled, directly or indirectly, by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, the Comptroller and Auditor General of India shall appoint the auditor under sub-section (5) or sub-section (7) of Section 139 and direct such auditor the manner in which the accounts of the company are required to be audited and] thereupon the auditor so appointed shall submit a copy of the audit report to the Comptroller and Auditor-General of India which, among other things, include the directions, if any, issued by the Comptroller and Auditor-General of India, the action taken thereon and its impact on the accounts and financial statement of the company. (6) The Comptroller and Auditor-General of India shall within sixty days from the date of receipt of the audit report under sub-section (5) have a right to,-- (a) conduct a supplementary audit of the financial statement of the company by such person or persons as he may authorise in this behalf; and for the purposes of such audit, require information or additional information to be furnished to any person or persons, so authorised, on such matters, by such person or persons, and in such form, as the Comptroller and Auditor-General of India may direct; and (b) comment upon or supplement such audit report: Provided that any comments given by the Comptroller and Auditor-General of India upon, or supplement to, the audit report shall be sent by the company to every person entitled to copies of audited financial statements under sub section (1) of section 136 and also be placed before the annual general meeting of the company at the same time and in the same manner as the audit report. (7) Without prejudice to the provisions of this Chapter, the Comptroller and Auditor-General of India may, in case of any company covered under sub-section (5) or sub-section (7) of section 139, if he considers necessary, by an order, cause test audit to be conducted of the accounts of such company and the provisions of section 19A of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), shall apply to the report of such test audit. (8) Where a company has a branch office, the accounts of that office shall be audited either by the auditor appointed for the company (herein referred to as the company's auditor) under this Act or by any other person qualified for appointment as an auditor of the company under this Act and appointed as such under section 139, or where the branch office is situated in a country outside India, the accounts of the branch office shall be audited either by the company's auditor or by an accountant or by any other person duly qualified to act as an auditor of the accounts of the branch office in accordance with the laws of that country and the duties and powers of the company's auditor with reference to the audit of the branch and the branch auditor, if any, shall be such as may be prescribed: Provided that the branch auditor shall prepare a report on the accounts of the branch examined by him and send it to the auditor of the company who shall deal with it in his report in such manner as he considers necessary. (9) Every auditor shall comply with the auditing standards. (10) The Central Government may prescribe the standards of auditing or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by the National Financial Reporting Authority: Provided that until any auditing standards are notified, any standard or standards of auditing specified by the Institute of Chartered Accountants of India shall be deemed to be the auditing standards. (11) The Central Government may, in consultation with the National Financial Reporting Authority, by general or special order, direct, in respect of such class or description of companies, as may be specified in the order, that the auditor's report shall also include a statement on such matters as may be specified therein. 5[Provided that until the National Financial Reporting Authority is constituted under section 132, the Central Government may hold consultation required under this sub-section with the Committee chaired by an officer of the rank of Joint Secretary or equivalent in the Ministry of Corporate Affairs and the Committee shall have the representatives from the Institute of Chartered Accountants of India and Industry Chambers and also special invitees from the National Advisory Committee on Accounting Standards and the office of the Comptroller and Auditor-General.] 6[(12) Notwithstanding anything contained in this section, if an auditor of a company, in the course of the performance of his duties as auditor, has reason to believe that an offence involving fraud is being or has been committed against the company by officers or employees of the company, he shall immediately report the matter to the Central Government within such time and in such manner as may be prescribed. Provided that in case of a fraud involving lesser than the specified amount, the auditor shall report the matter to the audit committee constituted under section 177 or to the Board in other cases within such time and in such manner as may be prescribed: Provided further that the companies, whose auditors have reported frauds under this sub-section to the audit committee or the Board but not reported to the Central Government, shall disclose the details about such frauds in the Board's report in such manner as may be prescribed.] (13) No duty to which an auditor of a company may be subject to shall be regarded as having been contravened by reason of his reporting the matter referred to in sub-section (12) if it is done in good faith. (14) The provisions of this section shall mutatis mutandis apply to-- (a) the 7[cost accountant] conducting cost audit under section 148; or (b) the company secretary in practice conducting secretarial audit under section 204. 8 [(15) If any auditor, cost accountant, or company secretary in practice does not comply with the provisions of sub-section (12), he shall, -- (a) in case of a listed company, be liable to a penalty of five lakh rupees; and (b) in case of any other company, be liable to a penalty of one lakh rupees.]
1. Subs. by Act 1 of 2018, s. 42, for clause (i) (w.e.f. 9-2-2018).
2. Subs. by s. 43, ibid., for "its subsidiaries" (w.e.f. 9-2-2018).
3. Subs. by Act 1 of 2018, s. 43, for "internal financial controls system" (w.e.f. 9-2-2018).
4. Subs. by notification No. S.O. 2226(E), dated 4th September, 2014 for certain words (w.e.f. 4-9-2014).
5. Ins. by notification No. S.O. 1226(E), dated 29th March, 2016 (w.e.f. 10-4-2015).
6. Subs. by Act 21 of 2015, s. 13, for sub-section (12) (w.e.f. 14-12-2015).
7. Subs. by Act 1 of 2018, s. 43, for "cost accountant in practice" (w.e.f. 9-2-2018).
8. Subs. by Act 29 of 2020, s. 30, for sub-section (15) (w.e.f. 21-12-2020).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-- (a) the number of members of the Board under sub-section (3) of section 3; (b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3; (c) the powers and duties of the Chairman under sub-section (6) of section 3; (d) the powers and functions of the Vice-Chairman under sub-section (7) of section 3; (e) the constitution of committees under section 5; (f) the terms and conditions for giving licences to manufacturers of spices for export under clause (viii) of sub-section (1) of section 7; (g) the form and manner in which and the time at which the registered owner may furnish returns to the Board under section 10; (h) the form of the application and the fees under sub-section (1) of section 12; (i) the period of limitation for appeal under sub-section (1) of section 14; (j) the form of appeal and the fees payable under sub-section (3) of section 14; (k) the procedure for disposal of appeal under sub-section (4) of section 14; (l) the form in which, and the time at which, the Board shall prepare its budget under section 22 and its annual report under section 23; (m) the manner in which the accounts of the Board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the Central Government under section 24; 1[(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A; (mb) the form and manner of preferring appeal under sub-section (2) of section 30A;] (n) the conditions and the restrictions with respect to the exercise of the power to enter under section 37; (o) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 09-08-2024)
(1) The Board may, with the previous approval of the Central
Government, by notification in the Official Gazette, make regulations consistent with this Act and the
rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Secretary and other officers and employees of the Board under sub-section (2) of section 4; and (b) the terms and conditions under which the certificate may be granted under sub-section (2) of section 12. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[9B. District Mineral Foundation.--(1) In any district affected by mining related operations, the
State Government shall, by notification, establish a trust, as a non-profit body, to be called the District
Mineral Foundation.
(2) The object of the District Mineral Foundation shall be to work for the interest and benefit of persons, and areas affected by mining related operations in such manner as may be prescribed by the State Government. (3) The composition and functions of the District Mineral Foundation shall be such as may be prescribed by the State Government. 2[Provided that the Central Government may give directions regarding composition and utilisation of fund by the District Mineral Foundation.] (4) The State Government while making rules under sub-sections (2) and (3) shall be guided by the provisions contained in article 244 read with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996) and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007). (5) The holder of a mining lease or a 3[composite licence] granted on or after the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 4[,other than those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the Second Schedule, not exceeding one-third of such royalty, as may be prescribed by the Central Government. (6) The holder of a mining lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 5[and those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the Second Schedule in such manner and subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the Central Government.]
1. Ins. by Act 10 of 2015, s. 9 (w.e.f. 12-1-2015).
2. Ins. by Act 16 of 2021, s. 10 (w.e.f. 28-3-2021). 3. Subs. by Act 16 of 2021, s. 2, for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 4. Ins. by s. 10, ibid. (w.e.f. 28-3-2021). 5. Ins. by s. 10, ibid (w.e.f. 28-3-2021). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (i) the matters to be included in the Register of Trade Marks under sub-section (1) of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskettes or in any other electronic form under sub-section (2) of that section; (ii) the manner of publication of alphabetical index of classification of goods and services under sub-section (1) of section 8; (iii) the manner in which the Registrar may notify a word as an international non-proprietary name under section 13; (iv) the manner of making an application for dissolution of an association under sub-section (5) of section 16; (v) the manner of making an application for registration of a trade mark under sub-section (1) of section 18; (vi) the manner of advertising of an application for registration under sub-section (1), and the manner of notifying corrections or amendments under sub-section (2), of section 20; 1[(vii) the manner of giving a notice of opposition and the fee payable for such notice under sub-section (1) and sending counter-statement under sub-section (2) and submission of evidence and the time therefor under sub-section (4) of section 21;] (viii) the form of certificate of registration under sub-section (2), and the manner of giving notice to the applicant under sub-section (3) of section 23; (ix) the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the Registrar shall send a notice and the manner of such notice under sub-section (3) of that section; 2[(ixa) the time within which the international application is to be forwarded to the International Bureau and the manner of certifying the particulars by the Registrar under sub-section (4) of section 36D; (ixb) the manner of keeping a record of particulars of an international registration under sub-section (1) of section 36E;] (ixc) the manner of informing the International Bureau under sub-section (2) of section 36E; (ixd) the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E;] (x) the manner of submitting statement of cases under sub-section (2) of section 40; (xi) the manner of making an application by the proprietor of a trade mark under section 41; (xii) the manner of making an application for assignment or transmission of a certification trade mark under section 43; (xiii) the manner of making an application to the Registrar to register title under sub-section (1) of section 45; 2[(xiiia) the period within which the Registrar shall dispose of an application under sub-section (3) of section 45;] (xiv) the manner in which and the period within which an application is to be made under sub-section (4) of section 46; (xv) the manner of making an application under sub-section (2) of section 47; (xvi) the manner of making an application, documents and other evidence to accompany such application under sub-section (1) and the manner in which notice is to be issued under sub-section (3) of section 49; (xvii) the manner of making an application under sub-section (1), the manner of issuing a notice under sub-section (2) and the procedure for cancelling a registration under sub-section (3) of section 50; (xviii) the manner of making applications under sub-sections (1) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section (5) of section 57; (xix) the manner of making an application under section 58; (xx) the manner of making an application under sub-section (1), the manner of advertising an application, time and manner of notice by which application may be opposed under sub-sections (2) and (3) of section 59; (xxi) the manner of advertisement under sub-section (2) of section 60; (xxii) the other matters to be specified in the regulations under sub-section (2) of section 63; (xxiii) the manner of making an application under sub-section (1) of section 71; (xxiv) the manner of advertising an application under section 73; (xxv) the manner of making an application under section 77; 3* * * * * (xxix) the salaries and allowances payable to, and the other terms and conditions of service of, the 4[Chairperson], 5[Vice-Chairperson] and other Members under sub-section (1) of section 88; (xxx) the procedure for investigation of misbehavior or incapacity of the 4[Chairperson], 5[Vice-Chairperson] and other Members under sub-section (3) of section 89; 6***** (xxxiii) the form in which and the particulars to be included in the application to the 7[High Court] under sub-section (1) of section 97; 8[(xxxiiia) the manner of holding inquiry and imposing penalty under Section 112A; (xxxiiib) the form and manner of preferring appeal under sub-section (2) of Section 112B;] (xxxiv) the manner of making an application for review under clause (c) of section 127; (xxxv) the time within which an application is to be made to the Registrar for exercising his discretionary power under section 128; (xxxvi) the manner of making an application and the fee payable therefor under sub-section (1) of section 131; (xxxvii) the manner of making an application under sub-section (1) and the period for withdrawal of such application under sub-section (2) of section 133; (xxxviii) the manner of authorising any person to act and the manner of registration as a trade mark agent under section 145; (xxxix) the conditions for inspection of documents under sub-section (1) and the fee payable for obtaining a certified copy of any entry in the register under sub-section (2) of section 148; (xl) the fees and surcharge payable for making applications and registration and other matters under section 150; (xli) any other matter which is required to be or may be prescribed. (3) The power to make rules conferred by this section shall include the power to give retrospective effect in respect of the matters referred to in clauses (xxix) and (xxxi) of sub-section (2) from a date not earlier than the date of commencement of this Act, but no retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom sub-rule may be applicable. (4) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by Act 40 of 2010, s. 9, for clause (vii) (w.e.f. 8-7-2013).
2. Ins. by s. 9, ibid. (w.e.f. 8-7-2013). 3. Cls. (xxvi), (xxvii) and (xxviii) omitted by Act 40 of 2010, s. 9 (w.e.f. 8-7-2013). 4. Subs. by Act 7 of 2017, s. 161, for Chairman (w.e.f. 26-5-2017). 5. Subs. by s. 161, ibid., for Vice-Chairman (w.e.f. 26-5-2017). 6. Clauses (xxxi) and (xxxii) omitted by Act 33 of 2021, s. 21 (w.e.f. 4-4-2021). 7.Subs. by s. 21, ibid., for Appellate Board (w.e.f. 4-4-2021). 8. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-8-2024)./hr1 | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). (1) No tea shall be exported unless covered by a licence
issued by or on behalf of the Board.
(2) No tea seed shall be exported unless covered by a permit issued by or on behalf of the Central Government. (3) No tea or tea seed shall be taken by land, sea or air out of any State to any of the 1*** Portuguese Settlements bounded by India, unless covered by a permit issued by or on behalf of the Board.
1. The words "French or" omitted by the A.O. (No. 3), 1956 (w.e.f. 1-11-1956).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
1 Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the eligibility criteria for different categories of cable operators under sub-section (2) of section 4;] 2[(aa) the form of application, documents to be accompanied and the fees payable under sub-section (4) of section 4;] 3[(aaa) the terms and conditions of registration under sub-section (6) of section4;] 4[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of the notification under sub-section (1) of that section;] (b) the programme code under section 5; (c) the advertisement code under section 6; (d) the form of register to be maintained by a cable operator under section 7; 4[(da) the specifications of interference standards for interfering with any telecommunication system under section 10;] 5[(db) the designated officer under sub-section (1) of section 16;] (e) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 12, ibid., for clause (a) (w.e.f. 25-10-2011).
2. Subs. by s. 12, ibid., for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by s. 12, ibid., for clause (aaa) (w.e.f. 25-10-2011). 4. Ins. by s. 12, ibid. (w.e.f. 25-10-2011). 5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 3-10-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) Every company shall prepare a return (hereinafter referred to as the annual
return) in the prescribed form containing the particulars as they stood on the close of the financial year
regarding--
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies; (b) its shares, debentures and other securities and shareholding pattern; 1* * * * * (d) its members and debenture-holders along with changes therein since the close of the previous financial year; (e) its promoters, directors, key managerial personnel along with changes there in since the close of the previous financial year; (f) meetings of members or a class thereof, Board and its various committees along with attendance details; (g) remuneration of directors and key managerial personnel; (h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment; (i) matters relating to certification of compliances, disclosures as may be prescribed; (j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors 2***; and (k) such other matters as may be prescribed, and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice: Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company. 3[Provided further that the Central Government may prescribe abridged form of annual return for "One Person Company, small company and such other class of classes of companies as may be prescribed".] (2) 4[The annual return, filed by a listed company or, by a company having such paid-up capital or turnover as may be prescribed shall be certified by a company secretary in practice in the prescribed form, stating that the annual return discloses the facts correctly and adequately and that the company has complied with all the provisions of this Act. (3) An extract of the annual return in such form as may be prescribed shall form part of the Board's report. (4) Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, 5***. 6[(5) If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of 7[ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 8[two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is an default].] (6) If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be 8 [liable to a penalty of two lakh rupees].
1. Clause (c) omitted by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021).
2. The words "indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them" omitted by s. 23, ibid (w.e.f. 5-3-2021). 3. Ins. by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021). 4. Subs. by S.O. 1177 (E), dated 29th April, 2014 for certain words (w.e.f. 29-4-2014). 5. The words "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 23 (w.e.f. 7-5-2018). 6. Subs. by Act 22 of 2019, s. 15, for sub-section (5) (w.e.f. 2-11-2018). 7. Subs. by Act 29 of 2020, s. 20, for "fifty thousand rupees" (w.e.f. 21-12-2020). 8. Subs. by s. 20, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 20, ibid., for "punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees" (w.e.f. 21-12-2020). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of the 1 [Chairperson and Members] under section 8; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11; (c) any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13; (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of section 34; and (e) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by Act 43 of 2006, s.17, for "Members" (w.e.f. 23-11-2006).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)4. (1) There shall be a Committee for admission and fee
regulation to be constituted in such manner as may be
prescribed. The Committee shall be presided over by a
person who is or who has been a Senior Administrative
Officer of the State or Vice-Chancellor of a Central
University or a State University or a deemed to be
University; who shall be called the Chairman of the
Committee and shall include two other Members having
experience in matters of finance or administration.
(2) The State Government shall appoint the Chairman and the Members of the Committee mentioned in sub-section(I) (3) The term of the Chairman and every Member of the Committee shall be three years from the date of its notification; and, in case of any vacancy arising earlier, for any reason, the State Government shall fill such vacancy for the remainder of the term. (4) No act or proceedings of the Committee shall be deemed to be invalid by reason merely of any vacancy or any defect in the constitution of the Committee. (5) No person who is associated with a private aided or unaided institution shall be eligible for being a Member of the Committee. (6) The Chairman or any Member of the Committee shall be removed, if he performs any act, which in the opinion of the State Government is unbecoming of Chairman or Member of the Committee. Provided that, no such Chairman or any Member shall be removed by the state Government without giving him an opportunity of being heard. (7) The Committee may frame its own procedure in such manner as may be prescribed. (8) The Committee may require a private aided or unaided professional educational institution or, a deemed to be University or a private University to furnish, by a prescribed date, information as may be necessary for enabling the Committee to determine the fee as prescribed under section 10 of this Act that may be fixed by the institution in respect of each professional course, and the fee so determined shall be valid for such period as notified by the State Government. (9) The State Government or the Committee may, if satisfied that a professional educational institution has violated any provisions of this Act or is charging more fee, than as determined under section 10 of this Act there it will recommend to the appropriate statutory body for the withdrawal of the affiliation or recognition of such institution. | ||||||||||||||||
Related Section(s)Every individual intending to
be appointed as director of a company shall make an application for allotment of Director Identification
Number to the Central Government in such form and manner and along with such fees as may be
prescribed:
1[Provided that the Central Government may prescribe any identification number which shall be treated as Director Identification Number for the purposes of this Act and in case any individual holds or acquires such identification number, the requirement of this section shall not apply or apply in such manner as may be prescribed.]
1. The proviso ins. by Act 1 of 2018, s. 48 (w.e.f. 9-2-2018).
(1) A person who
is not a retiring director in terms of section 152 shall, subject to the provisions of this Act, be eligible for
appointment to the office of a director at any general meeting, if he, or some member intending to propose
him as a director, has, not less than fourteen days before the meeting, left at the registered office of the
company, a notice in writing under his hand signifying his candidature as a director or, as the case may
be, the intention of such member to propose him as a candidate for that office, along with the deposit of
one lakh rupees or such higher amount as may be prescribed which shall be refunded to such person or, as
the case may be, to the member, if the person proposed gets elected as a director or gets more than
twenty-five per cent. of total valid votes cast either on show of hands or on poll on such resolution.
1[Provided that requirements of deposit of amount shall not apply in case of appointment of an independent director or a director recommended by the Nomination and Remuneration Committee, if any, constituted under sub-section (1) of section 178 or a director recommended by the Board of Directors of the Company, in the case of a company not required to constitute Nomination and Remuneration Committee.] (2) The company shall inform its members of the candidature of a person for the office of director under sub-section (1) in such manner as may be prescribed.
1. The proviso ins. by s. 50, ibid. (w.e.f. 9-2-2018).
(1) Where no provision is made in the articles of a company for
the appointment of the first director, the subscribers to the memorandum who are individuals shall be
deemed to be the first directors of the company until the directors are duly appointed and in case of a One
Person Company an individual being member shall be deemed to be its first director until the director or
directors are duly appointed by the member in accordance with the provisions of this section.
(2) Save as otherwise expressly provided in this Act, every director shall be appointed by the company in general meeting. (3) No person shall be appointed as a director of a company unless he has been allotted the Director Identification Number under section 154 1[or any other number as may be prescribed under section 153]. (4) Every person proposed to be appointed as a director by the company in general meeting or otherwise, shall furnish his Director Identification Number 1[or such other number as may be prescribed under section 153] and a declaration that he is not disqualified to become a director under this Act. (5) A person appointed as a director shall not act as a director unless he gives his consent to hold the office as director and such consent has been filed with the Registrar within thirty days of his appointment in such manner as may be prescribed: Provided that in the case of appointment of an independent director in the general meeting, an explanatory statement for such appointment, annexed to the notice for the general meeting, shall include a statement that in the opinion of the Board, he fulfils the conditions specified in this Act for such an appointment. (6) (a) Unless the articles provide for the retirement of all directors at every annual general meeting, not less than two-thirds of the total number of directors of a public company shall-- (i) be persons whose period of office is liable to determination by retirement of directors by rotation; and (ii) save as otherwise expressly provided in this Act, be appointed by the company in general meeting. (b) The remaining directors in the case of any such company shall, in default of, and subject to any regulations in the articles of the company, also be appointed by the company in general meeting. (c) At the first annual general meeting of a public company held next after the date of the general meeting at which the first directors are appointed in accordance with clauses (a) and (b) and at every subsequent annual general meeting, one-third of such of the directors for the time being as are liable to retire by rotation, or if their number is neither three nor a multiple of three, then, the number nearest to one-third, shall retire from office. (d) The directors to retire by rotation at every annual general meeting shall be those who have been longest in office since their last appointment, but as between persons who became directors on the same day, those who are to retire shall, in default of and subject to any agreement among themselves, be determined by lot. (e) At the annual general meeting at which a director retires as aforesaid, the company may fill up the vacancy by appointing the retiring director or some other person thereto. Explanation.-- For the purposes of this sub-section, "total number of directors" shall not include independent directors, whether appointed under this Act or any other law for the time being in force, on the Board of a company. (7) (a) If the vacancy of the retiring director is not so filled-up and the meeting has not expressly resolved not to fill the vacancy, the meeting shall stand adjourned till the same day in the next week, at the same time and place, or if that day is a national holiday, till the next succeeding day which is not a holiday, at the same time and place. (b) If at the adjourned meeting also, the vacancy of the retiring director is not filled up and that meeting also has not expressly resolved not to fill the vacancy, the retiring director shall be deemed to have been re-appointed at the adjourned meeting, unless-- (i) at that meeting or at the previous meeting a resolution for the re-appointment of such director has been put to the meeting and lost; (ii) the retiring director has, by a notice in writing addressed to the company or its Board of directors, expressed his unwillingness to be so re-appointed; (iii) he is not qualified or is disqualified for appointment; (iv) a resolution, whether special or ordinary, is required for his appointment or re-appointment by virtue of any provisions of this Act; or (v) section 162 is applicable to the case. Explanation.--For the purposes of this section and section 160, the expression "retiring director" means a director retiring by rotation.
1. Ins. by Act 1 of 2018, s. 47 (w.e.f. 9-2-2018).
(1) Every company shall,
within fifteen days of the receipt of intimation under section 156, furnish the Director Identification
Number of all its directors to the Registrar or any other officer or authority as may be specified by the
Central Government with such fees as may be prescribed or with such additional fees as may be
prescribed 1*** and every such intimation shall be furnished in such form and manner as may be
prescribed.
2[(2) If any company fails to furnish the Director Identification Number under sub-section (1), such company shall be liable to a penalty of twenty-five thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees, and every officer of the company who is in default shall be liable to a penalty of not less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.]
1. The words and figures "within the time specified under section 403" omitted by s. 49, ibid. (w.e.f. 7-5-2018).
2. Subs. by Act 22 of 2019, s. 24, for sub-section (2) (w.e.f. 2-11-2018). A listed company may have one
director elected by such small shareholders in such manner and with such terms and conditions as may be
prescribed.
Explanation.-- For the purposes of this section "small shareholders" means a shareholder holding shares of nominal value of not more than twenty thousand rupees or such other sum as may be prescribed. (1) Subject to the provisions contained in sub-section (6) of section 149, an independent
director may be selected from a data bank containing names, addresses and qualifications of persons who
are eligible and willing to act as independent directors, maintained by any body, institute or association,
as may by notified by the Central Government, having expertise in creation and maintenance of such data
bank and put on their website for the use by the company making the appointment of such directors:
Provided that responsibility of exercising due diligence before selecting a person from the data bank referred to above, as an independent director shall lie with the company making such appointment. (2) The appointment of independent director shall be approved by the company in general meeting as provided in sub-section (2) of section 152 and the explanatory statement annexed to the notice of the general meeting called to consider the said appointment shall indicate the justification for choosing the appointee for appointment as independent director. (3) The data bank referred to in sub-section (1), shall create and maintain data of persons willing to act as independent director in accordance with such rules as may be prescribed. (4) The Central Government may prescribe the manner and procedure of selection of independent directors who fulfil the qualifications and requirements specified under section 149. The Central Government shall, within one
month from the receipt of the application under section 153, allot a Director Identification Number to an
applicant in such manner as may be prescribed.
(1) Every
company shall keep at its registered office a register containing such particulars of its directors and key
managerial personnel as may be prescribed, which shall include the details of securities held by each of
them in the company or its holding, subsidiary, subsidiary of company's holding company or associate
companies.
(2) A return containing such particulars and documents as may be prescribed, of the directors and the key managerial personnel shall be filed with the Registrar within thirty days from the appointment of every director and key managerial personnel, as the case may be, and within thirty days of any change taking place. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salary and allowances payable to and the other conditions of service of the Chairperson and members under sub-section (5) of section 5; 1[(aa) the allowances payable to the part-time members under sub-section (6A) of section 5;] (b) the powers and functions of the Chairperson under sub-section (1) of section 6; (c) the procedure for conducting an inquiry made under sub-section (2) of section 7; 2[(ca) the salary and allowances and other conditions of service of officers and other employees of the Authority under sub-section (2) of section 10;] (d) the category of books of account or other documents which are required to be maintained under sub-section (3) of section 12; 2[(da) the form, the manner of its verification and the fee under sub-section (3) of section 14A; (db) the salary and allowances payable to and other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal under section 14E; (dc) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 14H; (dd) any other power of a civil court required to be prescribed under clause (i) of sub-section (2) of section 16;] (e) the period within which an application is to be made under sub-section (1) of section 15; (f) the manner in which the accounts of the Authority shall be maintained under sub-section (1) of section 23; (g) the time within which and the form and manner in which returns and report are to be made to the Central Government under sub-sections (1) and (2) of section 24; (h) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.
1. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000).
2. Ins. by Act 2 of 2000, s. 13 (w.e.f. 24-1-2000). (1) Before
appointing any person as the Chairperson or member, the Central Government shall satisfy itself that the
person does not have any such financial or other interest as is likely to affect prejudicially his functions as
such member.
1[(2) The Chairperson and other members shall hold office for a term not exceeding three years, as the Central Government may notify in this behalf, from the date on which they enter upon their offices or until they attain the age of sixty-five years, whichever is earlier. (3) On the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000), a person appointed as Chairperson of the Authority and every other person appointed as member and holding office as such immediately before such commencement shall vacate their respective offices and such Chairperson and such other members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of the term of their offices or of any contract of service.] (4) The employee of the Government on his 2[selection as the Chairperson or whole-time member] shall have to retire from service before 3[joining as the Chairperson or a whole-time member, as the case may be.] (5) The salary and allowances payable to and the other terms and conditions of service of the Chairperson and 4[whole-time members] shall be such as may be prescribed. (6) The salary, allowances and other conditions of service of the Chairperson or of a member shall not be varied to his disadvantage after appointment. 5[(6A) The part-time members shall receive such allowances as may be prescribed.] (7) Notwithstanding anything contained in sub-section (2) 6***, a member may-- (a) relinquish his office by giving in writing to the Central Government notice of not less than three months; or (b) be removed from his office in accordance with the provisions of section 7. 7[(8) The Chairperson and the whole-time members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the Central Government, accept-- (a) any employment either under the Central Government or under any State Government; or (b) any appointment in any company in the business of telecommunication services.] (9) A vacancy caused to the office of the Chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs. 8* * * * *
1 Subs. by s. 6, ibid., for sub-sections (2) and (3) (w.e.f. 24-1-2000).
2 Subs. by s. 6, ibid., for "selection as member" (w.e.f. 24-1-2000). 3 Subs. by s. 6, ibid., for "joining as member" (w.e.f. 24-1-2000). 4 Subs. by Act 2 of 2000, s. 6, for "other members" (w.e.f. 24-1-2000). 5 Ins. by s. 6, ibid. (w.e.f. 24-1-2000). 6. The words, brackets and figure "or sub-section (3)" omitted by s. 6, ibid. (w.e.f. 24-1-2000). 7 Subs. by Act 20 of 2014, s. 2, for sub-section (8) (w.e.f. 28-5-2014). 8. The Explanation omitted by s. 2, ibid. (w.e.f. 28-5-2014). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
| ||||||||||||||||
Related Section(s)The Chairperson of the Tribunal shall
exercise such financial and administrative powers as may be vested in him under the rules made by the
Central Government:
Provided that the Chairperson may delegate such of his financial and administrative powers, as he may think fit, to any Judicial Member or Expert Member or officer of the Tribunal subject to the condition that the Member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the Chairperson. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (1) The Central Government shall determine the nature and categories of the
officers and other employees required to assist the Tribunal in the discharge of its functions.
(2) The recruitment of the officers and other employees of the Tribunal shall be made by the Chairperson in such manner as may be prescribed. (3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairperson. (4) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed. | ||||||||||||||||
Related Section(s)The books and papers of a
company which has been amalgamated with, or whose shares have been acquired by, another company
under this Chapter shall not be disposed of without the prior permission of the Central Government and
before granting such permission, that Government may appoint a person to examine the books and papers
or any of them for the purpose of ascertaining whether they contain any evidence of the commission of an
offence in connection with the promotion or formation, or the management of the affairs, of the transferor
company or its amalgamation or the acquisition of its shares.
1[434. Transfer of certain pending proceedings.--(1) On such date as may be notified by the
Central Government in this behalf,--
(a) all matters, proceedings or cases pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted under sub-section (1) of section 10E of the Companies Act, 1956 (1 of 1956), immediately before such date shall stand transferred to the Tribunal and the Tribunal shall dispose of such matters, proceedings or cases in accordance with the provisions of this Act; (b) any person aggrieved by any decision or order of the Company Law Board made before such date may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order: Provided that the High Court may if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and (c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any District Court or High Court, shall stand transferred to the Tribunal and the Tribunal may proceed to deal with such proceedings from the stage before their transfer: Provided that only such proceedings relating to the winding up of companies shall be transferred to the Tribunal that are at a stage as may be prescribed by the Central Government. 2[Provided further that only such proceedings relating to cases other than winding-up, for which orders for allowing or otherwise of the proceedings are not reserved by the High Courts shall be transferred to the Tribunal 3]Provided also that]-- (i) all proceedings under the Companies Act, 1956 other than the cases relating to winding up of companies that are reserved for orders for allowing or otherwise such proceedings; or (ii) the proceedings relating to winding up of companies which have not been transferred from the High Courts; shall be dealt with in accordance with provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959.] 4[Provided also that proceedings relating to cases of voluntary winding up of a company where notice of the resolution by advertisement has been given under sub-section (1) of section 485 of the Companies Act, 1956 but the company has not been dissolved before the 1st April, 2017 shall continue to be dealt with in accordance with provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959.] (2) The Central Government may make rules consistent with the provisions of this Act to ensure timely transfer of all matters, proceedings or cases pending before the Company Law Board or the courts, to the Tribunal under this section.]
1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for section 434 (w.e.f. 15-11-2016).
2. Ins. by Notification No. S.O. 3676(E), dated 7th December 2016 (w.e.f. 15-12-2016). 3. Subs. by Notification No. S.O. 2042(E), dated 29th June 2017 for "Provided further that" (w.e.f. 29-6-2017). 4. Ins., ibid. (w.e.f. 29-6-2017). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) salary, terms and conditions of service of Chairperson and Members other than ex officio Members under sub-section (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7; (b) qualifications of Food Safety Officer under sub-section (1) of section 37; (c) the manner of taking the extract of documents seized under sub-clause (8) of section 38; (d) determination of cases for referring to appropriate courts and time-frame for such determination under sub-section (4) of section 42; (e) qualifications of Food Analysts under section 45; (f) the manner of sending sample for analysis and details of the procedure to be followed in this regard under sub-section (1) of section 47; (g) the procedure to be followed in adjudication of cases under sub-section (1) of section 68; (h) qualifications, terms of office, resignation and removal of Presiding Officer under sub-section (4), the procedure of appeal and powers of Tribunal under sub-section (5) of section 70; (i) any other matter relating to procedure and powers of Tribunal under clause of sub-section (2) of section 71; (j) the fee to be paid for preferring an appeal to the High Court under sub-section (1) of section 76; (k) form and time of preparing budget under sub-section (1) of section 81; (l) form and statement of accounts under sub-section (1) of section 83; (m) the form and time for preparing annual report by Food Authority under sub-section (1) of section 84; and (n) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
1[1. Short title, extent and commencement.--(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends,-- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* * * * * (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date3 as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.]
1. Subs. by Act 19 of 1986, s. 2, for "any corporation owned or controlled by the Government" (w.e.f. 22-1-1986).
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3.1st July, 1985, vide notification No. G.S.R. 527(E), dated by 1st July, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(i). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)The Central Government may, by notification, direct that any of its
powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation
to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised
or discharged also by a Commissioner.
Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers; (b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers; (c) for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and (d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1 [(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981).
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Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the infrastructure facilities necessary for the development of the Special Economic Zones under clause (p) and services in the Special Economic Zones under clause (z) of section 2; (b) the period within which the person concerned shall obtain the concurrence of the State Government under sub-section (3) of section 3; (c) the form and the manner in which a proposal may be made and the particulars to be contained therein under sub-section (5) of section 3; (d) the period within which the State Government may forward the proposal together with its recommendation under sub-section (6) of section 3; (e) the requirements subject to which the Board may approve, modify or reject the proposal under sub-section (8) of section 3; (f) the period within which the grant of letter of approval shall be communicated to the State Government or Developer or entrepreneur under sub-section (10) of section 3; (g) the other requirements for notifying the specifically identified area in a State as a Special Economic Zone under sub-section (1) of section 4; (h) the terms, conditions and limitations subject to which the goods or services exported out of, or imported into, or procured from the Domestic Tariff Area to, a Special Economic Zone, be exempt from payment of taxes, duties, or cess under section 7; (i) the procedure for transfer of letter of approval in case of suspension of letter of approval of a Developer under clause (a) of sub-section (9) of section 10; (j) the form and the manner in which a proposal may be submitted and the particulars to be contained therein under sub-section (1) of section 15; (k) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 15; (l) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 15; (m) the procedure for disposing of an appeal under sub-section (7) of section 15; (n) the requirements (including the period for which a Unit may be set up) subject to which the proposal may be approved, modified or rejected under clause (a) of sub-section (8) of section 15; (o) the terms and conditions for the Unit subject to which it shall undertake authorised operations under clause (b) of sub-section (8) of section 15 and the obligations and entitlements of the Unit; (p) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 16; (q) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 16; (r) the procedure for disposing of an appeal under sub-section (7) of section 16; (s) the form and the manner in which an application may be made for setting up of an Offshore Banking Unit in a Special Economic Zone under sub-section (1) of section 17; (t) the requirements for setting up and operation of an International Financial Services Centre in a Special Economic Zone under sub-section (1) of section 18; (u) the requirements and terms and conditions subject to which a Unit in the International Financial Services Centre may be set up and operated in a Special Economic Zone under sub-section (2) of section 18; (v) the form of single application for obtaining any licence, permission or registration or approval under clause (a) of section 19; (w) the form of single return or information to be furnished by an entrepreneur or Developer under clause (c) of section 19; (x) the manner in which and the terms and conditions subject to which the exemptions, concessions, draw back or other benefits shall be granted to every Developer and entrepreneur under sub-section (2) of section 26; (y) the period during which any goods brought into, or services provided in, any Special Economic Zone shall remain or continue to be provided in such Unit or Special Economic Zone under section 28; (z) the terms and conditions subject to which transfer of ownership in any goods brought into, or produced or manufactured in, any Unit or Special Economic Zone, or removal thereof from such Unit or Zone, shall be allowed under section 29; (za) the conditions subject to which the Units shall be entitled to sell the goods manufactured in a Special Economic Zone to the Domestic Tariff Area under section 30; (zb) the term of office of the Members, other than ex officio Members, of every Authority and the manner of filling of vacancies under sub-section (6) of section 31; (zc) the manner in which and the conditions subject to which and the purposes for which any person may be associated under sub-section (7) of section 31; (zd) the times and the places of meetings and the procedure to be followed in the transaction of business at the meetings under sub-section (10) of section 31; (ze) the powers and the functions of every Development Commissioner under sub-section (1) of section 32; (zf) the method of appointment of officers and other employees of every Authority, conditions of their service and the scale of pay and allowances under sub-section (3) of section 32; (zg) the other functions to be performed by the Authority under clause (e) of sub-section (2) of section 34; (zh) the form in which the accounts and other relevant records of every Authority shall be maintained and annual statement of accounts shall be prepared under sub-section (1) of section 37; (zi) the form and the manner in which and the time at which every Authority shall furnish returns and statements and other particulars to the Central Government under sub-section (1) of section 39; (zj) the form in which and the date before which every Authority shall furnish to the Central Government the report of its activities, policy and programmes under sub-section (2) of section 39; (zk) the form in which and the particulars to be contained in the identity cards under section 46; (zl) any other matter which, is to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner of packing of goods entrusted to a railway administration under clause (b) of sub-section (1) of section 98; (b) the goods for the purposes of sub-section (3) of section 99; and (c) the maximum amount payable by the railway administration for the loss, destruction, damage, deterioration or non-delivery of any consignment under sub-section (1) of section 103. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the infrastructure facilities necessary for the development of the Special Economic Zones under clause (p) and services in the Special Economic Zones under clause (z) of section 2; (b) the period within which the person concerned shall obtain the concurrence of the State Government under sub-section (3) of section 3; (c) the form and the manner in which a proposal may be made and the particulars to be contained therein under sub-section (5) of section 3; (d) the period within which the State Government may forward the proposal together with its recommendation under sub-section (6) of section 3; (e) the requirements subject to which the Board may approve, modify or reject the proposal under sub-section (8) of section 3; (f) the period within which the grant of letter of approval shall be communicated to the State Government or Developer or entrepreneur under sub-section (10) of section 3; (g) the other requirements for notifying the specifically identified area in a State as a Special Economic Zone under sub-section (1) of section 4; (h) the terms, conditions and limitations subject to which the goods or services exported out of, or imported into, or procured from the Domestic Tariff Area to, a Special Economic Zone, be exempt from payment of taxes, duties, or cess under section 7; (i) the procedure for transfer of letter of approval in case of suspension of letter of approval of a Developer under clause (a) of sub-section (9) of section 10; (j) the form and the manner in which a proposal may be submitted and the particulars to be contained therein under sub-section (1) of section 15; (k) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 15; (l) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 15; (m) the procedure for disposing of an appeal under sub-section (7) of section 15; (n) the requirements (including the period for which a Unit may be set up) subject to which the proposal may be approved, modified or rejected under clause (a) of sub-section (8) of section 15; (o) the terms and conditions for the Unit subject to which it shall undertake authorised operations under clause (b) of sub-section (8) of section 15 and the obligations and entitlements of the Unit; (p) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 16; (q) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 16; (r) the procedure for disposing of an appeal under sub-section (7) of section 16; (s) the form and the manner in which an application may be made for setting up of an Offshore Banking Unit in a Special Economic Zone under sub-section (1) of section 17; (t) the requirements for setting up and operation of an International Financial Services Centre in a Special Economic Zone under sub-section (1) of section 18; (u) the requirements and terms and conditions subject to which a Unit in the International Financial Services Centre may be set up and operated in a Special Economic Zone under sub-section (2) of section 18; (v) the form of single application for obtaining any licence, permission or registration or approval under clause (a) of section 19; (w) the form of single return or information to be furnished by an entrepreneur or Developer under clause (c) of section 19; (x) the manner in which and the terms and conditions subject to which the exemptions, concessions, draw back or other benefits shall be granted to every Developer and entrepreneur under sub-section (2) of section 26; (y) the period during which any goods brought into, or services provided in, any Special Economic Zone shall remain or continue to be provided in such Unit or Special Economic Zone under section 28; (z) the terms and conditions subject to which transfer of ownership in any goods brought into, or produced or manufactured in, any Unit or Special Economic Zone, or removal thereof from such Unit or Zone, shall be allowed under section 29; (za) the conditions subject to which the Units shall be entitled to sell the goods manufactured in a Special Economic Zone to the Domestic Tariff Area under section 30; (zb) the term of office of the Members, other than ex officio Members, of every Authority and the manner of filling of vacancies under sub-section (6) of section 31; (zc) the manner in which and the conditions subject to which and the purposes for which any person may be associated under sub-section (7) of section 31; (zd) the times and the places of meetings and the procedure to be followed in the transaction of business at the meetings under sub-section (10) of section 31; (ze) the powers and the functions of every Development Commissioner under sub-section (1) of section 32; (zf) the method of appointment of officers and other employees of every Authority, conditions of their service and the scale of pay and allowances under sub-section (3) of section 32; (zg) the other functions to be performed by the Authority under clause (e) of sub-section (2) of section 34; (zh) the form in which the accounts and other relevant records of every Authority shall be maintained and annual statement of accounts shall be prepared under sub-section (1) of section 37; (zi) the form and the manner in which and the time at which every Authority shall furnish returns and statements and other particulars to the Central Government under sub-section (1) of section 39; (zj) the form in which and the date before which every Authority shall furnish to the Central Government the report of its activities, policy and programmes under sub-section (2) of section 39; (zk) the form in which and the particulars to be contained in the identity cards under section 46; (zl) any other matter which, is to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the compensation payable for death; (b) the nature of the injuries for which compensation shall be paid and the amount of such compensation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. (1) Subject to the provisions of this Act, the Central Government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) It shall be the duty of the Central Government to take all such steps
as may be necessary 1[for the conservation and systematic development of minerals in India and for the
protection of environment by preventing or controlling any pollution which may be caused by
prospecting or mining operations] and 2[for such purposes] the Central Government may, by notification
in the Official Gazette, make such rules as it thinks fit.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the opening of new mines and the regulation of mining operations in any area; (b) the regulation of the excavation or collection of minerals from any mine; (c) the measures to be taken by owners of mines for the purpose of beneficiation of ores, including the provision of suitable contrivances for such purpose; (d) the development of mineral resources in any area; (e) the notification of all new borings and shaft sinkings and the preservation of bore-hole records, and specimens of cores of alt new bore-holes; (f) the regulation of the arrangements for the storage of minerals and the stocks thereof that may be kept by any person; (g) the submission of samples of minerals from any mine by the owner thereof and the manner in which and the authority to which such samples shall be submitted; and the taking of samples of any minerals from any mine by the State Government or any other authority specified by it in that behalf; (h) the submission by owners of mines of such special or periodical returns and reports as may be specified, and the form in which and the authority to which such returns and reports shall be submitted; 3[(i) the regulation of prospecting operations; (j) the employment of qualified geologists or mining engineers to supervise prospecting or mining operations; (k) the disposal or discharge of waste slime or tailings arising from any mining or metallurgical operations carried out in a mine; (l) the manner in which and the authority by which directions may be issued to the owners of any mine to do or refrain from doing certain things in the interest of conservation or systematic development of minerals or for the protection of environment by preventing or controlling pollution which may be caused by prospecting or mining operations; (m) the maintenance and submission of such plans, registers or records as may be specified by the Government; (n) the submission of records or reports by persons carrying on prospecting or mining operations regarding any research in mining or geology carried out by them; (o) the facilities to be afforded by persons carrying out prospecting or mining operations to persons authorised by the Central Government for the purpose of undertaking research or training in matters relating to mining or geology; (p) the procedure for and the manner of imposition of fines for the contravention of any of the rules framed under this section and the authority who may impose such fines; and (q) the authority to which, the period within which, the form and the manner in which applications for revision of any order passed by any authority under this Act and the rules made thereunder may be made, the fee to be paid and the documents which should accompany such applications.] (3) All rules made under this section shall be binding on the Government.
1. Subs. by Act 37 of 1986, s. 15, for "for the conservation and development of minerals in India" (w.e.f. 10-2-1987).
2. Subs. by s. 15, ibid., for "for that purpose" (w.e.f. 10-2-1987). 3. Ins. by s. 15, ibid. (w.e.f. 10-2-1987). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1 [(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981).
| ||||||||||||||||
Related Section(s)The
Central Government may, by notification, in consultation with the Bureau,--
(a) specify the norms for processes and energy consumption standards for any equipment, 1 [appliance, vehicle, vessel, industrial unit, building or establishment which consumes, generates, transmits or supplies energy; ] (b) specify equipment or appliance 2 [or vehicle, vessel, industrial unit, building or establishment ] or class of equipments or appliances, as the case may be, for the purposes of this Act; 3[(c) prohibit manufacture or import of any equipment or appliance or vehicle or vessel specified under clause (b), unless it conforms to energy consumption standards specified under clause (a): Provided that an industrial unit specified under clause (b) shall close its operations unless it conforms to the norms for processes or energy consumption standards specified under clause (a): Provided further that from the date of notification of norms for processes and energy consumption standards under clause (a), no notification prohibiting such manufacture or import shall be issued–– (i) within a period of six months in the case of equipment or appliance or vehicle or vessel; and (ii) within a period of two years for closure of industrial unit: Provided also that the Central Government may, having regard to the market share and the technological development having impact on equipment or appliance or vehicle or vessel, and for reasons to be recorded in writing, extend the said period of six months referred to above, by a further period not exceeding six month;] (d) direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations; (e) specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, 4[any user or class of users of energy in the energy intensive industries and other establishments as specified in the Schedule as a designated consumer] for the purposes of this Act; (f) alter the list of Energy Intensive Industries 5[and other establishments ] specified in the Schedule; (g) establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary: Provided that the Central Government may prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed; (h) direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under clause (a), the Energy Intensive Industries 6and other establishments] specified in the Schedule to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (i) direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor; (j) specify the matters to be included for the purposes of inspection under sub-section (2) of section 17; (k) direct any designated consumer to furnish to the designated agency, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor; (l) direct any designated consumer to designate or appoint 7[energy auditor or energy manager ] in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of every financial year to the designated agency; (m) prescribe minimum qualification for 8[energy auditors and energy managers] to be designated or appointed under clause (l); (n) direct every designated consumer to comply with energy consumption norms and standards; (o) direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause (g), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view the economic viability of the investment in 9[such form, the time within which and the manner] as may be prescribed; (p) prescribe 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation in the building or building complex; (q) amend the 9[energy conservation and sustainable building codes] to suit the regional and local climatic conditions; (r) direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation; (s) direct, any designated consumer referred to in clause (r), if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (t) take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation; (u) arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation; (v) take steps to encourage preferential treatment for use of energy efficient equipment or appliances: 10 [(w) specify the carbon credit trading scheme; (x) specify minimum share of consumption of non-fossil sources by designated consumers as energy or feedstock, provided different share of consumption may be specified for different types of non-fossil sources for different designated consumers;] Provided that the powers under clauses (p) to (s) shall be exercised in consultation with the concerned State.
1. Subs. by Act 19 of 2022, s. 6, for “appliance” (w.e.f. 1-1-2023).
2. Ins. by s. 6, ibid. (w.e.f. 1-1-2023).
3. Subs. by s. 6, ibid., for clause (c) (w.e.f. 1-1-2023).
4. Subs. by Act 28 of 2010, s. 6, for “any user or class of users of energy as a designated consumer” (w.e.f. 24-8-2010). 5. Ins. by Act 19 of 2022, s. 6, (w.e.f. 1-1-2023). 6. Subs. by s. 6, ibid., for “energy manager” (w.e.f. 1-1-2023). 7. Subs. by Act 28 of 2010, s. 6, for “energy managers” (w.e.f. 24-8-2010). 8. Subs. by s. 6, ibid., for “such form and manner” (w.e.f. 24-8-2010). 9. Subs. by Act 19 of 2022, s. 6, for “energy conservation building codes” (w.e.f. 1-1-2023). 10. Ins. by s. 6, ibid. (w.e.f. 1-1-2023). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4; (b) the fee and allowances to be paid to the members under sub-section (5) of section 4; (c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9; (d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10; (e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13; (f) the energy consumption norms and standards for designated consumers under clause (g) of section 14; (g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14; (h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14; (i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14; (j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14; (k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14; (l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;; 3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A; (laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;] (m) the matters relating to inspection under sub-section (2) of section 17; (n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22; (o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23; (p) the form in which the accounts of the Bureau shall be maintained under section 25; (q) the manner of holding inquiry under sub-section (1) of section 27; (r) the form and fee for filing appeal under sub-section (2) of section 31; 3* * * * * (v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 28 of 2010, s. 13, for "energy managers" (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023). 3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010). 4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010). The State Government may, by notification, in consultation with the Bureau--
(a) amend the 1[energy conservation and sustainable building codes] to suit the regional and local climatic conditions and may, by rules made by it, specify and notify 1 [energy conservation and sustainable building codes] with respect to use of energy in the buildings 2 [and implement the same through building bye-laws of the State]; (b) direct every owner or occupier of a building or building complex being a designated consumer to comply with the provisions of the 1[energy conservation and sustainable building codes]; (c) direct, if considered necessary for efficient use of energy and its conservation, any designated consumer referred to in clause (b) to get energy audit conducted by an accredited energy auditor in such manner and at such intervals of time as may be specified by regulations; (d) designate any agency as designated agency to coordinate, regulate and enforce provisions of this Act within the State; (e) take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation; (f) arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation; (g) take steps to encourage preferential treatment for use of energy efficient equipment or appliances; (h) direct, any designated consumer to furnish to the designated agency, in such form and manner and within such period as may be specified by rules made by it, information with regard to the energy consumed by such consumer; 3[(ha) levy such fee as may be prescribed for the services rendered by the designated agency to promote efficient use of energy and its conservation under this Act;] (i) specify the matters to be included for the purposes of inspection under sub-section (2) of section 17.
1. Subs. by Act 19 of 2022, s. 9, for “energy conservation building codes” (w.e.f. 1-1-2023).
2. Ins. by s. 9, ibid. (w.e.f. 1-1-2023). 3. Ins. by s. 9, ibid. (w.e.f. 1-1-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s)(1) An application by a person, referred to in section 11
for grant of certificate or giving prior permission, shall be made to the Central Government in such form
and manner and along with such fee, as may be prescribed.
2[(1A) Every person who makes an application under sub-section (1) shall be required to open "FCRA Account" in the manner specified in section 17 and mention details of such account in his application.] (2) On receipt of an application under sub-section (1), the Central Government shall, by an order, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application. (3) If on receipt of an application for grant of certificate or giving prior permission and after making such inquiry as the Central Government deems fit, it is of the opinion that the conditions specified in sub-section (4) are satisfied, it may, ordinarily within ninety days from the date of receipt of application under sub-section (1), register such person and grant him a certificate or give him prior permission, as the case may be, subject to such terms and conditions as may be prescribed: Provided that in case the Central Government does not grant, within the said period of ninety days, a certificate or give prior permission, it shall communicate the reasons therefor to the applicant: Provided further that a person shall not be eligible for grant of certificate or giving prior permission, if his certificate has been suspended and such suspension of certificate continues on the date of making application. (4) The following shall be the conditions for the purposes of sub-section (3), namely: (a) the person making an application for registration or grant of prior permission under sub-section (1), (i) is not fictitious or benami; (ii) has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another; (iii) has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country; (iv) has not been found guilty of diversion or mis-utilisation of its funds; (v) is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends; (vi) is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes; (vii) has not contravened any of the provisions of this Act; (viii) has not been prohibited from accepting foreign contribution; (b) the person making an application for registration under sub-section (1) has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilised; (c) the person making an application for giving prior permission under sub-section (1) has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised; (d) in case the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence pending against him; (e) in case the person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him; (f) the acceptance of foreign contribution by the person referred to in sub-section (1) is not likely to affect prejudicially (i) the sovereignty and integrity of India; or (ii) the security, strategic, scientific or economic interest of the State; or (iii) the public interest; or (iv) freedom or fairness of election to any Legislature; or (v) friendly relation with any foreign State; or (vi) harmony between religious, racial, social, linguistic, regional groups, castes or communities; (g) the acceptance of foreign contribution referred to in sub-section (1),-- (i) shall not lead to incitement of an offence; (ii) shall not endanger the life or physical safety of any person. (5) Where the Central Government refuses the grant of certificate or does not give prior permission, it shall record in its order the reasons therefor and furnish a copy thereof to the applicant: Provided that the Central Government may not communicate the reasons for refusal for grant of certificate or for not giving prior permission to the applicant under this section in cases where there is no obligation to give any information or documents or records or papers under the Right to Information Act, 2005 (22 of 2005). (6) The certificate granted under sub-section (3) shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution proposed to be received, as the case may be.
1. Ins. by s. 6, ibid. (w.e.f. 29-9-2020).
(1) Every person who has been granted a certificate or given prior approval under
this Act shall give, within such time and in such manner as may be prescribed, an intimation to the
Central Government, and such other authority as may be specified by the Central Government, as to the
amount of each foreign contribution received by it, the source from which and the manner in which such
foreign contribution was received, and the purposes for which, and the manner in which such foreign
contribution was utilised by him.
(2) Every person receiving foreign contribution shall submit a copy of a statement indicating therein the particulars of foreign contribution received duly certified by officer of the bank or authorised person in foreign exchange and furnish the same to the Central Government along with the intimation under sub-section (1). (1) Every person who has been granted a certificate under section 12
shall have such certificate renewed within six months before the expiry of the period of the certificate.
1[Provided that the Central Government may, before renewing the certificate, make such inquiry, as it deems fit, to satisfy itself that such person has fulfilled all conditions specified in sub-section (4) of section 12.] (2) The application for renewal of the certificate shall be made to the Central Government in such form and manner and accompanied by such fee as may be prescribed. (3) The Central Government shall renew the certificate, ordinarily within ninety days from the date of receipt of application for renewal of certificate subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years: Provided that in case the Central Government does not renew the certificate within the said period of ninety days, it shall communicate the reasons therefor to the applicant: Provided further that the Central Government may refuse to renew the certificate in case where a person has violated any of the provisions of this Act or rules made thereunder.
1. The proviso ins. by s. 11, ibid. (w.e.f 29-9-2020).
1[17. Foreign contribution through scheduled bank.--(1) Every person who has been granted
certificate or prior permission under section 12 shall receive foreign contribution only in an account
designated as "FCRA Account" by the bank, which shall be opened by him for the purpose of remittances
of foreign contribution in such branch of the State Bank of India at New Delhi, as the Central
Government may, by notification, specify in this behalf:
Provided that such person may also open another"FCRA Account" in any of the scheduled bank of his choice for the purpose of keeping or utilising the foreign contribution which has been received from his "FCRA Account" in the specified branch of State Bank of India at New Delhi: Provided further that such person may also open one or more accounts in one or more scheduled banks of his choice to which he may transfer for utilising any foreign contribution received by him in his "FCRA Account" in the specified branch of the State Bank of India at New Delhi or kept by him in another "FCRA Account" in a scheduled bank of his choice: Provided also that no funds other than foreign contribution shall be received or deposited in any such account. (2) The specified branch of the State Bank of India at New Delhi or the branch of the scheduled bank where the person referred to in sub-section (1) has opened his foreign contribution account or the authorised person in foreign exchange, shall report to such authority as may be specified-- (a) the prescribed amount of foreign remittance; (b) the source and manner in which the foreign remittance was received; and (c) other particulars, in such form and manner as may be prescribed.]
1. Subs. by Act 33 of 2020, s. 12, for section 17 (w.e.f. 29-9-2020).
Where the
Central Government is satisfied, after making such inquiry as it may deem fit, that any person has in his
custody or control any article or currency or security, whether Indian or foreign, which has been accepted
by such person in contravention of any of the provisions of this Act, it may, by order in writing, prohibit
such person from paying, delivering, transferring or otherwise dealing with, in any manner whatsoever,
such article or currency or security save in accordance with the written orders of the Central Government
and a copy of such order shall be served upon the person so prohibited in the prescribed manner, and
thereupon the provisions of sub-sections (2), (3), (4) and (5) of section 7 of the Unlawful Activities
(Prevention) Act, 1967 (37 of 1967) shall, so far as may be, apply to, or in relation to, such article or
currency or security and references in the said sub-sections to moneys, securities or credits shall be
construed as references to such article or currency or security.
Every candidate for election, who had received any
foreign contribution, at any time within one hundred and eighty days immediately preceding the date on
which he is duly nominated as such candidate, shall give, within such time and in such manner as may be
prescribed, an intimation to the Central Government or prescribed authority or both as to the amount of
foreign contribution received by him, the source from which, and the manner in which, such foreign
contribution was received and the purposes for which and the manner in which such foreign contribution
was utilised by him.
(1) Save as otherwise provided in
this Act, no person having a definite cultural, economic, educational, religious or social programme shall
accept foreign contribution unless such person obtains a certificate of registration from the Central
Government:
Provided that any association registered with the Central Government under section 6 or granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976), as it stood immediately before the commencement of this Act, shall be deemed to have been registered or granted prior permission, as the case may be, under this Act and such registration shall be valid for a period of five years from the date on which this section comes into force. (2) Every person referred to in sub-section (1) may, if it is not registered with the Central Government under that sub-section, accept any foreign contribution only after obtaining the prior permission of the Central Government and such prior permission shall be valid for the specific purpose for which it is obtained and from the specific source: 1[Provided that the Central Government, on the basis of any information or report, and after holding a summary inquiry, has reason to believe that a person who has been granted prior permission has contravened any of the provisions of this Act, it may, pending any further inquiry, direct that such person shall not utilise the unutilised foreign contribution or receive the remaining portion of foreign contribution which has not been received or, as the case may be, any additional foreign contribution, without prior approval of the Central Government: Provided further that if the person referred to in sub-section (1) or in this sub-section has been found guilty] of violation of any of the provisions of this Act or the Foreign Contribution (Regulation) Act, 1976 (49 of 1976), the unutilised or unreceived amount of foreign contribution shall not be utilised or received, as the case may be, without the prior approval of the Central Government. (3) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, specify (i) the person or class of persons who shall obtain its prior permission before accepting the foreign contribution; or (ii) the area or areas in which the foreign contribution shall be accepted and utilised with the prior permission of the Central Government; or (iii) the purpose or purposes for which the foreign contribution shall be utilised with the prior permission of the Central Government; or/ (iv) the source or sources from which the foreign contribution shall be accepted with the prior permission of the Central Government.
1. Subs. by Act 33 of 2020, s. 5, for certain words (w.e.f. 29-9-2020).
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Related Section(s)The Chairperson of the Tribunal shall
exercise such financial and administrative powers as may be vested in him under the rules made by the
Central Government:
Provided that the Chairperson may delegate such of his financial and administrative powers, as he may think fit, to any Judicial Member or Expert Member or officer of the Tribunal subject to the condition that the Member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the Chairperson. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (1) The Central Government shall determine the nature and categories of the
officers and other employees required to assist the Tribunal in the discharge of its functions.
(2) The recruitment of the officers and other employees of the Tribunal shall be made by the Chairperson in such manner as may be prescribed. (3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairperson. (4) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
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Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- 1* * * * * 2* * * * * 3[(aaa) t the conditions and manner of foreign investment under sub-clause (b) of clause (7A) of section 2;] 4[(b) the manner in which it shall be determined which of the transactions of an insurer are to be deemed for the purposes of this Act to be insurance business transacted 5*** in 6[India] 7***;] 8* * * * * (d) the form referred to in clause (d) of sub-section (2) of section 16; (e) the manner in which the prospectuses and tables referred to in sub-section (1) of section 41 shall be published and the form in which they shall be drawn up; 9* * * * * 10* * * * * (h) the contingencies other than those specified in clauses (a) to (f) of 11[sub-section (2) of] section 65 on the happening of which money may be paid by provident societies; (i) the matters other than those specified in clauses (a) to (o) of sub-section (1) of section 74 on which a provident society shall make rules; (j) the form of any account, return or registered required by the Part III and the manner in which such account, return or register shall be verified; (k) subject to the provisions of this Act, the fees payable thereunder and the manner in which they are to be collected; 12***. (l) the conditions and the matters which may be prescribed under sub-sections (5), 13[(6)], (10) and (12) of section 92; 14[(la) the manner of inquiry under sub-section (l) of section 105C; (lb) the form in which an appeal may be preferred under sub-section (2) and the fee payable in respect of such appeal and the procedure for filing and disposing of an appeal under sub-section (6) of section 110;] 15* * * * * 16[(m) any other matter which is to be or may be prescribed.] 17* * * * * 18[(3) Every rule made under this section or under sub-section (10) of section 34H 19*** and every regulation made under this Part 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation.] 20[(4)] All rules made by a Local Government under the provisions of section 24 of the Provident Insurance Societies Act, 1912 (5 of 1912) and in force at the commencement of this Act shall so far as not inconsistent with the provisions of Part III continue in force and have effect as if duly made under this section until they are replaced by rules made under this section.
1. Clause (a) omitted by Act 42 of 2002, s. 16 (w.e.f. 23-9-2002).
2. Clause (aa) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 3. Subs. by Act 6 of 2021, s. 4, for clause (aaa) (w.e.f. 1-4-2021). 4. Subs. by Act 13 of 1941, s. 62, for clause (b) (w.e.f. 8-4-1941). 5. The words in India or omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 6. Subs. by s. 2 and the Schedule, ibid., for the States (w.e.f. 1-11-1956) 7. The words as the case may be omitted by Act s. 2 and the Schedule, ibid., (w.e.f. 1-11-1956). 8. Clause (c) omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 9. Clause (f) omitted by s. 100, ibid. (w.e.f. 26-12-2014). 10. Clause (g) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). 11. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 12. The word and omitted by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 13. Ins. by Act 11 of 1939, s. 32. 14. Ins. by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 15. Clause (ll) omitted by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). 16. Ins. by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). 17. The proviso omitted by ibid, s. 16 (w.e.f. 10-4-1940). 18. Subs. by Act 20 of 1983, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-3-1984). 19. The words, brackets, figures and letters or under sub-section (1) of section 64UB and every regulation made under sub-section (3) of section 64UB omitted by Act 5 of 2015, s. 100 (w.e.f. 26-12-2014). 20@. Sub-section (3) re-numbered as sub-section (4) thereof by Act 20 of 1940, s. 16 (w.e.f. 10-4-1940). (1) This Act may be called the Insurance Act, 1938.
1[(2) It extends to the whole of India 2***.] (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
1. Subs. by Act 47 of 1950, s. 2, for sub-section (2) (w.e.f. 1-6-1950).
2. The words "except the State of Jammu and Kashmir" omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 3. 1st July, 1939: see notification no. 589-(4)/38, dated the 1st April, 1939, Gazette of India, 1939, Pt. I, p. 631. In this Act, unless there is anything repugnant in the subject or context, --
1[(1) actuary means an actuary as defined in clause (a) of sub-section (1) of section 2 of the Actuaries Act, 2006 (35 of 2006); (1A) Authority means the Insurance Regulatory and Development Authority of India established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] 2[(2) policy-holder includes a person to whom the whole of the interest of the policy-holder in the policy is assigned once and for all, but does not include an assignee thereof whose interest in the policy is defeasible or is for the time being subject to any condition ;] 3[(3) approved securities means-- (i) Government securities and other securities charged on the revenues of the Central Government or of the Government of a 4*** State or guaranteed fully as regards principal and interest by the Central Government, or the Government of any 2*** State ; (ii) debentures or other securities for money issued under the authority of any Central Act or Act of a State Legislature by or on behalf of a port trust or municipal corporation or city improvement trust in any presidency-town ; (iii) shares of a corporation established by law and guaranteed fully by the Central Government or the Government of a 5*** State as to the repayment of the principal and the payment of dividend ; (iv) securities issued or guaranteed fully as regards principal and interest by the Government of any Part B State and specified as approved securities for the purposes of this Act by the Central Government by notification in the Official Gazette ; and 6* * * * * Provided that securities or debentures specified in item (v) shall be recognished as approved securities only for such purposes and for such period and subject to such conditions as may be prescribed ;] 7[Explanation. -- In sub-clauses (i) and (iii), Government of a State in relation to any period before the 1st November, 1956, means the Government of a Part A State.] 8[(4) auditor means a person qualified under the Chartered Accountants Act, 1949 (38 of 1949), to act as an auditor of companies;] 9[(4A) banking company and company shall have the meanings respectively assigned to them in clauses (c) and (d) of sub-section (1) of section 5 of the Banking Companies Act, 1949 (10 of 1949) 10***;] (5) certified in relation to any copy or translation of a document required to be furnished by or on behalf of 11[an insurer or a provident society as defined in Part III] means certified by a principal officer of 12[such insurer or provident society] to be a true copy or a correct translation, as the case may be; 13* * * * * 14[(5B) Controller of Insurance means the officer appointed by the Central Government under section 2B to exercise all the powers, discharge the functions and perform the duties of the Authority under this Act or the Life Insurance Corporation Act, 1956 (31 of 1956) or the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] (6) Court means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction; 15[(6A) fire insurance business means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence customarily included among the risks insured against in fire insurance policies; (6B) general insurance business means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them;] 16[(6C) health insurance business means the effecting of contracts which provide for sickness benefits or medical, surgical or hospital expense benefits, whether in-patient or out-patient travel cover and personal accident cover;] 17[(7) Government security means a Government security as defined in the Public Debt Act, 1944 (18 of 1944);] 18[(7A) Indian insurance company means any insurer, being a company which is limited by shares, and, -- (a) which is formed and registered under the Companies Act, 2013 (18 of 2013) as a public company or is converted into such a company within one year of the commencement of the Insurance Laws (Amendment) Act, 2015 (5 of 2015); 19[(b) in which the aggregate holdings of equity shares by foreign investors including portfolio investors, do not exceed seventy-four per cent. of the paid-up equity capital of such Indian insurance company, and the foreign investment in which shall be subject to such conditions and manner, as may be prescribed. ] Explanation. --For the purposes of this sub-clause, the expression control shall include the right to appoint a majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements; (c) whose sole purpose is to carry on life insurance business or general insurance business or re-insurance business or health insurance business;] 20* * * * * 21[(8A) insurance co-operative society means any insurer being a co-operative society, -- (a) which is registered on or after the commencement of the Insurance (Amendment) Act, 2002 (42 of 2002), as a co-operative society under the Co-operative Societies Act, 1912 (2 of 1912) or under any other law for the time being in force in any State relating to Co-operative Societies or under the Multi-State Co-operative Societies Act, 1984 (51 of 1984); 22[(b) having a minimum paid-up capital of rupees one hundred crore in case of life insurance business, general insurance business and health insurance business;] (c) in which no body corporate, whether incorporated or not, formed or registered outside India, either by itself or through its subsidiaries or nominees, at any time, holds more than twenty-six per cent of the capital of such Co-operative Society; (d) whose sole purpose is to carry on life insurance business or general insurance business 23[or health insurance business] in India;] 24[(9) insurer means-- (a) an Indian Insurance Company, or (b) a statutory body established by an Act of Parliament to carry on insurance business, or (c) an insurance co-operative society, or (d) a foreign company engaged in re-insurance business through a branch established in India. Explanation. -- For the purposes of this sub-clause, the expression foreign company shall mean a company or body established or incorporated under a law of any country outside India and includes Lloyd's established under the Lloyd's Act, 1871 (United Kingdom) or any of its Members;] (10) insurance agent means an insurance agent 25*** 26*** who receives or agrees to receive payment by way of commission or other remuneration in consideration of his soliciting or procuring insurance business 27[including business relating to the continuance, renewal or revival of policies of insurance]; 28[(10A) investment company means a company whose principal business is the acquisition of shares, stocks, debentures or other securities ;] 29[(10B) intermediary or insurance intermediary shall have the meaning assigned to it in clause (f) of sub-section (1) of section 2 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);] 30[(11) life insurance business means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, and any contract which is subject to payment of premiums for a term dependent on human life and shall be deemed to include-- (a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance, (b) the granting of annuities upon human life ; and (c) the granting of superannuation allowances and 31[benefit payable out of any fund] applicable solely to the relief and maintenance of persons engaged or who have been engaged in any particular profession, trade or employment or of the dependents of such persons ;] 32[Explanation. -- For the removal of doubts, it is hereby declared that life insurance business shall include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a component of investment and a component of insurance issued by an insurer referred to in clause (9) of this section.] 33* * * * * 32* * * * * 34[(13A) marine insurance business means the business of effecting contracts of insurance upon vessels of any description, including cargoes, freights and other interests which may be legally insured, in or in relation to such vessels, cargoes and freights, goods, wares, merchandise and property of whatever description insured for any transit by land or water, or both, and whether or not including warehouse risks or similar risks in addition, or as incidental to such transit, and includes any other risks customarily included among the risks insured against in marine insurance policies ; (13B) miscellaneous insurance business means the business of effecting contracts of insurance which is not principally or wholly of any kind or kinds included in clauses (6A), (11) and (13A);] 35[(13BA) National Company Law Tribunal means the National Company Law Tribunal constituted under section 10FB of the Companies Act, 1956 (1 of 1956); (13BB) the National Company Law Appellate Tribunal means the National Company Law Appellate Tribunal constituted under sub-section (1) of section 10FR of the Companies Act, 1956 (1 of 1956);] (14) prescribed means prescribed by rules made under 36[this Act]; and 37* * * * * 38* * * * * (16) private company and public company have the meanings respectively assigned to them in 39[clause (68) and clause (72) of section 2 of the Companies Act, 2013 (18 of 2013)]; 40[(16A) regulations means the regulations framed by the Insurance Regulatory and Development Authority of India established under the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (16B) re-insurance means the insurance of part of one insurers risk by another insurer who accepts the risk for a mutually acceptable premium; (16C) Securities Appellate Tribunal means the Securities Appellate Tribunal established under section 15K of the Securities and Exchange Board of India Act, 1992 (15 of 1992);] 41 * * * * *
1. Subs. by Act 5 of 2015, s. 3, for clauses (1) and (1A) (w.e.f. 26-12-2014).
2. Subs. by Act 6 of 1946, s. 2, for clause (2) (w.e.f. 20-3-1946). 3. Subs. by Act 47 of 1950, s. 3, for clause (3) (w.e.f. 1-6-1950). 4. The words Part A omitted by the Adaptation of Laws (No. 3) Order, 1956. 5. The word Part A omitted by the Adaptation of Laws (No. 3) Order, 1956. 6. Sub-clause (v) omitted by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002). 7. Ins. by The Adaptation of Laws (No. 3) order 1956. 8. Subs. by Act 47 of 1950, s. 3 for clause 4 (w.e.f. 1-6-1950). 9. Ins. by s. 3, ibid, (w.e.f. 1-6-1950). 10. Now renamed as Banking Regulation Act, 1949 (10 of 1949). 11. Subs. by Act 13 of 1941, s. 2, for an insurer (w.e.f. 8-4-1941). 12. Subs. by s. 2, ibid, for the insurer (w.e.f. 8-4-1941). 13. Clause (5A) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 14. Subs. by Act 41 of 1999, s. 30 and the First Schedule (w.e.f. 19-4-2000). Earlier it was inserted by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 15. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 16. Ins. by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 17. Subs. by Act 47 of 1950, s. 3, for clause (7) (w.e.f. 1-6-1950). 18. Subs. by Act 5 of 2015, s. 3, for clause (7A) (w.e.f. 26-12-2014). 19. Subs. by Act 6 of 2021, s. 2, for sub-clause (b) (w.e.f. 1-4-2021). 20. Clause (8) omitted by s. 3, ibid. (w.e.f. 26-12-2014). 21. Ins. by Act 42 of 2002, s. 2 (w.e.f. 9-8-2002). 22. Subs. by Act 5 of 2015, s. 3, for sub-clause (b) (w.e.f. 26-12-2014). 23. Ins. by s. 3, ibid. (w.e.f. 26-12-2014). 24. Subs. by s. 3, ibid., for clause (9) (w.e.f. 26-12-2014). 25. The words and figures licensed under section 42 omitted by s. 3, ibid. (w.e.f. 26-12-2014). 26. The words being an individual omitted by Act 35 of 1957, s. 2 (w.e.f. 1-9-1957). 27. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 28. Ins. by Act 42 of 2002, s. 2 (w.e.f. 23-9-2002). 29. Subs. by Act 47 of 1950, s. 2, for clause (11) (w.e.f. 23-9-2002). 30. Subs. by Act, 5 of 2015, s. 3, for annuities payable out of any fund ( w.e.f. 26-12-2014). 31. Ins. by Act 26 of 2010, s. 3 (w.e.f. 9-4-2010). 32. Clause (12) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 33. Clause (13) omitted by s. 3, ibid. (w.e.f. 26-12-2014). 34. Ins. by Act 47 of 1950, s. 3 (w.e.f. 1-6-1950). 35.. Ins. by Act 11 of 2003, s. 133 and the Schedule (w.e.f. 1-4-2003). 36.. Subs. by Act 41 of 1999, s. 30 and the First Schedule, for section 114 (w.e.f. 19-4-2000). 37. Clause (14A) omitted by Act 62 of 1956, s. 2 and the Schedule (w.e.f. 1-11-1956). 38. Clause (15) omitted by Act 5 of 2015, s. 3 (w.e.f. 26-12-2014). 39. Subs. by Act 5 of 2015, s. 3 for clauses (13) and (13A) of section 2 of the Indian Companies Act, 1913 (7 of 1913) (w.e.f. 26-12-2014). 40. Ins. by s. 3, ibid. (w.e.f. 26-12-2014). 41. Clause (17) omitted by s. 3, ibid. (w.e.f. 26-12-2014). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salary and allowances payable to and the other conditions of service of the Chairperson and whole-time members under sub-section (3) of section 5; (b) the allowances payable to part-time members under sub-section (4) of section 5; (c) the additional functions which may be performed by the Authority under clause (p) of sub-section (2) of section 14; (d) any other matter in respect of which the Authority may exercise the powers of a civil court under clause (v) of sub-section (3) of section 14; (e) the procedure to be followed by the authorised officer under sub-section (10) of section 17; (f) the form and manner in which an appeal may be filed before the Securities Appellate Tribunal and the fee which shall accompany such appeal, under sub-section (2) of section 36; (g) the procedure to be followed by the Securities Appellate Tribunal in dealing with an appeal, under sub-section (6) of section 36; (h) the form in which annual statement of accounts shall be maintained by the Authority under sub-section (1) of section 42; (i) the time within which and the form and manner in which returns and reports are to be made by the Authority to the Central Government under sub-section (1) of section 46; (j) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in any other law for the time
being in force, the Central Government shall appoint by notification, a list of assessors with such
qualifications and experience in admiralty and maritime matters, the nature of duties to be performed by
them, the fees to be paid to them and other ancillary or incidental matters for the purposes of this Act, in
the manner as may be prescribed.
(2) The appointment of assessors shall not be construed as a bar to the examination of expert witnesses by any of the parties in any admiralty proceeding. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the rules may provide for all or any of the following matters, namely:— (a) the qualification, experience, nature of duties and fee to be paid to the assessors and other ancillary or incidental matters under sub-section (1) of section 13; (b) the practice and procedure of admiralty jurisdiction under this Act including fees, costs and expenses in such proceedings; and (c) any other matter which is required to be, or may be, prescribed. (3) Until rules are made under sub-section (2) by the Central Government, all rules for the time being in force governing the exercise of admiralty jurisdiction in the High Courts shall be applicable. (4) Every rule made under this Act shall be laid, as soon as may be after the rule is made, or notification issued before each House of Parliament while it is in session for a total period of thirty days 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 agree that the rule or notification should not be made or issued, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government shall, by notification in the Official
Gazette, constitute, for every Special Economic Zone established by it before the commencement of this
Act or which may be established after such commencement by the Central Government, an Authority to
be called the ...... (name of the Special Economic Zone) Authority to exercise the powers conferred on,
and discharge the functions assigned to, it under this Act:
Provided that in respect of existing Special Economic Zones established by the Central Government, such Authority shall be constituted by the Central Government within six months from the date of commencement of this Act: Provided further that until such Authority is constituted, the person or the authority (including the Development Commissioner) exercising control over such existing Special Economic Zones shall continue to exercise such control over the Special Economic Zone till the Authority is constituted. (2) Every Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with a power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue and be sued. (3) The head office of every Authority shall be at such place as the Central Government may specify in the notification referred to in sub-section (1). (4) Any Authority may, with the previous approval of the Central Government, establish branch offices at other places in India. (5) Every Authority shall consist of-- (a) the Development Commissioner of the Special Economic Zone over which the Authority exercises its jurisdiction--Chairperson, ex officio; (b) two officers of the Central Government to be nominated by that Government having knowledge of, or experience in, dealing with matters relating to Special Economic Zones--Members, ex officio; (c) an officer of the Government of India in the Ministry or Department dealing with commerce on matters relating to Special Economic Zone--Member, ex officio; (d) not more than two persons, being entrepreneurs or their nominee, to be nominated by the Central Government--Members, ex officio; (6) The term of office of the Members of an Authority (other than ex officio Members) and the manner of filling of vacancies shall be such as may be prescribed. (7) An Authority may associate with itself in such manner, subject to such conditions and for such purposes as may be prescribed, any person whose assistance or advice it requires in discharging its functions effectively and that person shall be entitled to receive such allowances or fees as may be fixed by the Authority. (8) One-third of the total Members of the Authority shall form a quorum, and all the acts of the Authority shall be decided by a majority of the Members present. (9) No act or proceeding of an Authority shall be invalidated merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as a Member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. (10) Every Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be prescribed. (1) There shall be established by every Authority a
Fund to be called the.......... (the name of the Special Economic Zone concerned) Authority Fund and there
shall be credited thereto--
(a) all sums of money, which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide to the Authority; (b) all grants or loans that may be made to the Authority under this Act; (c) all sums received on account of user or service charges or fees or rent for the use of properties belonging to the Authority; (d) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for meeting-- (a) the salaries, allowances and other remuneration of the members, officers and other employees of the Authority; (b) the expenses of the Authority in the discharge of its functions under section 34; (c) the repayment of any loan; (d) the expenses on objects and for purposes authorised by this Act; (e) any other administrative expenses of the Authority. (1) It shall be
lawful for the Central Government to transfer to each Authority, by order, and with effect from such date
or dates, as may be specified in the order, any officer or other employee holding office as such (except
officers or other employees on deputation) in the existing Special Economic Zone concerned:
Provided that the scale of pay of the post to which such officer or other employee is transferred shall not be lower than the scale of pay of the post which he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer: Provided further that if, immediately before the date of his transfer, any such officer or other employee is officiating in a higher post under the Central Government either in a leave vacancy or in any vacancy of a specified duration, his pay and other allowances, if any, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Central Government to which he would have reverted but for his transfer to the Authority. (2) If any question arises as to whether the prescribed terms and conditions of service in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the Authority, the decision of the Central Government in the matter shall be final. Every Authority shall be bound to carry out such
directions as may be issued to it from time to time by the Central Government for the efficient
administration of this Act.
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Related Section(s)(1) The Administrator may make rules for carrying out the purposes of
this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) recruitment to, and the pay, allowance and all other conditions of service of the members of, the Delhi police under clause (b) of section 5; (b) the manner of publication, under sub-section (2) of section 17, by the Commissioner of Police, of the names of special police officers appointed under that section; (c) awarding of any of the punishments referred to in sub-section (1) or sub-section (2) of section 21 to any police officer of subordinate rank; (d) procedure for awarding punishments under section 22; (e) form of Discharge Certificate under sub-section (8) of section 25; (f) determination of the cost of employing additional police under sub-section (2) of section 38; (g) manner of taking measurements and photographs under section 55 of a person against whom an order has been made under section 46, section 47 or section 48; (h) manner of constituting Defence Societies under sub-section (1) of section 58; (i) form of receipt to be given in respect of any article detained under section 62; (j) the authority to whose satisfaction claims are to be established under sub-section (2) of section 69 and the form and manner in which claims may be made under that sub-section, the procedure for dealing with such claims and all other matters connected therewith under sub-section(3) of that section; (k) payment to any police officer or division among two or more police officers the whole or any portion of any reward, forfeiture or penalty, under the proviso to section 132; (l) any other matter which has to be, or may be, prescribed, or provided for by rules, under this Act. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. .(1) For the purposes of this Part, the word
"company" includes any partnership firm, limited liability partnership, cooperative society, society or any
other business entity formed under any other law for the time being in force which applies for registration
under this Part.
(2) With the exceptions and subject to the provisions contained in this section, any company formed, whether before or after the commencement of this Act, in pursuance of any Act of Parliament other than this Act or of any other law for the time being in force or being otherwise duly constituted according to law, and consisting of 1[two or more members], may at any time register under this Act as an unlimited company, or as a company limited by shares, or as a company limited by guarantee, in such manner as may be prescribed and the registration shall not be invalid by reason only that it has taken place with a view to the company's being wound up: Provided that-- (i) a company registered under the Indian Companies Act, 1882 (6 of 1882) or under the Indian Companies Act, 1913 (7 of 1913) or the Companies Act, 1956 (1 of 1956), shall not register in pursuance of this section; (ii) a company having the liability of its members limited by any Act of Parliament other than this Act or by any other law for the time being in force, shall not register in pursuance of this section as an unlimited company or as a company limited by guarantee; (iii) a company shall be registered in pursuance of this section as a company limited by shares only if it has a permanent paid-up or nominal share capital of fixed amount divided into shares, also of fixed amount, or held and transferable as stock, or divided and held partly in the one way and partly in the other, and formed on the principle of having for its members the holders of those shares or that stock, and no other persons; (iv) a company shall not register in pursuance of this section without the assent of a majority of such of its members as are present in person, or where proxies are allowed, by proxy, at a general meeting summoned for the purpose; (v) where a company not having the liability of its members limited by any Act of Parliament or any other law for the time being in force is about to register as a limited company, the majority required to assent as aforesaid shall consist of not less than three-fourths of the members present in person, or where proxies are allowed, by proxy, at the meeting; (vi) where a company is about to register as a company limited by guarantee, the assent to its being so registered shall be accompanied by a resolution declaring that each member undertakes to contribute to the assets of the company, in the event of its being wound up while he is a member, or within one year after he ceases to be a member, for payment of the debts and liabilities of the company or of such debts and liabilities as may have been contracted before he ceases to be a member, and of the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves, such amount as may be required, not exceeding a specified amount. 2[(vii) a company with less than seven members shall register as a private company.] (3) In computing any majority required for the purposes of sub-section (1), when a poll is demanded, regard shall be had to the number of votes to which each member is entitled according to the regulations of the company.
1. Subs. by Act 1 of 2018, s. 75, for "seven or more members" (w.e.f. 15-8-2018).
2. Ins. by s. 75, ibid. (w.e.f. 15-8-2018). | ||||||||||||||||
Related Section(s)The books and papers of a
company which has been amalgamated with, or whose shares have been acquired by, another company
under this Chapter shall not be disposed of without the prior permission of the Central Government and
before granting such permission, that Government may appoint a person to examine the books and papers
or any of them for the purpose of ascertaining whether they contain any evidence of the commission of an
offence in connection with the promotion or formation, or the management of the affairs, of the transferor
company or its amalgamation or the acquisition of its shares.
1[434. Transfer of certain pending proceedings.--(1) On such date as may be notified by the
Central Government in this behalf,--
(a) all matters, proceedings or cases pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted under sub-section (1) of section 10E of the Companies Act, 1956 (1 of 1956), immediately before such date shall stand transferred to the Tribunal and the Tribunal shall dispose of such matters, proceedings or cases in accordance with the provisions of this Act; (b) any person aggrieved by any decision or order of the Company Law Board made before such date may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order: Provided that the High Court may if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and (c) all proceedings under the Companies Act, 1956 (1 of 1956), including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any District Court or High Court, shall stand transferred to the Tribunal and the Tribunal may proceed to deal with such proceedings from the stage before their transfer: Provided that only such proceedings relating to the winding up of companies shall be transferred to the Tribunal that are at a stage as may be prescribed by the Central Government. 2[Provided further that only such proceedings relating to cases other than winding-up, for which orders for allowing or otherwise of the proceedings are not reserved by the High Courts shall be transferred to the Tribunal 3]Provided also that]-- (i) all proceedings under the Companies Act, 1956 other than the cases relating to winding up of companies that are reserved for orders for allowing or otherwise such proceedings; or (ii) the proceedings relating to winding up of companies which have not been transferred from the High Courts; shall be dealt with in accordance with provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959.] 4[Provided also that proceedings relating to cases of voluntary winding up of a company where notice of the resolution by advertisement has been given under sub-section (1) of section 485 of the Companies Act, 1956 but the company has not been dissolved before the 1st April, 2017 shall continue to be dealt with in accordance with provisions of the Companies Act, 1956 and the Companies (Court) Rules, 1959.] (2) The Central Government may make rules consistent with the provisions of this Act to ensure timely transfer of all matters, proceedings or cases pending before the Company Law Board or the courts, to the Tribunal under this section.]
1. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for section 434 (w.e.f. 15-11-2016).
2. Ins. by Notification No. S.O. 3676(E), dated 7th December 2016 (w.e.f. 15-12-2016). 3. Subs. by Notification No. S.O. 2042(E), dated 29th June 2017 for "Provided further that" (w.e.f. 29-6-2017). 4. Ins., ibid. (w.e.f. 29-6-2017). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
1[1. Short title, extent and commencement.--(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends,-- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* * * * * (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date3 as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.]
1. Subs. by Act 19 of 1986, s. 2, for "any corporation owned or controlled by the Government" (w.e.f. 22-1-1986).
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3.1st July, 1985, vide notification No. G.S.R. 527(E), dated by 1st July, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(i). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)Whoever, being the
keeper of any place of public amusement or public entertainment, knowingly permits or suffers
drunkenness or other disorderly behaviour or any gambling whatsoever, in such place, shall, on
conviction, be punished with fine which may extend to one hundred rupees.
(1) The Administrator may make rules for carrying out the purposes of
this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) recruitment to, and the pay, allowance and all other conditions of service of the members of, the Delhi police under clause (b) of section 5; (b) the manner of publication, under sub-section (2) of section 17, by the Commissioner of Police, of the names of special police officers appointed under that section; (c) awarding of any of the punishments referred to in sub-section (1) or sub-section (2) of section 21 to any police officer of subordinate rank; (d) procedure for awarding punishments under section 22; (e) form of Discharge Certificate under sub-section (8) of section 25; (f) determination of the cost of employing additional police under sub-section (2) of section 38; (g) manner of taking measurements and photographs under section 55 of a person against whom an order has been made under section 46, section 47 or section 48; (h) manner of constituting Defence Societies under sub-section (1) of section 58; (i) form of receipt to be given in respect of any article detained under section 62; (j) the authority to whose satisfaction claims are to be established under sub-section (2) of section 69 and the form and manner in which claims may be made under that sub-section, the procedure for dealing with such claims and all other matters connected therewith under sub-section(3) of that section; (k) payment to any police officer or division among two or more police officers the whole or any portion of any reward, forfeiture or penalty, under the proviso to section 132; (l) any other matter which has to be, or may be, prescribed, or provided for by rules, under this Act. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the eligibility criteria for different categories of cable operators under sub-section (2) of section 4;] 2[(aa) the form of application, documents to be accompanied and the fees payable under sub-section (4) of section 4;] 3[(aaa) the terms and conditions of registration under sub-section (6) of section4;] 4[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of the notification under sub-section (1) of that section;] (b) the programme code under section 5; (c) the advertisement code under section 6; (d) the form of register to be maintained by a cable operator under section 7; 4[(da) the specifications of interference standards for interfering with any telecommunication system under section 10;] 5[(db) the designated officer under sub-section (1) of section 16;] (e) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 12, ibid., for clause (a) (w.e.f. 25-10-2011).
2. Subs. by s. 12, ibid., for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by s. 12, ibid., for clause (aaa) (w.e.f. 25-10-2011). 4. Ins. by s. 12, ibid. (w.e.f. 25-10-2011). 5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 3-10-2023). (1) This Act may be called the Cable Television
Networks (Regulation) Act, 1995.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 29th day of September, 1994. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) Where a
company allots or agrees to allot any securities of the company with a view to all or any of those securities being offered for sale to the public, any document by which the offer for sale to the public is made shall, for all purposes, be deemed to be a prospectus issued by the company; and all enactments and rules of law as to the contents of prospectus and as to liability in respect of mis-statements, in and omissions from, prospectus, or otherwise relating to prospectus, shall apply with the modifications
specified in subsections (3) and (4) and shall have effect accordingly, as if the securities had been offered to the public for subscription and as if persons accepting the offer in respect of any securities were subscribers for those securities, but without prejudice to the liability, if any, of the persons by whom the offer is made in respect of mis-statements contained in the document or otherwise in respect thereof.
(2) For the purposes of this Act, it shall, unless the contrary is proved, be evidence that an allotment of, or an agreement to allot, securities was made with a view to the securities being offered for sale to the public if it is shown-- (a) that an offer of the securities or of any of them for sale to the public was made within six months after the allotment or agreement to allot; or (b) that at the date when the offer was made, the whole consideration to be received by the company in respect of the securities had not been received by it. (3) Section 26 as applied by this section shall have effect as if-- (i) it required a prospectus to state in addition to the matters required by that section to be stated in a prospectus (a) the net amount of the consideration received or to be received by the company in respect of the securities to which the offer relates; and (b) the time and place at which the contract where under the said securities have been or are to be allotted may be inspected; (ii) the persons making the offer were persons named in a prospectus as directors of a company. (4) Where a person making an offer to which this section relates is a company or a firm, it shall be sufficient if the document referred to in sub-section (1) is signed on behalf of the company or firm by two directors of the company or by not less than one-half of the partners in the firm, as the case may be. (1) This Act may be called the Companies Act, 2013.
(2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and *different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) The provisions of this Act shall apply to-- (a) companies incorporated under this Act or under any previous company law; (b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949); (d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003); (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and (f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification. To be deleted
*, 1. 12th September, 2013 -- S. 2(1),(3), (4), (5), (6), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (28), (29) [except
sub-clause (iv)], (30), (32), (33), (34), (35), (36), (37), (38), (39), (40), (43), (44), (45), (46), (49), (50), (51), (52), (53), (54), (55), (56), (57), (58), (59), (60), (61),
(63), (64), (65), (66), (67) [except sub-clause (ix)], (84), (86),(87) [except the proviso and Explanation (d)], (88), (89), (90), (91), (92), (93), (94), (95); s. 19, 21, 22,
23 [except clause (b) of sub-section (1) and sub-section (2)], 24, 25 [except sub-section (3)], 29, 30, 31, 32, 33 [except sub-section (3)], 34, 35 [except clause (e) of
sub-section (1)], 36, 37, 38 39 [except sub-section (4)], 40 [except sub-section (6)], 44, 45, 49, 50, 51, 57, 58, 59, 60, 65, 69, 70 [except sub-section (2)], 86, 91, 100
[except sub-section (6)], 102, 103, 104, 105 [except the third and fourth provisos of sub-section (1) and sub-section (7)], 106, 107, 111, 112, 113 [except clause (b) of
sub-section (1)], 114, 116, 127, 133, 161 [except sub-section (2)], 162, 163, 176, 180, 181, 182, 183, 185, 192, 194,195, 202, 379, 382, 383, 386 [except clause (a)],
394, 405, 407, 408, 409, 410, 411, 412, 413, 414, 439, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 456, 457, 458, 459, 460, 461, 462, 463, 467, 468, 469,
470, vide notification No. S.O. 2754(E), dated 12th September, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st April 2014 S. 2(2), (7), (13), (31), (41), (42), (47), (48), (62), (83), (85) and Explanation (d) of clause (87); ss. 3, 4, 5, 6; s. 7 [except sub-section (7)]; s. 8 [except sub-section (9)]; ss. 9, 10, 11, 12 and 13; s. 14 [except second proviso to sub-section (1) and sub-section (2)]; ss. 15, 16, 17 and 18; section 20; clause (b) of sub-section (1) and sub-section (2) of section 23; sub-section (3) of section 25; ss. 26, 27 and 28; sub-section (3) of s. 33; clause (e) of sub-section (1) of s. 35; subsection (4) of s. 39; sub-section (6) of s. 40; ss. 41, 42 and 43; ss. 46 and 47; ss. 52, 53 and 54; s. 55 [except sub-section (3)]; s. 56; s. 61 [except proviso to clause (b) of sub-section (1)]; s. 62 [except sub-sections (4) to (6)]; ss. 63 and 64; ss. 67 and 68; sub-section (2) of section 70; s. 71 [except sub-sections (9) to (11)]; ss. 72 and 73; sub-section (1) of s. 74; ss. 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85; ss. 87, 88, 89 and 90; ss. 92, 93, 94, 95 and 96; sub-section (6) of s.100; s. 101; third and fourth provisos to sub-section (1) and sub-section (7) of s. 105; ss. 108, 109 and 110; clause (b) of sub-section (1) of s. 113; s. 115; ss. 117and 118; s. 119 [except sub-section (4)]; ss. 120, 121, 122 and 123; s. 126; ss. 128 and 129; s.134; ss. 136, 137, 138 and 139; s. 140 [except second proviso to sub-section (4) and sub-section (5)]; ss. 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 160; sub-section (2) of s. 161; ss. 164, 165, 166, 167 and 168; s. 169 [except sub-section (4)]; ss. 170, 171, 172, 173, 174 and 175; ss. 177, 178 and 179; s. 184; ss. 186, 187, 188, 189, 190 and 191; s. 193; ss. 196, 197, 198, 199, 200 and 201; ss. 203, 204, 205, 206, 207, 208, 209, 210 and 211; s. 212 [except references of sub-section (10) of s. 66, sub-section (5) of s. 140], s. 213, subsection (1) of s. 251 and sub-section (3) of s. 339 made in sub-section (6) and also sub-sections (8) to (10)]; ss. 214, 215; s. 216 [except sub-section (2)]; s. 217; ss. 219 and 220; s. 223; s. 224 [except sub-sections (2) and (5)]; s. 225; ss. 228 and 229; ss. 366, 367, 368and 369; s. 370 (except the proviso); s. 371; s. 374; ss. 380and 381; ss. 384 and 385; clause (a) of s. 386; ss. 387, 388, 389 and 390; sub-section (1) of s. 391; ss. 392 and 393; ss. 395, 396, 397 and 398; s. 399 [except reference of word Tribunal in sub-section (2)]; ss. 400, 401, 402, 403 and 404; s. 406; s. 442; ss. 454and 455; s. 464; Schs. I, II, III, IV, V and VI, vide notification No. S.O. 902(E), dated 26th March, 2014, see Gazette of India, Extraordinary, Part II, sec.3(ii). 1st April, 2014 -- S. 135 and Sch. VII, vide notification No. S.O. 582(E), dated 27th February, 2014, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 6th June, 2014 Sub-sections (2) and (3) of s. 74, vide notification No. S.O. 1459(E), dated 6th June, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13th January, 2016 -- S. 125(5), (6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and (7), vide notification No. S.O. 125(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 18th May, 2016 --S. 2(29) (iv), ss. 435 to 438 and s. 440, vide notification No. S.O. 1795(E), dated 18th May, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 2016 --S. 7(7) [except clause (c) and (d)], s. 14(2), second proviso to sub-section (1) of s. 14, s. 55 (3), proviso to clause (b) of sub-section (1) of s. 61; s. 62 (4) to (6), s. 71 (9), (10) and (11), s. 75; s. 97; s. 98 and s. 99; S. 119 (4), s. 130 and 131; second proviso to sub-section (4) and (5) of s. 140, s. 169(4), s. 213, s. 216 (2), s. 218, s. 221, s. 222, s. 224 (5), ss. 241, 242 [except clause (b) of sub-section (1), cls. (c) and (g) of sub-section (2), 243, 244 and 245; Reference of word Tribunal s. 399 (2),ss. 415 to 433, s. 434 (1) (a) and (b) & (2), s. 441and 466, vide notification No. S.O. 1934(E), dated 1st June, 2016, see Gazette of India, Extraordinary Part II, sec. 3(ii). 7th September, 2016 -S. 124, s. 125 (1) to (4), (6) [with respect to the manner of administration of the Investor Education and Protection Fund] and (8) to (11) vide Notification No. S.O. 2866(E), dated 5th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th September, 2016 -- S. 227, 242 (1) (b), (2) (c) & (g), s. 246, Ss. 337 to 341 (to the extent of their applicability for s. 246), vide notification No. S.O. 2912(E), dated 9th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 2016-S. 2 (23), s.7 (7) (c) and (d), s. 8 (9), s. 48, s. 66, s. 224 (2), s. 226, s. 230 [except sub-section (11) and (12)], and ss. 231 to 233, ss. 235 to 240, ss. 270 to 288, ss. 290 to 303, ss. 324, ss. 326 to 365, proviso to s. 370, ss. 372 to 373, ss. 375 to 378, s. 391 (2), s. 434 (1) cl. (c) vide notification No. S.O. 3677(E), dated 7th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 26th December, 2016 --Ss. 248 to 252, vide notification No. S.O. 4167(E), dated 26th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 13th April, 2017 -- S. 234, vide notification No. S.O. 1182(E), dated 13th April, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 24th August, 2017 --S. 212 (8), (9) and (10), vide notification No. S.O. 2751(E), dated 24th August, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 20th September, 2017 --Proviso to clause (87) of s. 2, vide notification No. S.O. 3086(E), dated 20th September, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 18th October, 2017 --S. 247, vide notification No. S.O. 3393(E), dated 18th October, 2017, see Gazette of India, Extraordinary Part II, sec. 3(ii). 21st March, 2018- S. 132 (3) and (11), vide notification No. S.O. 1316(E), dated 21st March, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st October, 2018 -- S 132 (1) and (12), vide notification No. S.O. 5098(E), dated 1st October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 24th October, 2018 -- S 132 (2), (4), (5), (10), (13), (14) and (15) vide notification No. S.O. 5385(E), dated 24th October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 30th January, 2019 -- S465in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) vide notification No. S.O. 560(E), dated 30th January 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st July, 2019-S. 81 vide notification No. S.O. 2269(E), dated 15th August, 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 3rd February, 2020-S. 230 (11) and (12), vide notification No. S.O. 525(E), dated 3rd February, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 21st December, 2020-S. 1, 3,6 to 10 (both inclusive), s. 12 to 17 (both inclusive), clauses (a) and (b) of s. 18, s. 19 to 21 (both inclusive), clause (i) of s. 22, 24,26, 28 to 31 (both inclusive), s. 33 to 39 (both inclusive), s. 41 to 44 (both inclusive), s. 46 to 51 (both inclusive), s. 54, 57, 61 and 63, vide notification No. S.O. 4646(E), dated 21st December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government shall establish a
Fund to be called the Investor Education and Protection Fund (herein referred to as the Fund).
(2) There shall be credited to the Fund-- (a) the amount given by the Central Government by way of grants after due appropriation made by Parliament by law in this behalf for being utilised for the purposes of the Fund; (b) donations given to the Fund by the Central Government, State Governments, companies or any other institution for the purposes of the Fund; (c) the amount in the Unpaid Dividend Account of companies transferred to the Fund under subsection (5) of section 124; (d) the amount in the general revenue account of the Central Government which had been transferred to that account under sub-section (5) of section 205A of the Companies Act, 1956 (1 of 1956), as it stood immediately before the commencement of the Companies (Amendment) Act, 1999 (21 of 1999), and remaining unpaid or unclaimed on the commencement of this Act; (e) the amount lying in the Investor Education and Protection Fund under section 205C of the Companies Act, 1956 (1 of 1956); (f) the interest or other income received out of investments made from the Fund; (g) the amount received under sub-section (4) of section 38; (h) the application money received by companies for allotment of any securities and due for refund; (i) matured deposits with companies other than banking companies; (j) matured debentures with companies; (k) interest accrued on the amounts referred to in clauses (h) to (j); (l) sale proceeds of fractional shares arising out of issuance of bonus shares, merger and amalgamation for seven or more years; (m) redemption amount of preference shares remaining unpaid or unclaimed for seven or more years; and (n) such other amount as may be prescribed: Provided that no such amount referred to in clauses (h) to (j) shall form part of the Fund unless such amount has remained unclaimed and unpaid for a period of seven years from the date it became due for payment. (3) The Fund shall be utilised for-- (a) the refund in respect of unclaimed dividends, matured deposits, matured debentures, the application money due for refund and interest thereon; (b) promotion of investors education, awareness and protection; (c) distribution of any disgorged amount among eligible and identifiable applicants for shares or debentures, shareholders, debenture-holders or depositors who have suffered losses due to wrong actions by any person, in accordance with the orders made by the Court which had ordered disgorgement; (d) reimbursement of legal expenses incurred in pursuing class action suits under sections 37 and 245 by members, debenture-holders or depositors as may be sanctioned by the Tribunal; and (e) any other purpose incidental thereto, in accordance with such rules as may be prescribed: Provided that the person whose amounts referred to in clauses (a) to (d) of sub-section (2) of section 205C transferred to Investor Education and Protection Fund, after the expiry of the period of seven years as per provisions of the Companies Act, 1956 (1 of 1956), shall be entitled to get refund out of the Fund in respect of such claims in accordance with rules made under this section. Explanation.--The disgorged amount refers to the amount received through disgorgement or disposal of securities. (4) Any person claiming to be entitled to the amount referred in sub-section (2) may apply to the authority constituted under sub-section (5) for the payment of the money claimed. (5) The Central Government shall constitute, by notification, an authority for administration of the Fund consisting of a chairperson and such other members, not exceeding seven and a chief executive officer, as the Central Government may appoint. (6) The manner of administration of the Fund, appointment of chairperson, members and chief executive officer, holding of meetings of the authority shall be in accordance with such rules as may be prescribed. (7) The Central Government may provide to the authority such offices, officers, employees and other resources in accordance with such rules as may be prescribed. (8) The authority shall administer the Fund and maintain separate accounts and other relevant records in relation to the Fund in such form as may be prescribed after consultation with the Comptroller and Auditor-General of India. (9) It shall be competent for the authority constituted under sub-section (5) to spend money out of the Fund for carrying out the objects specified in sub-section (3). (10) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and such audited accounts together with the audit report thereon shall be forwarded annually by the authority to the Central Government. (11) The authority shall prepare in such form and at such time for each financial year as may be prescribed its annual report giving a full account of its activities during the financial year and forward a copy thereof to the Central Government and the Central Government shall cause the annual report and the audit report given by the Comptroller and Auditor-General of India to be laid before each House of Parliament. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 21st day of June, 2002. (1) The Central Government may, by
notification and in the Electronic Gazette as defined in clause (s) of section 2 of the Information
Technology Act, 2000 (21 of 2000), make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (t) of section 2;] 2[(aa)] the form and manner in which an application may be filed under sub-section (10) of section 13; (b) the manner in which the rights of a secured creditor may be exercised by one or more of his officers under sub-section (12) of section 13; 3[(ba) the fee for making an application to the Debts Recovery Tribunal under sub-section (1) of section 17; (bb) the form of making an application to the Appellate Tribunal under sub-section (6) of section 17; (bc) the fee for preferring an appeal to the Appellate Tribunal under sub-section (1) of section 18;] 1[(bca) the manner of integration of records of various registration systems with the records of Central Registry under sub-section (1) of section 20A; (bcb) the terms and conditions of delegation of powers by the Central Government to the Reserve Bank under section 20B;] (c) the safeguards subject to which the records may be kept under sub-section (2) of section 22; (d) the manner in which the particulars of every transaction of securitisation shall be filed under section 23 and fee for filing such transaction; 1[(da) the form for registration of different types of security interests and fee thereof under sub-section (3) of section 23;] (e) the fee for inspecting the particulars of transactions kept under section 22 and entered in the Central Register under sub-section (1) of section 26; (f) the fee for inspecting the Central Register maintained in electronic form under sub-section (2) of section 26; 1[(fa) the form and the manner for filing particulars of transactions under sub-section (2) of section 26B; (fb) the form and manner of filing attachment orders with the Central Registry and the date under sub-section (4) of section 26B; (fc) the form and manner of filing particulars of attachment order with the Central Registry and the fee under sub-section (5) of section 26B;] (g) any other matter which is required to be, or may be, prescribed, in respect of which provision is to be, or may be, made by rules. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 44 of 2016, s. 25 (w.e.f. 1-9-2016).
2. Clause (a) renumbered as clause (aa) by s. 25, ibid. (w.e.f. 1-9-2016). 3. Ins. by Act 30 of 2004, s. 18 (w.e.f. 11-11-2004). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the value of the article which may be specified under sub-clause (i) of clause (h) of sub-section (1) of section 2; (b) the authority which may be specified under clause (p) of sub-section (1) of section 2; (c) acceptance or retention of gift or presentation under clause (d) of section 4; (d) guidelines specifying the ground or grounds on which an organisation may be specified as an organisation of political nature under sub-section (1) of section 5; (e) the activities or business which shall be construed as speculative business under the proviso to clause (a) of sub-section (1) of section 8; (f) the elements and the manner in which the administrative expenses shall be calculated under sub-section (2) of section 8; (g) the time within which and the manner in which any person or class of persons or an association may be required to furnish intimation regarding the amount of foreign contribution received under clause (c) of section 9; (h) the time within which and the manner in which any person or class of persons may be required to furnish intimation regarding foreign hospitality under clause (e) of section 9; (i) the manner in which the copy of the order of the Central Government shall be served upon any person under section 10; (j) the form and manner in which the application for grant of certificate of registration or giving of prior permission under sub-section (1) of section 12; (k) the fee to be accompanied by the application under sub-section (1) of section 12; (l) the terms and conditions for granting a certificate or giving prior permission under clause (g) of sub-section (4) of section 12; (m) the manner of utilising the foreign contribution under clause (b) of sub-section (2) of section 13; (n) the authority with whom the foreign contribution to be vested under sub-section (1) of section 15; (o) the period within which and the manner in which the foreign contribution shall be managed under sub-section (2) of section 15; (p) the form and manner in which the application for a renewal of certificate of registration shall be made under sub-section (2) of section 16; (q) the fee to be accompanied by the application for renewal of certificate under sub-section (2) of section 16; (r) the prescribed amount of foreign remittance, the form and manner in which the foreign remittance received by every bank or authorised person in foreign exchange shall be reported under sub-section (2) of section 17; (s) the time within which and the manner in which the person who has been granted certificate of registration or given prior permission under this Act shall give intimation under section 18; (t) the form and manner in which account of any foreign contribution and the manner in which such contribution has been utilised shall be maintained under section 19; (u) the time within which and the manner in which a candidate for election shall give intimation under section 21; (v) the manner and procedure to be followed in disposing of the assets under section 22; (w) the limits subject to which any confiscation may be adjudged under clause (b) of sub-section (1) of section 29; (x) the fee to be accompanied along with every application for revision under sub-section (5) of section 32; (y) the form and manner for making of an application for compounding of an offence and the fee therefor under sub-section (4) of section 41; (z) the form and manner in which and the time within which returns and statements to be furnished by the prescribed authority under section 44; (za) any other matter which is required to be, or may be, prescribed. (1) An application by a person, referred to in section 11
for grant of certificate or giving prior permission, shall be made to the Central Government in such form
and manner and along with such fee, as may be prescribed.
2[(1A) Every person who makes an application under sub-section (1) shall be required to open "FCRA Account" in the manner specified in section 17 and mention details of such account in his application.] (2) On receipt of an application under sub-section (1), the Central Government shall, by an order, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application. (3) If on receipt of an application for grant of certificate or giving prior permission and after making such inquiry as the Central Government deems fit, it is of the opinion that the conditions specified in sub-section (4) are satisfied, it may, ordinarily within ninety days from the date of receipt of application under sub-section (1), register such person and grant him a certificate or give him prior permission, as the case may be, subject to such terms and conditions as may be prescribed: Provided that in case the Central Government does not grant, within the said period of ninety days, a certificate or give prior permission, it shall communicate the reasons therefor to the applicant: Provided further that a person shall not be eligible for grant of certificate or giving prior permission, if his certificate has been suspended and such suspension of certificate continues on the date of making application. (4) The following shall be the conditions for the purposes of sub-section (3), namely: (a) the person making an application for registration or grant of prior permission under sub-section (1), (i) is not fictitious or benami; (ii) has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another; (iii) has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country; (iv) has not been found guilty of diversion or mis-utilisation of its funds; (v) is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends; (vi) is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes; (vii) has not contravened any of the provisions of this Act; (viii) has not been prohibited from accepting foreign contribution; (b) the person making an application for registration under sub-section (1) has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilised; (c) the person making an application for giving prior permission under sub-section (1) has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised; (d) in case the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence pending against him; (e) in case the person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him; (f) the acceptance of foreign contribution by the person referred to in sub-section (1) is not likely to affect prejudicially (i) the sovereignty and integrity of India; or (ii) the security, strategic, scientific or economic interest of the State; or (iii) the public interest; or (iv) freedom or fairness of election to any Legislature; or (v) friendly relation with any foreign State; or (vi) harmony between religious, racial, social, linguistic, regional groups, castes or communities; (g) the acceptance of foreign contribution referred to in sub-section (1),-- (i) shall not lead to incitement of an offence; (ii) shall not endanger the life or physical safety of any person. (5) Where the Central Government refuses the grant of certificate or does not give prior permission, it shall record in its order the reasons therefor and furnish a copy thereof to the applicant: Provided that the Central Government may not communicate the reasons for refusal for grant of certificate or for not giving prior permission to the applicant under this section in cases where there is no obligation to give any information or documents or records or papers under the Right to Information Act, 2005 (22 of 2005). (6) The certificate granted under sub-section (3) shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution proposed to be received, as the case may be.
1. Ins. by s. 6, ibid. (w.e.f. 29-9-2020).
(1) Every person who has been granted a certificate or given prior approval under
this Act shall give, within such time and in such manner as may be prescribed, an intimation to the
Central Government, and such other authority as may be specified by the Central Government, as to the
amount of each foreign contribution received by it, the source from which and the manner in which such
foreign contribution was received, and the purposes for which, and the manner in which such foreign
contribution was utilised by him.
(2) Every person receiving foreign contribution shall submit a copy of a statement indicating therein the particulars of foreign contribution received duly certified by officer of the bank or authorised person in foreign exchange and furnish the same to the Central Government along with the intimation under sub-section (1). (1) Every person who has been granted a certificate under section 12
shall have such certificate renewed within six months before the expiry of the period of the certificate.
1[Provided that the Central Government may, before renewing the certificate, make such inquiry, as it deems fit, to satisfy itself that such person has fulfilled all conditions specified in sub-section (4) of section 12.] (2) The application for renewal of the certificate shall be made to the Central Government in such form and manner and accompanied by such fee as may be prescribed. (3) The Central Government shall renew the certificate, ordinarily within ninety days from the date of receipt of application for renewal of certificate subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years: Provided that in case the Central Government does not renew the certificate within the said period of ninety days, it shall communicate the reasons therefor to the applicant: Provided further that the Central Government may refuse to renew the certificate in case where a person has violated any of the provisions of this Act or rules made thereunder.
1. The proviso ins. by s. 11, ibid. (w.e.f 29-9-2020).
1[17. Foreign contribution through scheduled bank.--(1) Every person who has been granted
certificate or prior permission under section 12 shall receive foreign contribution only in an account
designated as "FCRA Account" by the bank, which shall be opened by him for the purpose of remittances
of foreign contribution in such branch of the State Bank of India at New Delhi, as the Central
Government may, by notification, specify in this behalf:
Provided that such person may also open another"FCRA Account" in any of the scheduled bank of his choice for the purpose of keeping or utilising the foreign contribution which has been received from his "FCRA Account" in the specified branch of State Bank of India at New Delhi: Provided further that such person may also open one or more accounts in one or more scheduled banks of his choice to which he may transfer for utilising any foreign contribution received by him in his "FCRA Account" in the specified branch of the State Bank of India at New Delhi or kept by him in another "FCRA Account" in a scheduled bank of his choice: Provided also that no funds other than foreign contribution shall be received or deposited in any such account. (2) The specified branch of the State Bank of India at New Delhi or the branch of the scheduled bank where the person referred to in sub-section (1) has opened his foreign contribution account or the authorised person in foreign exchange, shall report to such authority as may be specified-- (a) the prescribed amount of foreign remittance; (b) the source and manner in which the foreign remittance was received; and (c) other particulars, in such form and manner as may be prescribed.]
1. Subs. by Act 33 of 2020, s. 12, for section 17 (w.e.f. 29-9-2020).
The Central Government may—
(a) prohibit any person or organisation not specified in section 3, from accepting any foreign contribution; (b) require any person or class of persons, not specified in section 6, to obtain prior permission of the Central Government before accepting any foreign hospitality; (c) require any person or class of persons not specified in section 11, to furnish intimation within such time and in such manner as may be prescribed as to the amount of any foreign contribution received by such person or class of persons as the case may be, and the source from which and the manner in which such contribution was received and the purpose for which and the manner in which such foreign contribution was utilised; (d) without prejudice to the provisions of sub-section (1) of section 11, require any person or class of persons specified in that sub-section to obtain prior permission of the Central Government before accepting any foreign contribution; (e) require any person or class of persons, not specified in section 6, to furnish intimation, within such time and in such manner as may be prescribed, as to the receipt of any foreign hospitality, the source from which and the manner in which such hospitality was received: Provided that no such prohibition or requirement shall be made unless the Central Government is satisfied that the acceptance of foreign contribution by such person or class of persons, as the case may be, or the acceptance of foreign hospitality by such person, is likely to affect prejudicially— (i) the sovereignty and integrity of India; or (ii) public interest; or (iii) freedom or fairness of election to any Legislature; or (iv) friendly relations with any foreign State; or (v) harmony between religious, racial, social, linguistic or regional groups, castes or communities. Where the
Central Government is satisfied, after making such inquiry as it may deem fit, that any person has in his
custody or control any article or currency or security, whether Indian or foreign, which has been accepted
by such person in contravention of any of the provisions of this Act, it may, by order in writing, prohibit
such person from paying, delivering, transferring or otherwise dealing with, in any manner whatsoever,
such article or currency or security save in accordance with the written orders of the Central Government
and a copy of such order shall be served upon the person so prohibited in the prescribed manner, and
thereupon the provisions of sub-sections (2), (3), (4) and (5) of section 7 of the Unlawful Activities
(Prevention) Act, 1967 (37 of 1967) shall, so far as may be, apply to, or in relation to, such article or
currency or security and references in the said sub-sections to moneys, securities or credits shall be
construed as references to such article or currency or security.
Every candidate for election, who had received any
foreign contribution, at any time within one hundred and eighty days immediately preceding the date on
which he is duly nominated as such candidate, shall give, within such time and in such manner as may be
prescribed, an intimation to the Central Government or prescribed authority or both as to the amount of
foreign contribution received by him, the source from which, and the manner in which, such foreign
contribution was received and the purposes for which and the manner in which such foreign contribution
was utilised by him.
Every person who has been granted a certificate or given prior
approval under this Act shall maintain, in such form and manner as may be prescribed,
(a) an account of any foreign contribution received by him; and (b) a record as to the manner in which such contribution has been utilised by him. 1[7. Prohibition to transfer foreign contribution to other person.--No person who--
(a) is registered and granted a certificate or has obtained prior permission under this Act; and (b) receives any foreign contribution, shall transfer such foreign contribution to any other person.]
1. Subs. by Act 33 of 2020, s. 3, for section 7 (w.e.f. 29-9-2020).
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Related Section(s)(1) Notwithstanding anything
contained in section 73, a public company, having such net worth or turnover as may be prescribed, may
accept deposits from persons other than its members subject to compliance with the requirements
provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in
consultation with the Reserve Bank of India, prescribe:
Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. (2) A company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on such terms and conditions, including the provision of security, if any, or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:-- (a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed; (b) filing a copy of the circular along with such statement with the Registrar within thirty days before the date of issue of the circular; 1[(c) depositing, on or before the thirtieth day of April each year, such sum which shall not be less than twenty per cent. of the amount of its deposits maturing during the following financial year and kept in a scheduled bank in a separate bank account to be called deposit repayment reserve account;] 2* * * * * (e) certifying that the company has not committed any default in the repayment of deposits accepted either before or after the commencement of this Act or payment of interest on, 3[such deposits and where a default had occurred, the company made good the default and a period of five years had lapsed since the date of making good the default;] and (f) providing security, if any for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the property or assets of the company: Provided that in case where a company does not secure the deposits or secures such deposits partially, then, the deposits shall be termed as unsecured deposits and shall be so quoted in every circular, form, advertisement or in any document related to invitation or acceptance of deposits. (3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section. (4) Where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the Tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the Tribunal may deem fit. (5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used by the company for any purpose other than repayment of deposits.
1. Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).
2. Clause (d) omitted by s. 15, ibid. (w.e.f. 15-8-2018). 3. Subs. by s. 15,ibid., for "such deposits;" (w.e.f. 15-8-2018) | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). 1[16. Security procedures and practices.--The Central Government may, for the purposes of sections
14 and 15, prescribe the security procedures and practices:
Provided that in prescribing such security procedures and practices, the Central Government shall have regard to the commercial circumstances, nature of transactions and such other related factors as it may consider appropriate.]
1. Subs. by s 11, ibid., for sections 15 and 16 (w.e.f. 27-10-2009).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
1[1. Short title, extent and commencement.--(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends,-- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* * * * * (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date3 as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.]
1. Subs. by Act 19 of 1986, s. 2, for "any corporation owned or controlled by the Government" (w.e.f. 22-1-1986).
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3.1st July, 1985, vide notification No. G.S.R. 527(E), dated by 1st July, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(i). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government
may 1, if it deems necessary, 2*** by order published in the official Gazette, fix the maximum price or
the minimum price or the maximum and minimum prices to be charged, in the course of a business of any
class specified in the order, for rubber of any description so specified.
(2) Any such order may fix different maximum or minimum prices to be charged in the course of businesses of different classes for the same description of rubber. 3* * * * *
1. The words in brackets shall stand inserted (date to be notified) by s. 8, ibid.
2. The words, brackets and figures "after consulting the Rubber Price Advisory Committee constituted under sub-section (1) of section 7" omitted by Act 54 of 1954, s. 15 (w.e.f. 1-8-1955). 3. Sub-section (3) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 1[26A. Compounding of offences.--Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), any offence punishable under this Act may, either before the institution of
prosecution or with the permission of the Court after the institution of the prosecution, be compounded by
the Board on payment to the Board such sum of money as does not exceed the value of the goods in
respect of which contravention has been committed.]
1. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 18.
1[9B. Pool fund.--(1) To the pool fund shall be credited--
(a) all sums realized by sales of rubber imported or purchased under section 8A; (b) any other sum which the Board may, with the previous approval of the Central Government, transfer from the general fund to the pool fund. (2) The pool fund shall be applied only to the rehabilitation of small growers in such manner as may be prescribed.]
1. Ins. by s. 12, ibid. (w.e.f. 1-8-1955)
1[9. Funds of the Board.--(1) The Indian Rubber Production Board constituted under the Rubber
Control and Production Order, 1946, is hereby dissolved, and all funds and other property vested in, and
all liabilities of, that Board shall respectively vest in, and be liabilities of, the Board constituted under this
Act.
2[(2) The Board shall maintain two funds, a general fund and a pool fund.]
1. Sections 9, 9A and 9B shall stand substituted (date to be notified) by Act 4 of 2010, s. 5 to read us under:
"[9. Rubber Development Fund.--"(1) There shall be a fund to be called the Rubber Development Fund and there shall be credited,-- (a) all sums forming the funds of the Board immediately before the commencement of the Rubber (Amendment) Act, 2009; (b) the proceeds of cess paid to the Board by the Central Government under sub-section (7) of section 12; (c) any sum of money that may be paid to the Board by way of grants or loans by the Central Government; (d) internal and extra budgetary resources of the Board; (e) all moneys received and collected under section 26A; and (f) any other sum that may be levied and collected under this Act and the rules made thereunder. (2) The Rubber Development Fund shall be applied-- (a) to meet the expenses of the Board; (b) to meet the cost of the measures referred to in section 8; (c) to meet the expenditure incurred in the performance of its functions under this Act or the rules made thereunder; (d) to meet the expenditure for rehabilitation of small growers; and (e) for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the Board may think necessary for the development of such estates.". 2. Subs. by Act 54 of 1954, s. 11, for sub-section (2) (w.e.f. 1-8-1955). (1) It shall be the duty of the Board to promote by such measures as it
thinks fit the development of the rubber industry 1***.
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for-- (a) undertaking, assisting or encouraging scientific, technological and economic research; (b) training students in improved methods of planting, cultivation, manuring and spraying; (c) the supply of technical advice to rubber growers; (d) improving the marketing of rubber; 2[(da) improving the quality of rubber and implementing the standards for quality marking, labeling and packing for the rubber produced or processed in, imported into or exported from, India;] (e) the collection of statistics from owners of estates, dealers, 3[and manufacturers]; 4[(f) securing better working conditions and the provisions and improvement of amenities and incentives for workers; (g) carrying out any other duties which may be vested in the Board under rules made under this Act.] (3) It shall also be the duty of the Board-- (a) to advise the Central Government on all matters relating to the development of the rubber industry, including the import and export of rubber; (b) to advice the Central Government with regard to participation in any international Conference or scheme relating to rubber; (c) to submit to the Central Government and such other authorities as may be prescribed 5[half-yearly reports] on its activities and the working of this Act; (d) to prepare and furnish such other reports relating to the rubber industry as may be required by the Central Government from time to time.
1. The words "so far as regards the production and marketing of rubber" omitted by s. 9, ibid. (w.e.f. 1-8-1955).
2. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 4. 3. The words in brackets shall stand substituted (date to be notified) by s. 4, ibid., to read as "manufactures and processors" 4. Ins. by Act 54 of 1954, s. 9 (w.e.f. 1-8-1955). 5. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 4 to read as "annual report". (1) Every general licence issued under
section 14 shall be published by the Board in the Gazette of India and in such newspapers as the Board
may direct.
(2) A special licence issued under section 14 shall be valid only for such period as may be specified therein: Provided that the Board may from time to time extend the period of validity of any such licence. (3) The Board may at any time for reasons to be recorded by it in writing revoke a special licence granted under section 14, and on such revocation it shall be returned to the Board by the person to whom it was issued. (4) No application for a special licence made by a person who was carrying on business as a dealer or manufacturer immediately before the commencement of this Act shall be rejected by the Board except for special reasons to be recorded in writing. The Board may levy such fees as may be prescribed for the issue and
renewal of special licences under section 14, 1[section 15 or section 17].
1. The words and figures shall stand substituted (date to be notified) by s. 11, ibid., to read as "or section 15".
(1) All acts of the Board shall be subject to the control
of the Central Government which may cancel, suspend or modify as it thinks fit any action taken by the
Board.
(2) The records of the Board shall be open to inspection at all reasonable times by any officer authorized in this behalf by the Central Government. 1[25A. Power to make regulations.--(1) The Board may, with the previous approval of the Central
Government, by notification make regulations, not inconsistent with the provisions of this Act and the
rules made thereunder, to carry out its functions.
(2) Every regulation made under sub-section (1) shall be laid before each House of Parliament.]
1. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 16.
1[17. Licences for planting or replanting.--(1) No person shall plant or replant rubber except under
and in accodance with the conditions of a special licence issued by the Board.
(2) A licence issued under this section shall specify the area in which rubber may be planted or replanted and the period for which the licence shall be valid. (3) No licence issued under this section shall be transferable except with the land to which it relates.]
1. Section 17 shall stand substituted (date to be notified) by Act 4 of 2010, s. 9 read as under:
"17. Implementation of standards for quality, marking, etc., for rubber.--(1) The Board shall implement the standards for quality, marking, labelling and packing for various marketable forms of rubber, for the rubber produced or processed in, imported into or exported from, India. (2) Any officer of the Board authorised by the Chairman may at any reasonable time inspect the rubber sold or purchased by any dealer or processor at any factory or other premises of a dealer, processor or manufacturer or exporter for the purpose of ensuring the compliance of the standards under sub-section (1)." In this Act, unless there is anything repugnant in the subject or context,--
(a) "Board" means the 1*** Rubber Board constituted under this Act; (b) "dealer", means any person who deals in rubber, whether wholesale or retail, or holds stocks of rubber, and includes the representative or agent of a dealer; (c) "estate" means any area administered as one unit which contains land planted with rubber plants; 2[(cc) "Executive Director" means the Executive Director appointed under this Act;] (d) "export" and "import" mean respectively taking out of, and bringing into 3[India] by sea, land or air; 4[(dd) "India" means the territory of India excluding the State of Jammu and Kashmir*;] (e) "manufacturer" means any person engaged in the manufacture of any article in the making of which rubber is used; (f) "owner" includes any agent of an owner and a mortgagee in possession and a lessee of an estate; (g) "prescribed" means prescribed by rules made under this Act; 5[(ga) "processor" means a person who undertakes the processing of rubber;] (h) "rubber" means-- (i) crude rubber, that is to say, rubber prepared from the leaves, bark or latex of any rubber plant; (ii) the latex of any rubber plant whether fluid or coagulated, in any stage of the treatment to which it is subjected during the process of conversion into rubber; (iii) latex (dry rubber content) in any state of concentration, and includes scrap rubber, sheet rubber, rubber in powder and all forms and varieties of crepe rubber, but does not include rubber contained in any manufactured article; (i) "rubber plant" includes plants, trees, shrubs or vines of any of the following:-- (i) Hevea Braziliensis (Para Rubber), (ii) Manihot Glaziovii (Ceara Rubber), (iii) Castillio elastica, (iv) Ficus elastica (Rambong), and (v) any other plant which the Board may, by notification in the Gazette of India, declare to be a rubber plant for the purposes of this Act; (j) "Rubber Production Commissioner" means the Rubber Production Commissioner appointed under this Act; 6[(k) "small grower" means an owner whose estate does not exceed 7[fifty acres] in area.]
1. The word "Indian" omitted by s. 5, ibid. (w.e.f. 1-8-1955).
2. The words in brackets shall stand inserted (date to be notified) by Act 54 of 1982, s. 2. 3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States" (w.e.f. 1-4-1951). 4. Ins. by s. 3 and Schedule, ibid. (w.e.f.1-4-1951). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 2. 6. Ins. by Act 54 of 1954, s. 5 (w.e.f 1-8-1955). 7. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 2, for "ten hectares". *. Vide Notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 1[(1)] If any person--
(a) contravenes any provision of this Act, other than section 11 or section 13, or any rule made under this Act, or (b) in any report or return to be furnished under this Act, makes any statement which is false and which he knows to be false or does not believe to be true, or (c) obstructs any officer of the Board in the discharge of any duty imposed on or entrusted to him by or under this Act, or (d) having the control or custody of any account book or other record, fails to produce such book or record when required by any authorised officer to do so, he shall be 2[liable to penalty which may extend to fifty thousand rupees.] 3[(2) If the person committing any offence under sub-section (1) is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence under sub-section (1) has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section-- (a) "company", means any body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.]
1. Section 26 renumbered as sub-section (1) of thereof by Act 54 of 1954, s. 19 (w.e.f. 1-8-1955).
2. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 9-8-2024). 3. Ins. by Act 54 of 1954, s. 19 (w.e.f. 1-8-1955). (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". 1[22A. Power of Central Government to issue directions to Board.--(1) Without prejudice to the
foregoing provisions of this Act, the Board shall, in the discharge of its functions and duties under this
Act, be bound by such directions on questions of policy as the Central Government may give in writing to
it from time to time:
Provided that the Board shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of the policy or not shall be final.]
1. The words in brackets shall stand inserted (date to be notified) by s. 13, ibid.
1[9A. General fund.--(1) To the general fund shall be credited--
(a) all sums forming the funds of the Board immediately before the commencement of the Rubber (Production and Marketing) Amendment Act, 1954 (54 of 1954); (b) all amounts paid to the Board by the Central Government under sub-section (7) of section 12. (2) The general fund shall be applied-- (a) to meet the expenses of the Board; (b) to meet the costs of the measures referred to in section 8; (c) to meet the expenditure incurred in the performance of its functions under this Act or under rules made thereunder; and (d) for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the Board may think necessary for the development of such estates.]
1. Ins. by s. 12, ibid. (w.e.f. 1-8-1955)
(1) As soon as may be after the commencement of this Act, the
Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a
Board to be called the 1*** Rubber Board.
(2) The Board shall be a body corporate by the name of 1*** Rubber Board having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and to contract, and shall by the said name sue and be sued. 2[(3) The Board shall consist of-- (a) a Chairman to be appointed by the Central Government; 3[(b) two members to represent the State of 4[Tamil Nadu], one of whom shall be a person representing rubber producing interests; (c) eight members to represent the State of Kerala, six of whom shall be persons representing the rubber producing interests, three of such six being persons representing the small growers;] (d) ten members to be nominated by the Central Government, of whom two shall represent the manufacturers and four labours; 5[(da) three members to be nominated by the Central Government of whom two shall be from the Department of Commerce and one from the Department of Agriculture and Co-operation;] (e) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; 6[and] 7[(ee) the Executive Director, ex officio; and] (f) the Rubber Production Commissioner, ex officio. (4) The persons to represent the States of 8[Tamil Nadu] and 9[Kerala] shall be elected or nominated as may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend the meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote. (6) The Board shall elect from among its members a Vice-Chairman who shall exercise such of the powers, and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. (7) The members of the Board shall receive from the Board such allowances as may be prescribed. (8) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.]
1. The word "Indian" omitted by Act 54 of 1954, s. 6 (w.e.f. 1-8-1955).
2. Subs. by s. 6, ibid., for sub-sections (3), (4) and (5) (w.e.f. 1-8-1955). 3. Subs. by Adaption of Laws (No. 3) Order, 1956, clauses (b) and (c). 4. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subject) Order, 1970, for "Madras" (w.e.f. 14-1-1969). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 3. 6. The word "and" shall stand omitted (date to be notified) by Act 54 of 1982, s. 3. 7. The words in brackets shall stand inserted (date to be notified) by s. 3, ibid. 8. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) 1970, for "Madras" (w.e.f. 14-1-1969). 9. Subs. by Adaptation of Laws (No. 3) Order, 1956, for "Travancore-Cochin". 1[12. Imposition of new rubber cess.--(1) With effect from such date as the Central Government
may, by notification in the Official Gazette, appoint, there shall be levied as a cess for the purposes of this
Act, a duty of excise on all rubber produced in India at such rate, not exceeding 2[two rupees] per
kilogram of rubber so produced, as the Central Government may fix.
(2) The duty of excise levied under sub-section (1) shall be collected by the Board in accordance with rules made in this behalf either from the owner of the estate on which the rubber is produced or from the manufacturer by whom 3[such rubber is used.] 4[Provided that the Central Government may, if considered necessary in the public interest, by order for reasons to be recorded in writing, exempt or reduce the duty of excise on rubber exported on such terms and conditions as it deems fit: Provided further that the Central Government may, by notification in the Official Gazette, specify zero paisa per kilogram as the rate of duty of excise on natural rubber produced in India and procured for export by the exporters of natural rubber for the period from the 1st April, 1961 to the 31st August, 2003.] 5[(3) The owner or, as the case may be, the manufacturer shall pay to the Board the amount of the duty within one month from the date on which he receives a notice of demand therefor from the Board and, if he fails to do so, the duty may be recovered from the owner or the manufacturer, as the case may be, as an arrear of land revenue.] (4) For the purpose of enabling the Board to assess the amount of the duty of excise levied under this section-- (a) the Board shall, by notification in the Official Gazette, fix a period in respect of which assessments shall be made; and (b) without prejudice to the provisions of section 20, every owner and every manufacturer shall furnish to the Board a return not later than 6[fifteen days] after the expiry of the period to which the return relates, stating,-- (i) in the case of an owner, the total quantity of rubber produced on the estate in each such period: Provided that in respect of an estate situated only partly in India, the owner shall in the said return show separately the quantity of rubber produced within and outside India; (ii) in the case of a manufacturer, the total quantity of 7[rubber used] by him in such period out of the rubber produced in India. (5) if any 8[owner or manufacturer] fails to furnish, within the time prescribed, the return referred to in sub-section (4) or furnishes a return which the Board has reason to believe is incorrect or defective, the Board may assess the amount of the duty of excise in such manner as may be prescribed 9[and collect the cess from the owner, exporter or the manufacturer, as the case may be, after issuing a notice and after making such enquiry as it considers necessary, with such rate of interest as fixed under sub-section (3): Provided that where for any reason, the Board finds that an owner, exporter or manufacturer, as the case may be, has paid cess in excess of what is due from him, it shall be adjusted against the future payment, if any, from him or shall be refunded to him.] (6) Any person aggrieved by an assessment made under this section may, within three months of the service of the notice under sub-section (3), apply to the District Judge for the cancellation or modification of the assessment, and the District Judge shall, after giving the Board an opportunity of being heard, pass such order (which shall be final) as he thinks proper. (7) The proceeds of the duty of excise collected under this section reduced by the cost of collection as determined by the Central Government shall first be credited to the Consolidated Fund of India, and then be paid by the Central Government to the Board for being utilised for the purposes of this Act, if Parliament by appropriation made by law in this behalf so provides.]
1. Subs. by Act 21 of 1960, s. 2, for section 12 (w.e.f. 1-11-1960).
2. Subs. by Act 33 of 1994, s. 2, for "fifty naye paise" (w.e.f. 19-5-1994). 3. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 7 to read as under "such rubber is used or from the exporter by whom such rubber is exported" 4. The provisions shall stand substituted (date to be notified) by s. 7, ibid. 5. Sub-section (3) shall stand inserted (date to be notified) by s. 7, ibid. to read as under: "(3) Subject to the provisions of this Act, every owner, exporter or the manufacturer, as the case may be, shall pay the duty of excise to the Board in the manner and for the period referred to in sub-section (4) and, if he fails to do so, the duty may be recovered with the cost of collection and interest at such rates, as may be prescribed, from the owner, exporter or the manufacturer, as the case may be, as an arrear of the land revenue.". 6. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 7 to read as "thirty days" 7. The words in brackets shall stand substituted (date to be notified) by s. 7, ibid., to read as "rubber acquired" 8. The words in brackets shall stand substituted (date to be notified) by s. 7, ibid., to read as "owner, exporter or manufacturer" 9. The words, brackets and figure in brackets shall stand inserted (date to be notified) by s. 7, ibid. 1[24A. Power to delegate.--The Central Government may, by notification in the Official Gazette,
direct that any power exercisable and functions performed by it under this Act may be exercised and
performed in such cases and subject to such conditions, if any, as may be specified in the notification by
such officer or authority as may be specified therein.]
1. Section 24 A shall stand inserted (date to be notified) by Act 4 of 2010, s. 14.
1[10. Registration.--(1) Every person owning land planted with rubber plants, whether such land is
comprised in one estate or in more than one estate and whether it is situated wholly or only partly in
2[India], shall, before the expiry of one month from the date of commencement of this Act, apply to the
Board to be registered as an owner in respect of each estate owned by him.]
1. Section 10 shall stand omitted (date to be notified) by Act 4 of 2010, s. 6.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States" (w.e.f. 1-4-1951) 1[18. Reports to be submitted by licencees.--(1) Every holder of a licence issued under section 17
shall, at such times as the Board may require, furnish to it a report specifying the areas newly planted or
replanted during the period to which the report relates and containing such other particulars as may be
required by the Board.
(2) The Board may revoke any licence issued under section 17, if it is satisfied that the licence was obtained by misrepresentation or fraud or if the licence contravenes any of the terms of the licence or if the licence fails to submit the report referred to in sub-section (1).]
1. Section 18 shall stand omitted (date to be notified) by s. 10, ibid.
(1) The Board shall keep such accounts, in such manner and in such
form as may be prescribed, of all moneys received and expended by it.
(2) The Board shall cause the accounts to be audited annually by auditors appointed by the Central Government, and the auditors shall have the power to disallow any item of expenditure which in their opinion has not been properly incurred under this Act. (3) The Central Government may, on the application of the Board, allow any item of expenditure disallowed by the auditors under sub-section (2). 1[21. Inspection of land and premises.--Any person authorized in this behalf by the Central
Government or by the Board or any member authorized by the Chairman in writing or 2[any officer of the
Board may] at any reasonable time inspect any place of business of a dealer or any factory or other
premises of a 3[manufacturer, for] the purpose of verifying any statement or return submitted under this
Act or for any other purposes of this Act.]
1. Subs. by s. 17, ibid., for section 21 (w.e.f. 1-8-1955).
2. The words in brackets shall stand substituted (date to be notified) by Act 4 of 2010, s. 12 to read as "any officer of the Board authorized by the Chairman may". 3. The words in brackets shall stand substituted (date to be notified) by s. 12, ibid., to read as "manufacturer or processor, for". | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
simultaneously with the constitution of the Central Board, make rules in respect of the matters specified
in sub-section (2):
Provided that when the Central Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting the Board. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the members (other than the chairman and member-secretary) of the Central Board under sub-section (8) of section 5; 1[(aa) the manner of nomination of the chairman of the State Board and the terms and conditions of service of the chairman of the State Board under clause (a) of sub-section (2) of section 4 and under sub-section (9) of section 5;] (b) the intervals and the time and place at which meetings of the Central Board or of any committee thereof constituted under this Act, shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business under section 8, and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the Central Board as are not members of the Board under sub-section (3) of section 9; 2[(d) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 10 and the fees and allowances payable to such persons;] (e) the terms and conditions of service of the chairman and the member-secretary of the Central Board under sub-section (9) of section 5 and under sub-section (1) of section 12; (f) conditions subject to which a person may be appointed as a consulting engineer to the Central Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and performed by the chairman and the member-secretary of the Central Board; 3* * * * * (j) the form of the report of the Central Board analyst under sub-section (1) of section 22; (k) the form of the report of the Government analyst under sub-section (3) of section 22; 4 [(l) the form in which and the time within which the budget of the Central Board may be prepared and forwarded to the Central Government under section 38; (ll) the form in which the annual report of the Central Board may be prepared under section 39;] (m) the form in which the accounts of the Central Board may be maintained under section 40; 5 [(ma) the manner of holding inquiry and imposing penalties by the adjudicating officer under section 45B;] 6[(mm) the manner in which notice of intention to make a complaint shall be given to the Central Board or officer authorised by it under section 49;] (n) any other matter relating to the Central Board, including the powers and functions of that Board in relation to Union territories; (o) any other matter which has to be, or may be, prescribed. (3) Every rule made by the Central Government 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, 7 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 5 of 2024, s. 14, (w.e.f. 15-2-2024).
2. Subs. by Act 44 of 1978, s. 20, for clause (d) (w.e.f. 12-12-1978). 3. Clauses (h) and (i) omitted by s. 20, ibid. (w.e.f. 12-12-1978). 4. Subs. by Act 53 of 1988, s. 27, for clause (l) (w.e.f. 29-9-1988). 5. Ins. by Act 5 of 2024, s. 14, (w.e.f. 15-2-2024). 6. Ins. by s. 27, ibid. (w.e.f. 29-9-1988). 7 Subs. by Act 44 of 1978, s. 20, for certain words (w.e.f. 12-12-1978). | ||||||||||||||||
Related Section(s)(l)Any person interested in any land which is included in the notification issued under sub-section (1) of section 5 may, within twenty-one days from the date of publication thereof, object to the use of the land for the purpose or purposes mentioned in that sub-section.
(2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof whereupon the competent authority shall give the object or an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
Explanation.- For the purposes of this sub-section, legal practitioner has the same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act, 1961(Central Act No. 25 of 1961).
(3) Any order made by the competent authority under sub-section (2) shall be final.
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Related Section(s)(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)The
Central Government may, by notification, in consultation with the Bureau,--
(a) specify the norms for processes and energy consumption standards for any equipment, 1 [appliance, vehicle, vessel, industrial unit, building or establishment which consumes, generates, transmits or supplies energy; ] (b) specify equipment or appliance 2 [or vehicle, vessel, industrial unit, building or establishment ] or class of equipments or appliances, as the case may be, for the purposes of this Act; 3[(c) prohibit manufacture or import of any equipment or appliance or vehicle or vessel specified under clause (b), unless it conforms to energy consumption standards specified under clause (a): Provided that an industrial unit specified under clause (b) shall close its operations unless it conforms to the norms for processes or energy consumption standards specified under clause (a): Provided further that from the date of notification of norms for processes and energy consumption standards under clause (a), no notification prohibiting such manufacture or import shall be issued–– (i) within a period of six months in the case of equipment or appliance or vehicle or vessel; and (ii) within a period of two years for closure of industrial unit: Provided also that the Central Government may, having regard to the market share and the technological development having impact on equipment or appliance or vehicle or vessel, and for reasons to be recorded in writing, extend the said period of six months referred to above, by a further period not exceeding six month;] (d) direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations; (e) specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, 4[any user or class of users of energy in the energy intensive industries and other establishments as specified in the Schedule as a designated consumer] for the purposes of this Act; (f) alter the list of Energy Intensive Industries 5[and other establishments ] specified in the Schedule; (g) establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary: Provided that the Central Government may prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed; (h) direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under clause (a), the Energy Intensive Industries 6and other establishments] specified in the Schedule to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (i) direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor; (j) specify the matters to be included for the purposes of inspection under sub-section (2) of section 17; (k) direct any designated consumer to furnish to the designated agency, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor; (l) direct any designated consumer to designate or appoint 7[energy auditor or energy manager ] in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of every financial year to the designated agency; (m) prescribe minimum qualification for 8[energy auditors and energy managers] to be designated or appointed under clause (l); (n) direct every designated consumer to comply with energy consumption norms and standards; (o) direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause (g), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view the economic viability of the investment in 9[such form, the time within which and the manner] as may be prescribed; (p) prescribe 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation in the building or building complex; (q) amend the 9[energy conservation and sustainable building codes] to suit the regional and local climatic conditions; (r) direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation; (s) direct, any designated consumer referred to in clause (r), if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (t) take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation; (u) arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation; (v) take steps to encourage preferential treatment for use of energy efficient equipment or appliances: 10 [(w) specify the carbon credit trading scheme; (x) specify minimum share of consumption of non-fossil sources by designated consumers as energy or feedstock, provided different share of consumption may be specified for different types of non-fossil sources for different designated consumers;] Provided that the powers under clauses (p) to (s) shall be exercised in consultation with the concerned State.
1. Subs. by Act 19 of 2022, s. 6, for “appliance” (w.e.f. 1-1-2023).
2. Ins. by s. 6, ibid. (w.e.f. 1-1-2023).
3. Subs. by s. 6, ibid., for clause (c) (w.e.f. 1-1-2023).
4. Subs. by Act 28 of 2010, s. 6, for “any user or class of users of energy as a designated consumer” (w.e.f. 24-8-2010). 5. Ins. by Act 19 of 2022, s. 6, (w.e.f. 1-1-2023). 6. Subs. by s. 6, ibid., for “energy manager” (w.e.f. 1-1-2023). 7. Subs. by Act 28 of 2010, s. 6, for “energy managers” (w.e.f. 24-8-2010). 8. Subs. by s. 6, ibid., for “such form and manner” (w.e.f. 24-8-2010). 9. Subs. by Act 19 of 2022, s. 6, for “energy conservation building codes” (w.e.f. 1-1-2023). 10. Ins. by s. 6, ibid. (w.e.f. 1-1-2023). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4; (b) the fee and allowances to be paid to the members under sub-section (5) of section 4; (c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9; (d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10; (e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13; (f) the energy consumption norms and standards for designated consumers under clause (g) of section 14; (g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14; (h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14; (i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14; (j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14; (k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14; (l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;; 3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A; (laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;] (m) the matters relating to inspection under sub-section (2) of section 17; (n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22; (o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23; (p) the form in which the accounts of the Bureau shall be maintained under section 25; (q) the manner of holding inquiry under sub-section (1) of section 27; (r) the form and fee for filing appeal under sub-section (2) of section 31; 3* * * * * (v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 28 of 2010, s. 13, for "energy managers" (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023). 3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010). 4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010). (1) With effect from such
date as the Central Government may, by notification, appoint, there shall be established, for the purposes
of this Act, a Bureau to be called the Bureau of Energy Efficiency.
(2) The Bureau shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Bureau shall be at Delhi. (4) The Bureau may establish offices at other places in India. (1) If any person fails to comply with the provisions of clause (c) or clause (d) or
clause (h) or clause (i) or clause (k) or clause (l) 1*** or clause (r) or clause (s) of section 14 or clause (b)
or clause (c) or clause (h) of section 15, he shall be liable to a penalty which shall not exceed 2[ten lakh
rupees] for each such failure and, in the case of continuing failure, with an additional penalty which may
extend to 3[ten thousand rupees] for every day during which such failure continues:
Provided that no person shall be liable to pay penalty within five years from the date of commencement of this Act. 4[(1A) If any person fails to comply with the provisions of clause (n) of section 14, he shall be liable to a penalty which shall not exceed ten lakh rupees and, in the case of continuing failure, with an additional penalty which shall not be less than the price of every metric ton of oil equivalent of energy, prescribed under this Act, that is in excess of the prescribed norms.] (2) Any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue.
1. The words, brackets and letter "or clause (n)" omitted by Act of 28 of 2010, s. 8 (w.e.f. 24-8-2010).
2. Subs. by s. 8, ibid., for "ten thousand rupees" (w.e.f. 24-8-2010). 3. Subs. by s. 8, ibid., for "one thousand rupees" (w.e.f. 24-8-2010). 4. Ins. by s. 8, ibid. (w.e.f. 24-8-2010). (1) For the purpose of adjudging under section 26, the State Commission
shall appoint any of its members to be an adjudicating officer for holding an inquiry in such manner as
may be prescribed by the Central Government, after giving any person concerned a reasonable
opportunity of being heard for the purpose of imposing any penalty.
(2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the clauses of the sections specified in section 26, he may impose such penalty as he thinks fit in accordance with the provisions of any of those clauses of that section: Provided that where a State Commission has not been established in a State, the Government of that State shall appoint any of its officer not below the rank equivalent to a Secretary dealing with legal affairs in that State to be an adjudicating officer for the purposes of this section and such officer shall cease to be an adjudicating officer immediately on the appointment of an adjudicating officer by the State Commission on its establishment in that State: Provided further that where an adjudicating officer appointed by a State Government ceased to be an adjudicating officer, he shall transfer to the adjudicating officer appointed by the State Commission all matters being adjudicated by him and thereafter the adjudicating officer appointed by the State Commission shall adjudicate the penalties on such matters. (1) The designated agency may appoint, after the expiry of five years
from the date of commencement of this Act, as many inspecting officers as may be necessary for the
purpose of ensuring compliance with energy consumption standards specified under clause (a) of
section 14 or ensure display of particulars on label on equipment or appliance specified under clause (b)
of section 14 or for the purpose of performing such other functions as may be assigned to them.
(2) Subject to any rules made under this Act, an inspecting officer shall have power to-- (a) inspect any operation carried on or in connection with the equipment or appliance specified under clause (b) of section 14 or in respect of which energy standards under clause (a) of section 14 have been specified; (b) enter any place of designated consumer at which the energy is used for any activity and may require any proprietor, employee, director, manager or secretary or any other person who may be attending in any manner to or helping in, carrying on any activity with the help of energy-- (i) to afford him necessary facility to inspect-- (A) any equipment or appliance as he may require and which may be available at such place; (B) any production process to ascertain the energy consumption norms and standards; (ii) to make an inventory of stock of any equipment or appliance checked or verified by him; (iii) to record the statement of any person which may be useful for, or relevant to, for efficient use of energy and its conservation under this Act. (3) An inspecting officer may enter any place of designated consumer-- (a) where any activity with the help of energy is carried on; and (b) where any equipment or appliance notified under clause (b) of section 14 has been kept, during the hours at which such place is open for production or conduct of business connected therewith. (4) An inspecting officer acting under this section shall, on no account, remove or cause to be removed from the place wherein he has entered, any equipment or appliance or books of account or other documents. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may 1[, by notification in the Official
Gazette,] make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- (a) the scale of fees leviable under this Act and the manner in which such fees shall be levied and collected; (b) the remuneration, if any, payable to a diplomatic or consular officer in the execution of any of the duties vested in him by this Act; (c) the registers to be kept and the returns to be made in pursuance of this Act; and (d) the manner in which copies of tables of fees may be published and distributed. 2[(3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by Act 2 of 1973, s. 3. | ||||||||||||||||
Related Section(s)1[9B. District Mineral Foundation.--(1) In any district affected by mining related operations, the
State Government shall, by notification, establish a trust, as a non-profit body, to be called the District
Mineral Foundation.
(2) The object of the District Mineral Foundation shall be to work for the interest and benefit of persons, and areas affected by mining related operations in such manner as may be prescribed by the State Government. (3) The composition and functions of the District Mineral Foundation shall be such as may be prescribed by the State Government. 2[Provided that the Central Government may give directions regarding composition and utilisation of fund by the District Mineral Foundation.] (4) The State Government while making rules under sub-sections (2) and (3) shall be guided by the provisions contained in article 244 read with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996) and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007). (5) The holder of a mining lease or a 3[composite licence] granted on or after the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 4[,other than those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the Second Schedule, not exceeding one-third of such royalty, as may be prescribed by the Central Government. (6) The holder of a mining lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 5[and those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the Second Schedule in such manner and subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the Central Government.]
1. Ins. by Act 10 of 2015, s. 9 (w.e.f. 12-1-2015).
2. Ins. by Act 16 of 2021, s. 10 (w.e.f. 28-3-2021). 3. Subs. by Act 16 of 2021, s. 2, for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 4. Ins. by s. 10, ibid. (w.e.f. 28-3-2021). 5. Ins. by s. 10, ibid (w.e.f. 28-3-2021). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the eligibility criteria for different categories of cable operators under sub-section (2) of section 4;] 2[(aa) the form of application, documents to be accompanied and the fees payable under sub-section (4) of section 4;] 3[(aaa) the terms and conditions of registration under sub-section (6) of section4;] 4[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of the notification under sub-section (1) of that section;] (b) the programme code under section 5; (c) the advertisement code under section 6; (d) the form of register to be maintained by a cable operator under section 7; 4[(da) the specifications of interference standards for interfering with any telecommunication system under section 10;] 5[(db) the designated officer under sub-section (1) of section 16;] (e) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 12, ibid., for clause (a) (w.e.f. 25-10-2011).
2. Subs. by s. 12, ibid., for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by s. 12, ibid., for clause (aaa) (w.e.f. 25-10-2011). 4. Ins. by s. 12, ibid. (w.e.f. 25-10-2011). 5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 3-10-2023). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- (a) institutions that may hold shares of the Institution under sub-section (3) of section 5; (b) the manner of election of directors by shareholders under clause (e) of sub-section (1) of section 6; (c) the terms and conditions of induction of independent directors to the Board under sub-section (5) of section 6; (d) the fees and reimbursements in respect of independent directors under sub-section (3), and the term of office and other terms and conditions of service of, the Chairperson, Managing Director, Deputy Managing Directors and other directors of Board under sub-section (5), of section 9; (e) manner of disclosure of interest by members of Board and of committees under sub-section (1) of section 16; (f) the threshold for determination of beneficial interest by directors of the Institution or any relative of such director under the Explanation to sub-section (3) of section 18; (g) conditions subject to which the Institution may enter into a contract or an arrangement under sub-section (1) of section 19; (h) the parameters on the basis of which the external agency shall review the performance of the Institution under sub-section (2) of section 20; (i) the rate of fees for Government under section 22; (j) the form and manner in which the balance-sheet and accounts of the Institution shall be prepared under sub-section (1) of section 25; (k) any other matter which is to be, or may be, prescribed. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the term of office of the members other than the member referred to in clause (b) of sub-section (4) of section 4, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members, under sub-section (5) of section 4; (b) the powers which may be exercised and the duties which may be performed by the Chairman as the chief executive of the Authority under section 6; (c) the powers which may be exercised and the duties which shall be performed by the Secretary of the Authority under sub-section (1) of section 7; (d) the control and restrictions subject to which other officers and employees may be appointed by the Authority under sub-section (3) of section 7; (e) the form in which and the time within which option may be given by the officers and employees of the Processed Foods Export Promotion Council under sub-section (3) of section 8; (f) payment of fees for the registration of exporters of Scheduled products under clause (b) of sub-section (2) of section 10; (g) persons other than the owners from whom the collection of statistics in respect of any matter relating to Scheduled products may be made under clause (h) of sub-section (2) of section 10; (h) the additional matters in respect of which the Authority may undertake measures in the discharge of its functions under clause (j) of sub-section (2) of section 10; 1 [(ha) the measures for registration and protection of the Intellectual Property rights under section 10A;] (i) the form and the manner of making application for registration and for cancellation of registration, the fee payable on such application and the procedure to be followed in granting and cancelling registration and the conditions governing such registration, under section 13; (j) the time at which and the manner in which an exporter shall furnish returns to the Authority under sub-section (1) of section 14; (k) the form in which the accounts of the Authority shall be maintained under sub-section (1) of section 18; (l) the form and manner in which and the time at which the Authority shall furnish returns and statements to the Central Government under sub-section (1) of section 21; (m) the form in which and the date before which the Authority shall furnish to the Central Government the report of its activities and programme under sub-section (2) of section 21; (n) any other matter which is to be or may be prescribed under this Act.
1 Ins. by Act 20 of 2009, s. 6 (w.e.f. 13-10-2008).
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Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Government may, by notification, make rules to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the use of metal for the purpose of making any coin under clause (f) of section 2; (b) the per cent. of metals for any coin under clause (i) of section 2; (c) the standard weight for any coin under clause (l) of section 2; (d) the dimensions, designs, metals, mixed metals or their composition, for coins under section 4; (e) the standard weight of coins and the remedy allowed in making such coins under section 5 | ||||||||||||||||
Related Section(s)All fees, charges and other sums received by
any Registrar, Additional, Joint, Deputy or Assistant Registrar or any other officer of the Central
Government in pursuance of any provision of this Act shall be paid into the public account of India in the
Reserve Bank of India.
(1) Save as
otherwise provided elsewhere in this Act, any person may--
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed: Provided that the rights conferred by this sub-section shall be exercisable-- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government. (2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal. (3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document. (1) Any document, required to be submitted, filed, registered or recorded,
or any fact or information required or authorised to be registered under this Act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:
1[Provided that where any document, fact or information required to be submitted, filed, registered or recorded, as the case may be, under section 92 or 137 is not submited, filed, registered or recorded, as the case may be, within the period provided in those sections, without prejudice to any other legal action or liability under this Act, it may be submitted, filed, registered or recorded, as the case may be, after expiry of the period so provided in those sections, on payment of such additional fee as may be prescribed, which shall not be less than one hundred rupees per day and different amounts may be prescribed for different classes of companies:] 2[Provided further that where the document, fact or information, as the case may be, in cases other than referred to in the first proviso, is not submitted, filed, registered or recorded, as the case may be, within the period provided in the relevant section, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded as the case may be, on payment of such additional fee as may be prescribed and different fees may be prescribed for different classes of companies: 3[Provided also that where there is default on two or more occasions in submitting, filing, registering or recording of such document, fact or information, as may be prescribed, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded, as the case may be, on payment of such higher additional fee, as may be prescribed.]] 4[(2) Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the relevant section, the company and the officers of the company who are in default, shall, without prejudice to the liability for the payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.]
1. Subs. by Act 1 of 2018, s. 80, for the first proviso (w.e.f. 7-5-2018).
2. Subs. by, s. 80, ibid, for second and third proviso (w.e.f. 1-7-2022). 3. Subs. by Act 29 of 2020, s. 56, for the third proviso (w.e.f. 1-7-2022). 4. Subs. by Act 1 of 2018, s. 80, for sub-section (2) (w.e.f. 7-5-2018). (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) For the purposes of exercising such powers and discharging such
functions as are conferred on the Central Government by or under this Act or under the rules made
thereunder and for the purposes of registration of companies under this Act, the Central Government
shall, by notification, establish such number of offices at such places as it thinks fit, specifying their
jurisdiction.
(2) The Central Government may appoint such Registrars, Additional, Joint, Deputy and Assistant Registrars as it considers necessary for the registration of companies and discharge of various functions under this Act, and the powers and duties that may be exercisable by such officers shall be such as may be prescribed. (3) The terms and conditions of service, including the salaries payable to persons appointed under sub-section (2), shall be such as may be prescribed. (4) The Central Government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companies. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Secretary of the Council (who may
also, if it is deemed expedient by the Council, act as Treasurer) shall, for three years from the first
constitution of the Council, be a person appointed by the Central Government and shall hold office during
the pleasure of the Central Government.
(2) The Council shall-- (a) elect from among its members a Vice-President; (b) constitute from among its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act; (c) subject to the provisions of sub-section (1), appoint a Secretary, who may also, if deemed expedient, act as Treasurer; (d) appoint or nominate such other officers and servants as the Council deems necessary to carry out the purposes of this Act; (e) require and take from the Secretary, or from any other officer or servant, such security for the due performance of his duties as the Council deems necessary; (f) with the previous sanction of the Central Government, fix the fees and allowances to be paid to the President, Vice-President and members and the pay and allowances of officers and servants of the Council. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[(1) Subject to the provisions of this section and such other
conditions and restrictions as may be prescribed, the Central Government may, on an application
made in this behalf, register as a citizen of India any person not being an illegal migrant who is not
already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to
any of the following categories, namely:--
(a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India; (c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6; (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and 2[is ordinarily resident in India for twelve months] immediately before making an application for registration; (g) a person of full age and capacity who has been registered as an 3[Overseas Citizen of India Cardholder] for five years, and who 4[is ordinarily resident in India for twelve months] before making an application for registration. Explanation 1.--For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if-- (i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and (ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years. Explanation 2.--For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.] 5[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks.] (2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule. (3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government. (4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India. (5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 6[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.].
1. Subs. by Act 6 of 2004, s. 5, for sub-section (1) (w.e.f. 3-12-2004).
2. Subs. by Act 1 of 2015, s. 3, for "has been residing in India for one year" (w.e.f. 6-1-2015). 3. Subs. by s. 3, ibid., for "Overseas Citizen of India" (w.e.f. 6-1-2015). 4. Subs. by s.3, ibid., for "has been residing in India for one year" (w.e.f. 6-1-2015). 5. Ins. by Act 1 of 2015, s. 3 (w.e.f. 6-1-2015). 6. Ins. by Act 6 of 2004, s. 5 (w.e.f. 3-12-2004) (1) The Central Government may, by notification in the Official
Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 2[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 3[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 4[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 5[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 [Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both]. 7 [(4) Every rule made under this section 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 session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].
1. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).
2. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 3. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 4. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 5. The proviso ins. by Act 6 of 2004, s. 15 (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986) | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). [Passports, etc., not to be issued to persons who cannot emigrate under Act 7 of 1922].--Omitted
by the Passports (Amendment) Act, 1993 (35 of 1993), s. 8 (w.e.f. 1-7-1993).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the form and manner in which an application for obtaining a certificate of registration for commencing or carrying on the business of warehousing issuing negotiable warehouse receipts may be made and the fees which shall accompany such application under sub-section (2) of section 4; (b) the form in which a certificate for registration of warehouses may be issued under sub-section (3) of section 4; (c) the financial, managerial and other eligibility criteria and competence which an applicant for registration of warehouses shall satisfy under sub-section (4) of section 4; (d) the qualification and other requirements which a person applying for functioning as an accreditation agency shall fulfill under sub-section (2) of section 5; (e) the form and manner in which an application for registration as an accreditation agency may be made and the fees which shall accompany such application under sub-section (3) of section 5; (f) the form of certificate of registration of accreditation agency under sub-section (4) of section 5; (g) the salary and allowances payable to, and the other terms and conditions of service of the Chairperson and other members under section 28; (h) such other powers that may be exercised by the Authority under clause (p) of sub-section (2) of section 35; (i) the form and manner of maintenance of annual statement of accounts to be maintained by the Authority under sub-section (1) of section 38; (j) the form and manner in which and the time within which returns and statements and particulars are to be furnished by the Authority to the Central Government under sub-section (1) of section 39; (k) the form and the manner in which an appeal may be made to the Appellate Authority and the fee which shall accompany such appeal under sub-section (2) of section 42; (l) the procedure to be followed by the Appellate Authority in disposing of an appeal under sub-section (3) of section 42; (m) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)@centre1@1[CHAPTER IIIA@/centre1@
@centre2@PRE-INSTITUTION MEDIATION AND SETTLEMENT @/centre2@ 12A. Pre-Institution Mediation and Settlement.--- (1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of preinstitution mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government. (2) The Central Government may, by notification, authorise the Authorities constituted under the Legal Services Authorities Act, 1987 (39 of 1987), for the purposes of pre-institution mediation. (3) Notwithstanding anything contained in the Legal Services Authorities Act, 1987 (39 of 1987), the Authority authorised by the Central Government under sub-section (2) shall complete the process of mediation within a period of three months from the date of application made by the plaintiff under sub-section (1): Provided that the period of mediation may be extended for a further period of two months with the consent of the parties: Provided further that, the period during which the parties remained occupied with the pre-institution mediation, such period shall not be computed for the purpose of limitation under the Limitation Act, 1963 (36 of 1963). (4) If the parties to the commercial dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties to the dispute and the mediator. (5) The settlement arrived at under this section shall have the same status and effect as if it is an arbitral award on agreed terms under sub-section (4) of section 30 of the Arbitration and Conciliation Act, 1996 (26 of 1996).]
1. Ins. by Act 28 of 2018, s. 11 (w.e.f. 3-5-2018).
17. Collection and disclosure of data by 1[Commercial Courts, Commercial Appellate Courts],
Commercial Divisions and Commercial Appellate Divisions.--The statistical data regarding the
number of suits, applications, appeals or writ petitions filed before the 1[Commercial Courts, Commercial
Appellate Courts], Commercial Division, or Commercial Appellate Division, as the case may be, the
pendency of such cases, the status of each case, and the number of cases disposed of, shall be maintained
and updated every month by each 1[Commercial Courts, Commercial Appellate Courts], Commercial
Division, Commercial Appellate Division and shall be published on the website of the relevant High
Court.
1. Subs. by Act 28 of 2018, s. 15, for "Commercial Courts" and "Commercial Court" (w.e.f. 3-5-2018).
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Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[(1)] The Bar Council of India may
make rules for discharging its functions under this Act, and, in particular, such rules may prescribe--
2[(a) the conditions subject to which an advocate may be entitled to vote at an election to the State Bar Council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a State Bar Council; (ab) qualifications for membership of a Bar Council and the disqualifications for such membership; (ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll; (ae) the manner in which the seniority among advocates may be determined; 3[(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;] (ag) the class or category of persons entitled to be enrolled as advocates; (ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;] (b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another; (c) the standards of professional conduct and etiquette to be observed by advocates; (d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose; (e) the foreign qualifications in law obtained by persons other than citizens of India which shall be recognised for the purpose of admission as an advocate under this Act; (f) the procedure to be followed by the disciplinary committee of a State Bar Council and by its own disciplinary committee; (g) the restrictions in the matter of practice to which senior advocates shall be subject; 4[(gg) the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal;] (h) the fees which may be levied in respect of any matter under this Act; 5[(i) general principles for guidance of State Bar Councils and the manner in which directions issued or orders made by the Bar Council of India may be enforced; (j) any other matter which may be prescribed:] 6[Provided that no rules made with reference to clause (c) or clause (gg) shall have effect unless they have been approved by the Chief Justice of India:] 7[Provided further that] no rules made with reference to clause (e) shall have effect unless they have been approved by the Central Government. 7[(2) Notwithstanding anything contained in the first proviso to sub-section (1), any rules made with reference to clause (c) or clause (gg) of the said sub-section and in force immediately before the commencement of the Advocates (Amendment) Act, 1973 (60 of 1973), shall continue in force until altered or repealed or amended in accordance with the provisions of this Act.]
1. Section 49 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 38 (w.e.f. 31-1-1974).
2. Subs. by Act 21 of 1964, s. 20, for clause (a) (w.e.f. 16-5-1964). 3. Subs. by Act 60 of 1973, s. 38, for clause (af) (w.e.f. 31-1-1974). 4. Ins. by s. 38, ibid. (w.e.f. 31-1-1974). 5. Subs. by Act 21 of 1964, s. 20, for clause (i) (w.e.f. 16-5-1964). 6. Subs. by Act 60 of 1973, s. 38, for "Provided that" (w.e.f. 31-1-1974). 7. Ins. by s. 38, ibid. (w.e.f. 31-1-1974). (1) Subject to the provisions of this
Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if
he fulfils the following conditions, namely:--
(a) he is a citizen of India: Provided that subject to the other provisions contained in this Act, a national of any other country may be admitted as an advocate on a State roll, if citizens of India, duly qualified, are permitted to practise law in that other country; (b) he has completed the age of twenty-one years; (c) he has obtained a degree in law-- (i) before the 1[12th day of March, 1967], from any University in the territory of India; or (ii) before the 15th day of August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or 2[(iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia), after undergoing a three-year course of study in law from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or (iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or] 3[(iv) in any other case, from any University outside the territory of India, if the degree is recognised for the purposes of this Act by the Bar Council of India; or] 4[he is a barrister and is called to the Bar on or before the 31st day of December, 1976; 5[or has passed passed the article clerk's examination or any other examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court; or has obtained such other foreign qualification in law as is recognised by the Bar Council of India for the purpose of admission as an advocate under this Act]; 6* * * * * (e) he fulfils such other conditions as may be specified in the rules made by the State Bar Council under this Chapter; 7[(f) he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and an enrolment fee payable to the State Bar Council of 8[six hundred rupees and to the Bar Council of India, one hundred and fifty rupees by way of a bank draft drawn in favour of that Council:] Provided that where such person is a member of the Scheduled Castes or the Scheduled Tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the State Bar Council shall be 9[one hundred rupees and to the Bar Council of India, twenty-five rupees.] 10[Explanation.-- For the purposes of this sub-section, a person shall be deemed to have obtained a degree in law from a University in India on the date on which the results of the examination for that degree are published by the University on its notice board or otherwise declaring him to have passed that examination.] (2) Notwithstanding anything contained in sub-section (1), 11[a vakil or a pleader who is a law graduate] may be admitted as an advocate on a State roll if he-- (a) makes an application for such enrolment in accordance with the provisions of this Act, not later than two years from the appointed day; and (b) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 12[(3) Notwithstanding anything contained in sub-section (1) a person who-- (a) 13*** has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time time to be enrolled under any law 14*** as an advocate of a High Court (including a High Court of a former Part B State) or of a Court of Judicial Commissioner in any Union territory; or-- 15[(aa) before the 1st day of December, 1961, was entitled otherwise than as an advocate to practise the the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date; or] 16* * * * * (c) before the 1st day of April, 1937, has been an advocate of any High Court in any area which was comprised within Burma as defined in the Government of India Act, 1935 (25 & 26 Geo. 5 C 42); or (d) is entitled to be enrolled as an advocate under any rule made by the Bar Council of India in this behalf, may be admitted as an advocate on a State roll if he-- (i) makes an application for such enrolment in accordance with the provisions of this Act; and (ii) fulfils the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1). 17* * * * *
1. Subs. by Act 60 of 1973, s. 18, for 28th day of February, 1963 (w.e.f. 31-1-1974).
2. Subs. by s. 18, ibid., for sub-clause (iii) (w.e.f. 31-1-1974). 3. Ins. by Act 21 of 1964, s. 13 (w.e.f. 16-5-1964). 4. Subs. by Act 60 of 1973, s. 18, for he is a barrister (w.e.f. 31-1-1974). 5. Ins. by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976). 6. Clause (d) omitted by Act 60 of 1973, s. 18 (w.e.f 31-1-1974). 7 . Subs. by s. 18, ibid., for clause (f) (w.e.f. 31-1-1974). 8. Subs. by Act 70 of 1993, s. 6, for "two hundred and fifty rupees" (w.e.f. 26-12-1993). 9. Subs. by Act 70 of 1993, s. 6, for "one hundred and twenty-five rupees" (w.e.f. 26-12-1993). 10. Ins. by Act 14 of 1962, s. 2 (w.e.f. 30-3-1962). 11. Subs. by Act 21 of 1964, s. 13, for certain words (w.e.f. 16-5-1964). 12. Ins. by s. 13, ibid. (w.e.f. 16-5-1964). 13. The words, "figures and letter before the 31st day of March, 1964", omitted by Act 33 of 1968, s. 2 (w.e.f. 5-6-1968). 14. The words "then in force" omitted by s. 2, ibid. (w.e.f. 5-6- 1968). 15. Ins. by Act 60 of 1973, s. 18 (w.e.f. 31-1-1974). 16. Clause (b) omitted by s. 18, ibid. (w.e.f. 31-1-1974). 17. Sub-section (4) omitted by Act 107 of 1976, s. 6 (w.e.f. 15-10-1976) 1[(1)] The functions of the Bar Council of India shall be
2* * * * * (b) to lay down standards of professional conduct and etiquette for advocates; (c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council; (d) to safeguard the rights, privileges and interests of advocates; (e) to promote and support law reform; (f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council; (g) to exercise general supervision and control over State Bar Councils; (h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils; (i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities 3[or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf]; 4[(ia) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest; (ib) to organise legal aid to the poor in the prescribed manner; (ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;] (j) to manage and invest the funds of the Bar Council; (k) to provide for the election of its members; (l) to perform all other functions conferred on it by or under this Act; (m) to do all other things necessary for discharging the aforesaid functions. 4[(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of-- (a) giving financial assistance to organise welfare schemes for indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made in this behalf. 5[(c) establishing law libraries.] (3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.]
1. Section 7 re-numbered as sub-section (1) of that section by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974).
2. Clause (a) omitted by s. 7, ibid. (w.e.f. 31-1-1974). 3. Added by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). 4. Ins. by Act 60 of 1973, s. 7 (w.e.f. 31-1-1974). 5. Ins. by Act 70 of 1993, s. 3 (w.e.f. 26-12-1993). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). 1[16. Security procedures and practices.--The Central Government may, for the purposes of sections
14 and 15, prescribe the security procedures and practices:
Provided that in prescribing such security procedures and practices, the Central Government shall have regard to the commercial circumstances, nature of transactions and such other related factors as it may consider appropriate.]
1. Subs. by s 11, ibid., for sections 15 and 16 (w.e.f. 27-10-2009).
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Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) Subject to the provisions of this Chapter, every company shall,
at the first annual general meeting, appoint an individual or a firm as an auditor who shall hold office
from the conclusion of that meeting till the conclusion of its sixth annual general meeting and thereafter
till the conclusion of every sixth meeting and the manner and procedure of selection of auditors by the
members of the company at such meeting shall be such as may be prescribed:
1* * * * * Provided further that before such appointment is made, the written consent of the auditor to such appointment, and a certificate from him or it that the appointment, if made, shall be in accordance with the conditions as may be prescribed, shall be obtained from the auditor: Provided also that the certificate shall also indicate whether the auditor satisfies the criteria provided in section 141: Provided also that the company shall inform the auditor concerned of his or its appointment, and also file a notice of such appointment with the Registrar within fifteen days of the meeting in which the auditor is appointed. Explanation.-- For the purposes of this Chapter, "appointment" includes re-appointment. (2) No listed company or a company belonging to such class or classes of companies as may be prescribed, shall appoint or re-appoint-- (a) an individual as auditor for more than one term of five consecutive years; and (b) an audit firm as auditor for more than two terms of five consecutive years: Provided that-- (i) an individual auditor who has completed his term under clause (a) shall not be eligible for re-appointment as auditor in the same company for five years from the completion of his term; (ii) an audit firm which has completed its term under clause (b), shall not be eligible for reappointment as auditor in the same company for five years from the completion of such term: Provided further that as on the date of appointment no audit firm having a common partner or partners to the other audit firm, whose tenure has expired in a company immediately preceding the financial year, shall be appointed as auditor of the same company for a period of five years: 2[Provided also that every company, existing on or before the commencement of this Act which is required to comply with provisions of this sub-section, shall comply with the requirements of this subsection within three years from the date of commencement of this Act:] Provided also that, nothing contained in this sub-section shall prejudice the right of the company to remove an auditor or the right of the auditor to resign from such office of the company. (3) Subject to the provisions of this Act, members of a company may resolve to provide that-- (a) in the audit firm appointed by it, the auditing partner and his team shall be rotated at such intervals as may be resolved by members; or (b) the audit shall be conducted by more than one auditor. (4) The Central Government may, by rules, prescribe the manner in which the companies shall rotate their auditors in pursuance of sub-section (2). Explanation.-- For the purposes of this Chapter, the word "firm" shall include a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008 (6 of 2009). (5) Notwithstanding anything contained in sub-section (1), in the case of a Government company or any other company owned or controlled, directly or indirectly, by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, the Comptroller and Auditor-General of India shall, in respect of a financial year, appoint an auditor duly qualified to be appointed as an auditor of companies under this Act, within a period of one hundred and eighty days from the commencement of the financial year, who shall hold office till the conclusion of the annual general meeting. (6) Notwithstanding anything contained in sub-section (1), the first auditor of a company, other than a Government company, shall be appointed by the Board of Directors within thirty days from the date of registration of the company and in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting. (7) Notwithstanding anything contained in sub-section (1) or sub-section (5), in the case of a Government company or any other company owned or controlled, directly or indirectly, by the Central Government, or by any State Government, or Governments, or partly by the Central Government and partly by one or more State Governments, the first auditor shall be appointed by the Comptroller and Auditor-General of India within sixty days from the date of registration of the company and in case the Comptroller and Auditor-General of India does not appoint such auditor within the said period, the Board of Directors of the company shall appoint such auditor within the next thirty days; and in the case of failure of the Board to appoint such auditor within the next thirty days, it shall inform the members of the company who shall appoint such auditor within the sixty days at an extraordinary general meeting, who shall hold office till the conclusion of the first annual general meeting. (8) Any casual vacancy in the office of an auditor shall-- (i) in the case of a company other than a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor-General of India, be filled by the Board of Directors within thirty days, but if such casual vacancy is as a result of the resignation of an auditor, such appointment shall also be approved by the company at a general meeting convened within three months of the recommendation of the Board and he shall hold the office till the conclusion of the next annual general meeting; (ii) in the case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor-General of India, be filled by the Comptroller and Auditor-General of India within thirty days: Provided that in case the Comptroller and Auditor-General of India does not fill the vacancy within the said period, the Board of Directors shall fill the vacancy within next thirty days. (9) Subject to the provisions of sub-section (1) and the rules made thereunder, a retiring auditor may be re-appointed at an annual general meeting, if-- (a) he is not disqualified for re-appointment; (b) he has not given the company a notice in writing of his unwillingness to be re-appointed; and (c) a special resolution has not been passed at that meeting appointing some other auditor or providing expressly that he shall not be re-appointed. (10) Where at any annual general meeting, no auditor is appointed or re-appointed, the existing auditor shall continue to be the auditor of the company. (11) Where a company is required to constitute an Audit Committee under section 177, all appointments, including the filling of a casual vacancy of an auditor under this section shall be made after taking into account the recommendations of such committee.
1. The first proviso omitted by s. 40, ibid. (w.e.f. 7-5-2018).
2. Subs. by notification No. S.O. 2264(E), dated 30th June, 2016, for the proviso (w.e.f.1-4-2014 | ||||||||||||||||
Related Section(s)(1) The President shall make rules—
(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 the case of a difference of opinion between the Administrator and the Council of Ministers or a Minister. (2) Save as otherwise provided in this Act, all executive action of the Administrator, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the Administrator. (3) Orders and other instruments made and executed in the name of the Administrator, shall be authenticated in such manner as may be specified in rules to be made by the Administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Administrator. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the annual targets to be specified under sub-section (2) of section 4; (b) the fiscal indicators to be prescribed for the purpose of sub-section (2) of section 3; 1[(ba) the expenditure indicators with specifications of underlying assumptions and risk involved under clause (a) of sub-section (6A) of section 3;] (c) the forms of the Medium-term Fiscal Policy Statement, 2[Fiscal Policy Strategy Statement, Medium-term Expenditure Framework Statement] and Macro-economic Frame Work Statement referred to in sub-section (7) of section 3; 3* * * * * (d) the disclosures and form in which such disclosures shall be made under sub-section (2) of section 6; 4[(da) the level of short fall in revenue or excess of expenditure under sub-section (2) of section 7;] (e) any other matter which is required to be, or may be, prescribed.
1. Ins. by s. 150, ibid. (w. e. f. 28-5-2012).
2. Subs. by s. 150, ibid., for Fiscal Policy Strategy Statement (w.e.f. 28-5-2012). 3. Clause (ca) omitted by Act of 13 of 2018, s. 216 (w.e.f. 31-3-2018). 4. Ins. by s. 216, ibid. (w.e.f. 31-3-2018). | ||||||||||||||||
Related Section(s)Where the Central Government is of the opinion that it is necessary or
expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such
conditions, if any, as it may specify in the notification,--
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions. | ||||||||||||||||
Related Section(s)1[28A. Power of Central Government to make rules.--2[(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(1A) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure to be followed in making applications under section 20A and the fees payable in respect of such application; (b) the qualifications and experience of persons to be appointed as Chief Inspectors, Deputy Chief Inspectors and Inspectors; (c) the manner in which appeals may be preferred to the Board, the fees payable in respect of appeals and the procedure to be followed of disposing such appeals; (d) the term of office of the members and the manner in which they shall be nominated under clauses (b) and (c) of sub-section (2) of section 27A; (e) the qualifications and experience of the Technical Adviser; (f) for requiring boilers to be under the charge of persons holding certificate of proficiency or competency and for prescribing the conditions on which such certificate may be granted; (g) the manner in which and the person who shall conduct inquiry into the accident.] (2) Every rule 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 3[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 18 of 1960, s. 16.
2. Subs. by Act 49 of 2007, s. 26, for sub-section (1) (w.e.f. 27-5-2008). 3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. (1) Subject to the provisions of this Act, the Central Government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) This Act may be called the 1[Van (Sanrakshan
Evam Samvardhan) Adhiniyam], 1980.
(2) It extends to the whole of India 2***. (3) It shall be deemed to have come into force on the 25th day of October, 1980.
1. Subs. by s. 3, ibid., for "Forest (Conservation) Act" (w.e.f. 1-12-2023).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)The Central Government may
prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of
Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949
(38 of 1949), in consultation with and after examination of the recommendations made by the National
Financial Reporting Authority:
1[Provided that until the National Financial Reporting Authority is constituted under section 132 of the Companies Act, 2013 (18 of 2013), the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by National Advisory Committee on Accounting Standards constituted under section 210A of the Companies Act, 1956 (1 of 1956).]
1. Ins. by notification No. S.O. 1227(E), dated 29th March, 2016 (w.e.f 1-4-2015).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
1 Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)(1) The Chairperson or a
Member shall hold office for a term of three years from the date of his appointment 1***:
Provided that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years. 2[(1A) The Central Government shall initiate the process for appointment of the Chairperson or Member, as the case may be, at least six months prior to the expiry of the term of office of such Chairperson or Member.] (2) The conditions of service of the Chairperson and other Members shall be such as may be prescribed. (3) A casual vacancy in the Board shall be filled in accordance with the provisions of section 3 and a person appointed shall hold office only for the remainder of the term for which the member, in whose place he was appointed, would have held that office: 3[Provided that the Central Government may, in case of a casual vacancy in the office of the Chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the Chairperson until such vacancy is filled in.] (4) Before appointing any person as the Chairperson or a Member, the Central Government shall satisfy itself that the person does not and will not, have any such financial or other interest as is likely to affect prejudicially his functions as such Member. (5) No Member of the Board shall be a beneficiary of the Trust during the period such Member holds office. (6) The Board shall meet at least once in three months at such time and place as may be determined by the Board by regulations and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed. (7) The Chairperson, if for any reason is unable to attend the meeting of the Board, any Member elected by the Members present from amongst themselves at the meeting, shall preside at the meeting. (8) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the Members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the person presiding shall have a second or casting vote.
1. The words "or until his successor shall have been duly appointed, whichever is longer" omitted by Act 35 of 2018, s. 2,
(w.e.f 29.12.2018)
2. Ins. by Act 35 of 2018, s. 2, (w.e.f. 29.12.2018). 3. The proviso ins. by s. 2, ibid (w.e.f. 29.12.2018). (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying 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 of the following matters, namely:-- (a) the procedure in accordance with which the persons representing registered organisation shall be elected under clause (b) of sub-section (4) of section 3; (b) the conditions of service of the Chairperson and Members under sub-section (2) of section 4; (c) the rules of procedure in the transaction of business at meetings of the Board under sub- section (6) of section 4; (d) the powers and duties of the Chief Executive Officer under sub-section (1) of section 8; (e) the form in which an application for guardianship may be made by a registered organisation under sub-section (2) of section 14; (f) the procedure in accordance with which a guardian may be removed under section 17; (g) the form in which, and the time within which, the budget of the Trust shall be forwarded to the Central Government under section 23; (h) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 24; (i) the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25; (j) any other matter which is required to be, or may be, prescribed. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
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2018-04-26
Energy Conservation (energy Consumption Norms And Standards For Designated Consumers, Form, Time Within Which , And Manner Of Preparation And Implementation Of Scheme, Procedure For Issue Of Energy Savings Certificate And Value Of Per Metric Tonne Of Oil Equivalent Of Energy Consumed) Amendment Rules, 2018.
Related Section(s)The
Central Government may, by notification, in consultation with the Bureau,--
(a) specify the norms for processes and energy consumption standards for any equipment, 1 [appliance, vehicle, vessel, industrial unit, building or establishment which consumes, generates, transmits or supplies energy; ] (b) specify equipment or appliance 2 [or vehicle, vessel, industrial unit, building or establishment ] or class of equipments or appliances, as the case may be, for the purposes of this Act; 3[(c) prohibit manufacture or import of any equipment or appliance or vehicle or vessel specified under clause (b), unless it conforms to energy consumption standards specified under clause (a): Provided that an industrial unit specified under clause (b) shall close its operations unless it conforms to the norms for processes or energy consumption standards specified under clause (a): Provided further that from the date of notification of norms for processes and energy consumption standards under clause (a), no notification prohibiting such manufacture or import shall be issued–– (i) within a period of six months in the case of equipment or appliance or vehicle or vessel; and (ii) within a period of two years for closure of industrial unit: Provided also that the Central Government may, having regard to the market share and the technological development having impact on equipment or appliance or vehicle or vessel, and for reasons to be recorded in writing, extend the said period of six months referred to above, by a further period not exceeding six month;] (d) direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations; (e) specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, 4[any user or class of users of energy in the energy intensive industries and other establishments as specified in the Schedule as a designated consumer] for the purposes of this Act; (f) alter the list of Energy Intensive Industries 5[and other establishments ] specified in the Schedule; (g) establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary: Provided that the Central Government may prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed; (h) direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under clause (a), the Energy Intensive Industries 6and other establishments] specified in the Schedule to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (i) direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor; (j) specify the matters to be included for the purposes of inspection under sub-section (2) of section 17; (k) direct any designated consumer to furnish to the designated agency, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor; (l) direct any designated consumer to designate or appoint 7[energy auditor or energy manager ] in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of every financial year to the designated agency; (m) prescribe minimum qualification for 8[energy auditors and energy managers] to be designated or appointed under clause (l); (n) direct every designated consumer to comply with energy consumption norms and standards; (o) direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause (g), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view the economic viability of the investment in 9[such form, the time within which and the manner] as may be prescribed; (p) prescribe 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation in the building or building complex; (q) amend the 9[energy conservation and sustainable building codes] to suit the regional and local climatic conditions; (r) direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation; (s) direct, any designated consumer referred to in clause (r), if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (t) take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation; (u) arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation; (v) take steps to encourage preferential treatment for use of energy efficient equipment or appliances: 10 [(w) specify the carbon credit trading scheme; (x) specify minimum share of consumption of non-fossil sources by designated consumers as energy or feedstock, provided different share of consumption may be specified for different types of non-fossil sources for different designated consumers;] Provided that the powers under clauses (p) to (s) shall be exercised in consultation with the concerned State.
1. Subs. by Act 19 of 2022, s. 6, for “appliance” (w.e.f. 1-1-2023).
2. Ins. by s. 6, ibid. (w.e.f. 1-1-2023).
3. Subs. by s. 6, ibid., for clause (c) (w.e.f. 1-1-2023).
4. Subs. by Act 28 of 2010, s. 6, for “any user or class of users of energy as a designated consumer” (w.e.f. 24-8-2010). 5. Ins. by Act 19 of 2022, s. 6, (w.e.f. 1-1-2023). 6. Subs. by s. 6, ibid., for “energy manager” (w.e.f. 1-1-2023). 7. Subs. by Act 28 of 2010, s. 6, for “energy managers” (w.e.f. 24-8-2010). 8. Subs. by s. 6, ibid., for “such form and manner” (w.e.f. 24-8-2010). 9. Subs. by Act 19 of 2022, s. 6, for “energy conservation building codes” (w.e.f. 1-1-2023). 10. Ins. by s. 6, ibid. (w.e.f. 1-1-2023). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4; (b) the fee and allowances to be paid to the members under sub-section (5) of section 4; (c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9; (d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10; (e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13; (f) the energy consumption norms and standards for designated consumers under clause (g) of section 14; (g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14; (h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14; (i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14; (j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14; (k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14; (l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;; 3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A; (laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;] (m) the matters relating to inspection under sub-section (2) of section 17; (n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22; (o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23; (p) the form in which the accounts of the Bureau shall be maintained under section 25; (q) the manner of holding inquiry under sub-section (1) of section 27; (r) the form and fee for filing appeal under sub-section (2) of section 31; 3* * * * * (v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 28 of 2010, s. 13, for "energy managers" (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023). 3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010). 4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010). (1) With effect from such
date as the Central Government may, by notification, appoint, there shall be established, for the purposes
of this Act, a Bureau to be called the Bureau of Energy Efficiency.
(2) The Bureau shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Bureau shall be at Delhi. (4) The Bureau may establish offices at other places in India. (1) If any person fails to comply with the provisions of clause (c) or clause (d) or
clause (h) or clause (i) or clause (k) or clause (l) 1*** or clause (r) or clause (s) of section 14 or clause (b)
or clause (c) or clause (h) of section 15, he shall be liable to a penalty which shall not exceed 2[ten lakh
rupees] for each such failure and, in the case of continuing failure, with an additional penalty which may
extend to 3[ten thousand rupees] for every day during which such failure continues:
Provided that no person shall be liable to pay penalty within five years from the date of commencement of this Act. 4[(1A) If any person fails to comply with the provisions of clause (n) of section 14, he shall be liable to a penalty which shall not exceed ten lakh rupees and, in the case of continuing failure, with an additional penalty which shall not be less than the price of every metric ton of oil equivalent of energy, prescribed under this Act, that is in excess of the prescribed norms.] (2) Any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue.
1. The words, brackets and letter "or clause (n)" omitted by Act of 28 of 2010, s. 8 (w.e.f. 24-8-2010).
2. Subs. by s. 8, ibid., for "ten thousand rupees" (w.e.f. 24-8-2010). 3. Subs. by s. 8, ibid., for "one thousand rupees" (w.e.f. 24-8-2010). 4. Ins. by s. 8, ibid. (w.e.f. 24-8-2010). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the compensation payable for death; (b) the nature of the injuries for which compensation shall be paid and the amount of such compensation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying 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 service of notices or orders issued or made under this Act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or other association; (b) the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing of any application under this Act; (c) determination of the price of the forfeited property under sub-section (2) of section 28; (d) the procedure for admission and disposal of an application under sub-section (3) of section 36; (e) the qualifications of the members of the Review Committee under sub-section (2) of section 37; and 1[(ee) the time within which sanction for prosecution and recommendation to the Central Government shall be given under sub-section (2) of section 45, and] (f) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 35 of 2008, s. 15 (w.e.f. 31-12-2008).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
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Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Governors
(Emoluments, Allowances and Privileges) Act, 1982.
(2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
2 1st April 1987, vide notification No. G.S.R. 342(E), dated 30th March, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(i). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form of complaint referred to in clause (e) of sub-section (1) of section 2; (b) the term of the Search Committee, the fee and allowances payable to its members and the manner of selection of panel of names under sub-section (5) of section 4; (c) the post or posts in respect of which the appointment shall be made after consultation with the Union Public Service Commission under the proviso to sub-section (3) of section 10; (d) other matters for which the Lokpal shall have the powers of a civil court under clause (vi) of sub-section (1) of section 27; (e) the manner of sending the order of attachment along with the material to the Special Court under sub-section (2) of section 29; (f) the manner of transmitting the letter of request under sub-section (2) of section 36; (g) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal under section 40; (h) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 42; (i) the form and manner and the time for preparing the returns and statements along with particulars under section 43; (j) the form and the time for preparing an annual return giving a summary of its activities during the previous year under sub-section (5) of section 44; 1 [(k) the form and manner of declaration of assets and liabilities by public servants under section 44: Provided that the rules may be made under this clause retrospectively from the date on which that provisions of this Act came into force;] (l) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 45; (m) any other matter which is to be or may be prescribed.
1. Subs. by Act 37 of 2016. s. 3, for clause (k) (w.e.f. 16-1-2014)
(1) The Chairperson and Members shall be appointed by the President after obtaining the
recommendations of a Selection Committee consisting of--
(a) the Prime Minister--Chairperson; (b) the Speaker of the House of the People--Member; (c) the Leader of Opposition in the House of the People--Member; (d) the Chief Justice of India or a Judge of the Supreme Court nominated by him--Member; (e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President--Member. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee. (3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a Search Committee consisting of at least seven persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which, in the opinion of the Selection Committee, may be useful in making the selection of the Chairperson and Members of the Lokpal: Provided that not less than fifty per cent. of the members of the Search Committee shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women: Provided further that the Selection Committee may also consider any person other than the persons recommended by the Search Committee. (4) The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Lokpal. (5) The term of the Search Committee referred to in sub-section (3), the fees and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribed. | ||||||||||||||||
Related Section(s)(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may--
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 1[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All 2[certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such 2[certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 3[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of-- (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.]
1. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023).
2. Subs. by s. 13, ibid., for "extracts" (w.e.f. 1-10-2023). 3. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). (1) The
1[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this
behalf, cause to be registered information as to births and deaths of citizens of India outside India received by
him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship
Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
1. Subs. by s. 2, ibid., for "Registrar-General" (w.e.f. 1-10-2023)
The State Government may, by notification in the Official Gazette,
divide the territory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(1) In this Act, unless the context otherwise requires,--
1[(a) "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (aa) "adoption" shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] "birth" means live-birth or still-birth; 1[(b) "database" means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] "death" means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) "foetal death" means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) "live-birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) "prescribed" means prescribed by rules made under this Act; (f) "State Government", in relation to a Union territory, means the Administrator thereof; (g) "still-birth" means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023).
2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). (1) No suit, prosecution or other legal proceeding
shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising
any power or performing any duty under this Act for anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for-- (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). (1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act. If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal
entry and add thereto the date of the correction or cancellation.
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Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; (c) infectious or contagious diseases for the purposes of section 68; (d) rates of penalty charges under section 73; (e) the manner in which the consignment may be delivered without a railway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section (2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83; (k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) A person shall be eligible
for appointment as an auditor of a company only if he is a chartered accountant:
Provided that a firm whereof majority of partners practising in India are qualified for appointment as aforesaid may be appointed by its firm name to be auditor of a company. (2) Where a firm including a limited liability partnership is appointed as an auditor of a company, only the partners who are chartered accountants shall be authorised to act and sign on behalf of the firm. (3) The following persons shall not be eligible for appointment as an auditor of a company, namely:-- (a) a body corporate other than a limited liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009); (b) an officer or employee of the company; (c) a person who is a partner, or who is in the employment, of an officer or employee of the company; (d) a person who, or his relative or partner-- (i) is holding any security of or interest in the company or its subsidiary, or of its holding or associate company or a subsidiary of such holding company: Provided that the relative may hold security or interest in the company of face value not exceeding one thousand rupees or such sum as may be prescribed; (ii) is indebted to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, in excess of such amount as may be prescribed; or (iii) has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, or its subsidiary, or its holding or associate company or a subsidiary of such holding company, for such amount as may be prescribed; (e) a person or a firm who, whether directly or indirectly, has business relationship with the company, or its subsidiary, or its holding or associate company or subsidiary of such holding company or associate company of such nature as may be prescribed; (f) a person whose relative is a director or is in the employment of the company as a director or key managerial personnel; (g) a person who is in full time employment elsewhere or a person or a partner of a firm holding appointment as its auditor, if such persons or partner is at the date of such appointment or reappointment holding appointment as auditor of more than twenty companies; (h) a person who has been convicted by a court of an offence involving fraud and a period of ten years has not elapsed from the date of such conviction; 1[(i) a person who, directly or indirectly, renders any service referred to in section 144 to the company or its holding company or its subsidiary company. Explanation.-- For the purposes of this clause, the term "directly or indirectly" shall have the meaning assigned to it in the Explanation to section 144.] (4) Where a person appointed as an auditor of a company incurs any of the disqualifications mentioned in sub-section (3) after his appointment, he shall vacate his office as such auditor and such vacation shall be deemed to be a casual vacancy in the office of the auditor.
1. Subs. by Act 1 of 2018, s. 42, for clause (i) (w.e.f. 9-2-2018).
(1) Notwithstanding anything contained in this Chapter, the Central Government may, by order, in respect of
such class of companies engaged in the production of such goods or providing such services as may be
prescribed, direct that particulars relating to the utilisation of material or labour or to other items of cost
as may be prescribed shall also be included in the books of account kept by that class of companies:
Provided that the Central Government shall, before issuing such order in respect of any class of companies regulated under a special Act, consult the regulatory body constituted or established under such special Act. (2) If the Central Government is of the opinion, that it is necessary to do so, it may, by order, direct that the audit of cost records of class of companies, which are covered under sub-section (1) and which have a net worth of such amount as may be prescribed or a turnover of such amount as may be prescribed, shall be conducted in the manner specified in the order. (3) The audit under sub-section (2) shall be conducted by a 1[cost accountant] who shall be appointed by the Board on such remuneration as may be determined by the members in such manner as may be prescribed: Provided that no person appointed under section 139 as an auditor of the company shall be appointed for conducting the audit of cost records: Provided further that the auditor conducting the cost audit shall comply with the cost auditing standards. Explanation.-- For the purposes of this sub-section, the expression cost auditing standards mean such standards as are issued by the 2[Institute of Cost Accountants of India], constituted under the Cost and Works Accountants Act, 1959 (23 of 1959), with the approval of the Central Government. (4) An audit conducted under this section shall be in addition to the audit conducted under section 143. (5) The qualifications, disqualifications, rights, duties and obligations applicable to auditors under this Chapter shall, so far as may be applicable, apply to a cost auditor appointed under this section and it shall be the duty of the company to give all assistance and facilities to the cost auditor appointed under this section for auditing the cost records of the company: Provided that the report on the audit of cost records shall be submitted by the 3[cost accountant] to the Board of Directors of the company (6) A company shall within thirty days from the date of receipt of a copy of the cost audit report prepared in pursuance of a direction under sub-section (2) furnish the Central Government with such report along with full information and explanation on every reservation or qualification contained therein. (7) If, after considering the cost audit report referred to under this section and the information and explanation furnished by the company under sub-section (6), the Central Government is of the opinion that any further information or explanation is necessary, it may call for such further information and explanation and the company shall furnish the same within such time as may be specified by that Government. (8) If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147.
1. Subs. by Act 1 of 2018, s. 45, for Cost Accountant in practice(w.e.f. 9-2-2018).
2. Subs. by s. 45, ibid., for Institute of Cost and Works Accountants of India (w.e.f. 9-2-2018). 3. Subs. by s. 45, ibid., for cost accountant in practice(w.e.f. 9-2-2018). (1) Every auditor of a company
shall have a right of access at all times to the books of account and vouchers of the company, whether
kept at the registered office of the company or at any other place and shall be entitled to require from the
officers of the company such information and explanation as he may consider necessary for the
performance of his duties as auditor and amongst other matters inquire into the following matters,
namely:--
(a) whether loans and advances made by the company on the basis of security have been properly secured and whether the terms on which they have been made are prejudicial to the interests of the company or its members; (b) whether transactions of the company which are represented merely by book entries are prejudicial to the interests of the company; (c) where the company not being an investment company or a banking company, whether so much of the assets of the company as consist of shares, debentures and other securities have been sold at a price less than that at which they were purchased by the company; (d) whether loans and advances made by the company have been shown as deposits; (e) whether personal expenses have been charged to revenue account; (f) where it is stated in the books and documents of the company that any shares have been allotted for cash, whether cash has actually been received in respect of such allotment, and if no cash has actually been so received, whether the position as stated in the account books and the balance sheet is correct, regular and not misleading: Provided that the auditor of a company which is a holding company shall also have the right of access to the records of all 2[its subsidiaries and associate companies] in so far as it relates to the consolidation of its financial statements with that of 1[its subsidiaries and associate companies.] (2) The auditor shall make a report to the members of the company on the accounts examined by him and on every financial statements which are required by or under this Act to be laid before the company in general meeting and the report shall after taking into account the provisions of this Act, the accounting and auditing standards and matters which are required to be included in the audit report under the provisions of this Act or any rules made thereunder or under any order made under sub-section (11) and to the best of his information and knowledge, the said accounts, financial statements give a true and fair view of the state of the company's affairs as at the end of its financial year and profit or loss and cash flow for the year and such other matters as may be prescribed. (3) The auditor's report shall also state-- (a) whether he has sought and obtained all the information and explanations which to the best of his knowledge and belief were necessary for the purpose of his audit and if not, the details thereof and the effect of such information on the financial statements; (b) whether, in his opinion, proper books of account as required by law have been kept by the company so far as appears from his examination of those books and proper returns adequate for the purposes of his audit have been received from branches not visited by him; (c) whether the report on the accounts of any branch office of the company audited under subsection (8) by a person other than the company's auditor has been sent to him under the proviso to that sub-section and the manner in which he has dealt with it in preparing his report; (d) whether the company's balance sheet and profit and loss account dealt with in the report are in agreement with the books of account and returns; (e) whether, in his opinion, the financial statements comply with the accounting standards; (f) the observations or comments of the auditors on financial transactions or matters which have any adverse effect on the functioning of the company; (g) whether any director is disqualified from being appointed as a director under sub-section (2) of section 164; (h) any qualification, reservation or adverse remark relating to the maintenance of accounts and other matters connected therewith; (i) whether the company has adequate 3[internal financial controls with reference to financial statements] in place and the operating effectiveness of such controls; (j) such other matters as may be prescribed. (4) Where any of the matters required to be included in the audit report under this section is answered in the negative or with a qualification, the report shall state the reasons therefor. (5) 4[In the case of a Government company or any other company owned or controlled, directly or indirectly, by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, the Comptroller and Auditor General of India shall appoint the auditor under sub-section (5) or sub-section (7) of Section 139 and direct such auditor the manner in which the accounts of the company are required to be audited and] thereupon the auditor so appointed shall submit a copy of the audit report to the Comptroller and Auditor-General of India which, among other things, include the directions, if any, issued by the Comptroller and Auditor-General of India, the action taken thereon and its impact on the accounts and financial statement of the company. (6) The Comptroller and Auditor-General of India shall within sixty days from the date of receipt of the audit report under sub-section (5) have a right to,-- (a) conduct a supplementary audit of the financial statement of the company by such person or persons as he may authorise in this behalf; and for the purposes of such audit, require information or additional information to be furnished to any person or persons, so authorised, on such matters, by such person or persons, and in such form, as the Comptroller and Auditor-General of India may direct; and (b) comment upon or supplement such audit report: Provided that any comments given by the Comptroller and Auditor-General of India upon, or supplement to, the audit report shall be sent by the company to every person entitled to copies of audited financial statements under sub section (1) of section 136 and also be placed before the annual general meeting of the company at the same time and in the same manner as the audit report. (7) Without prejudice to the provisions of this Chapter, the Comptroller and Auditor-General of India may, in case of any company covered under sub-section (5) or sub-section (7) of section 139, if he considers necessary, by an order, cause test audit to be conducted of the accounts of such company and the provisions of section 19A of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971), shall apply to the report of such test audit. (8) Where a company has a branch office, the accounts of that office shall be audited either by the auditor appointed for the company (herein referred to as the company's auditor) under this Act or by any other person qualified for appointment as an auditor of the company under this Act and appointed as such under section 139, or where the branch office is situated in a country outside India, the accounts of the branch office shall be audited either by the company's auditor or by an accountant or by any other person duly qualified to act as an auditor of the accounts of the branch office in accordance with the laws of that country and the duties and powers of the company's auditor with reference to the audit of the branch and the branch auditor, if any, shall be such as may be prescribed: Provided that the branch auditor shall prepare a report on the accounts of the branch examined by him and send it to the auditor of the company who shall deal with it in his report in such manner as he considers necessary. (9) Every auditor shall comply with the auditing standards. (10) The Central Government may prescribe the standards of auditing or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by the National Financial Reporting Authority: Provided that until any auditing standards are notified, any standard or standards of auditing specified by the Institute of Chartered Accountants of India shall be deemed to be the auditing standards. (11) The Central Government may, in consultation with the National Financial Reporting Authority, by general or special order, direct, in respect of such class or description of companies, as may be specified in the order, that the auditor's report shall also include a statement on such matters as may be specified therein. 5[Provided that until the National Financial Reporting Authority is constituted under section 132, the Central Government may hold consultation required under this sub-section with the Committee chaired by an officer of the rank of Joint Secretary or equivalent in the Ministry of Corporate Affairs and the Committee shall have the representatives from the Institute of Chartered Accountants of India and Industry Chambers and also special invitees from the National Advisory Committee on Accounting Standards and the office of the Comptroller and Auditor-General.] 6[(12) Notwithstanding anything contained in this section, if an auditor of a company, in the course of the performance of his duties as auditor, has reason to believe that an offence involving fraud is being or has been committed against the company by officers or employees of the company, he shall immediately report the matter to the Central Government within such time and in such manner as may be prescribed. Provided that in case of a fraud involving lesser than the specified amount, the auditor shall report the matter to the audit committee constituted under section 177 or to the Board in other cases within such time and in such manner as may be prescribed: Provided further that the companies, whose auditors have reported frauds under this sub-section to the audit committee or the Board but not reported to the Central Government, shall disclose the details about such frauds in the Board's report in such manner as may be prescribed.] (13) No duty to which an auditor of a company may be subject to shall be regarded as having been contravened by reason of his reporting the matter referred to in sub-section (12) if it is done in good faith. (14) The provisions of this section shall mutatis mutandis apply to-- (a) the 7[cost accountant] conducting cost audit under section 148; or (b) the company secretary in practice conducting secretarial audit under section 204. 8 [(15) If any auditor, cost accountant, or company secretary in practice does not comply with the provisions of sub-section (12), he shall, -- (a) in case of a listed company, be liable to a penalty of five lakh rupees; and (b) in case of any other company, be liable to a penalty of one lakh rupees.]
1. Subs. by Act 1 of 2018, s. 42, for clause (i) (w.e.f. 9-2-2018).
2. Subs. by s. 43, ibid., for "its subsidiaries" (w.e.f. 9-2-2018).
3. Subs. by Act 1 of 2018, s. 43, for "internal financial controls system" (w.e.f. 9-2-2018).
4. Subs. by notification No. S.O. 2226(E), dated 4th September, 2014 for certain words (w.e.f. 4-9-2014).
5. Ins. by notification No. S.O. 1226(E), dated 29th March, 2016 (w.e.f. 10-4-2015).
6. Subs. by Act 21 of 2015, s. 13, for sub-section (12) (w.e.f. 14-12-2015).
7. Subs. by Act 1 of 2018, s. 43, for "cost accountant in practice" (w.e.f. 9-2-2018).
8. Subs. by Act 29 of 2020, s. 30, for sub-section (15) (w.e.f. 21-12-2020).
(1) The auditor appointed
under section 139 may be removed from his office before the expiry of his term only by a special
resolution of the company, after obtaining the previous approval of the Central Government in that behalf
in the prescribed manner:
Provided that before taking any action under this sub-section, the auditor concerned shall be given a reasonable opportunity of being heard. (2) The auditor who has resigned from the company shall file within a period of thirty days from the date of resignation, a statement in the prescribed form with the company and the Registrar, and in case of companies referred to in sub-section (5) of section 139, the auditor shall also file such statement with the Comptroller and Auditor-General of India, indicating the reasons and other facts as may be relevant with regard to his resignation. 1[(3) If the auditor does not comply with the provisions of sub-section (2), he or it shall be liable to a penalty of fifty thousand rupees or an amount equal to the remuneration of the auditor, whichever is less, and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of 2 [two lakh rupees].] (4) (i) Special notice shall be required for a resolution at an annual general meeting appointing as auditor a person other than a retiring auditor, or providing expressly that a retiring auditor shall not be reappointed, except where the retiring auditor has completed a consecutive tenure of five years or, as the case may be, ten years, as provided under sub-section (2) of section 139. (ii) On receipt of notice of such a resolution, the company shall forthwith send a copy thereof to the retiring auditor. (iii) Where notice is given of such a resolution and the retiring auditor makes with respect thereto representation in writing to the company (not exceeding a reasonable length) and requests its notification to members of the company, the company shall, unless the representation is received by it too late for it to do so,-- (a) in any notice of the resolution given to members of the company, state the fact of the representation having been made; and (b) send a copy of the representation to every member of the company to whom notice of the meeting is sent, whether before or after the receipt of the representation by the company, and if a copy of the representation is not sent as aforesaid because it was received too late or because of the companys default, the auditor may (without prejudice to his right to be heard orally) require that the representation shall be read out at the meeting: Provided that if a copy of representation is not sent as aforesaid, a copy thereof shall be filed with the Registrar: Provided further that if the Tribunal is satisfied on an application either of the company or of any other aggrieved person that the rights conferred by this sub-section are being abused by the auditor, then, the copy of the representation may not be sent and the representation need not be read out at the meeting. (5) Without prejudice to any action under the provisions of this Act or any other law for the time being in force, the Tribunal either suo motu or on an application made to it by the Central Government or by any person concerned, if it is satisfied that the auditor of a company has, whether directly or indirectly, acted in a fraudulent manner or abetted or colluded in any fraud by, or in relation to, the company or its directors or officers, it may, by order, direct the company to change its auditors: Provided that if the application is made by the Central Government and the Tribunal is satisfied that any change of the auditor is required, it shall within fifteen days of receipt of such application, make an order that he shall not function as an auditor and the Central Government may appoint another auditor in his place: Provided further that an auditor, whether individual or firm, against whom final order has been passed by the Tribunal under this section shall not be eligible to be appointed as an auditor of any company for a period of five years from the date of passing of the order and the auditor shall also be liable for action under section 447. Explanation I.-- It is hereby clarified that the case of a firm, the liability shall be of the firm and that of every partner or partners who acted in a fraudulent manner or abetted or colluded in any fraud by, or in relation to, the company or its director or officers. Explanation II.-- For the purposes of this Chapter the word "auditor" includes a firm of auditors.
1. Subs. by Act 22 of 2019, s. 23, for sub-section (3) (w.e.f. 2-11-2018).
2. Subs. by Act 29 of 2020, s. 29, for "five lakh rupees" (w.e.f. 21-12-2020). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) Subject to the provisions of this Chapter, every company shall,
at the first annual general meeting, appoint an individual or a firm as an auditor who shall hold office
from the conclusion of that meeting till the conclusion of its sixth annual general meeting and thereafter
till the conclusion of every sixth meeting and the manner and procedure of selection of auditors by the
members of the company at such meeting shall be such as may be prescribed:
1* * * * * Provided further that before such appointment is made, the written consent of the auditor to such appointment, and a certificate from him or it that the appointment, if made, shall be in accordance with the conditions as may be prescribed, shall be obtained from the auditor: Provided also that the certificate shall also indicate whether the auditor satisfies the criteria provided in section 141: Provided also that the company shall inform the auditor concerned of his or its appointment, and also file a notice of such appointment with the Registrar within fifteen days of the meeting in which the auditor is appointed. Explanation.-- For the purposes of this Chapter, "appointment" includes re-appointment. (2) No listed company or a company belonging to such class or classes of companies as may be prescribed, shall appoint or re-appoint-- (a) an individual as auditor for more than one term of five consecutive years; and (b) an audit firm as auditor for more than two terms of five consecutive years: Provided that-- (i) an individual auditor who has completed his term under clause (a) shall not be eligible for re-appointment as auditor in the same company for five years from the completion of his term; (ii) an audit firm which has completed its term under clause (b), shall not be eligible for reappointment as auditor in the same company for five years from the completion of such term: Provided further that as on the date of appointment no audit firm having a common partner or partners to the other audit firm, whose tenure has expired in a company immediately preceding the financial year, shall be appointed as auditor of the same company for a period of five years: 2[Provided also that every company, existing on or before the commencement of this Act which is required to comply with provisions of this sub-section, shall comply with the requirements of this subsection within three years from the date of commencement of this Act:] Provided also that, nothing contained in this sub-section shall prejudice the right of the company to remove an auditor or the right of the auditor to resign from such office of the company. (3) Subject to the provisions of this Act, members of a company may resolve to provide that-- (a) in the audit firm appointed by it, the auditing partner and his team shall be rotated at such intervals as may be resolved by members; or (b) the audit shall be conducted by more than one auditor. (4) The Central Government may, by rules, prescribe the manner in which the companies shall rotate their auditors in pursuance of sub-section (2). Explanation.-- For the purposes of this Chapter, the word "firm" shall include a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008 (6 of 2009). (5) Notwithstanding anything contained in sub-section (1), in the case of a Government company or any other company owned or controlled, directly or indirectly, by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, the Comptroller and Auditor-General of India shall, in respect of a financial year, appoint an auditor duly qualified to be appointed as an auditor of companies under this Act, within a period of one hundred and eighty days from the commencement of the financial year, who shall hold office till the conclusion of the annual general meeting. (6) Notwithstanding anything contained in sub-section (1), the first auditor of a company, other than a Government company, shall be appointed by the Board of Directors within thirty days from the date of registration of the company and in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting. (7) Notwithstanding anything contained in sub-section (1) or sub-section (5), in the case of a Government company or any other company owned or controlled, directly or indirectly, by the Central Government, or by any State Government, or Governments, or partly by the Central Government and partly by one or more State Governments, the first auditor shall be appointed by the Comptroller and Auditor-General of India within sixty days from the date of registration of the company and in case the Comptroller and Auditor-General of India does not appoint such auditor within the said period, the Board of Directors of the company shall appoint such auditor within the next thirty days; and in the case of failure of the Board to appoint such auditor within the next thirty days, it shall inform the members of the company who shall appoint such auditor within the sixty days at an extraordinary general meeting, who shall hold office till the conclusion of the first annual general meeting. (8) Any casual vacancy in the office of an auditor shall-- (i) in the case of a company other than a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor-General of India, be filled by the Board of Directors within thirty days, but if such casual vacancy is as a result of the resignation of an auditor, such appointment shall also be approved by the company at a general meeting convened within three months of the recommendation of the Board and he shall hold the office till the conclusion of the next annual general meeting; (ii) in the case of a company whose accounts are subject to audit by an auditor appointed by the Comptroller and Auditor-General of India, be filled by the Comptroller and Auditor-General of India within thirty days: Provided that in case the Comptroller and Auditor-General of India does not fill the vacancy within the said period, the Board of Directors shall fill the vacancy within next thirty days. (9) Subject to the provisions of sub-section (1) and the rules made thereunder, a retiring auditor may be re-appointed at an annual general meeting, if-- (a) he is not disqualified for re-appointment; (b) he has not given the company a notice in writing of his unwillingness to be re-appointed; and (c) a special resolution has not been passed at that meeting appointing some other auditor or providing expressly that he shall not be re-appointed. (10) Where at any annual general meeting, no auditor is appointed or re-appointed, the existing auditor shall continue to be the auditor of the company. (11) Where a company is required to constitute an Audit Committee under section 177, all appointments, including the filling of a casual vacancy of an auditor under this section shall be made after taking into account the recommendations of such committee.
1. The first proviso omitted by s. 40, ibid. (w.e.f. 7-5-2018).
2. Subs. by notification No. S.O. 2264(E), dated 30th June, 2016, for the proviso (w.e.f.1-4-2014 | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). 1[52. [Salary, allowances and other terms and conditions of service of Chairperson and
Members.]Omitted by s. 169, ibid. (w.e.f. 26-5-2017).]
1. Subs. by Act 10 of 2009, s. 26, for sections 49 to 52 (w.e.f. 27-10-2009).
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Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner in which, and the conditions subject to which, any function in relation to the development or maintenance of a national highway or any part thereof may be exercised by the State Government or any officer or authority subordinate to the Central Government or the State Government; 1[(aa) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 3H;] 2[(b) the rates at which fees for services rendered in relation to the use of ferries, permanent bridges, temporary bridges and tunnels on any national highway 3[and the use of sections of any national highway] may be levied, and the manner in which such fees shall be collected, under section 7;] (c) the periodical inspection of national highways and the submission of inspection reports to the Central Government; (d) the reports on works carried out on national highways; (e) any other matter for which provision should be made under this Act. 4[(3) Every rule made under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 16 of 1997, s. 5 (w.e.f. 21-1-1997).
2. Subs. by Act 30 of 1977, s. 3, for clause (b) (w.e.f. 12-8-1977). 3. Ins. by Act 1 of 1993, s. 3 (w.r.e.f. 23-10-1992). 4. Ins. by Act 30 of 1977, s. 3 (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) A company may close the register of members or the register of debenture-holders or the register of other
security holders for any period or periods not exceeding in the aggregate forty-five days in each year, but
not exceeding thirty days at any one time, subject to giving of previous notice of at least seven days or
such lesser period as may be specified by Securities and Exchange Board for listed companies or the
companies which intend to get their securities listed, in such manner as may be prescribed.
(2) If the register of members or of debenture-holders or of other security holders is closed without giving the notice as provided in sub-section (1), or after giving shorter notice than that so provided, or for a continuous or an aggregate period in excess of the limits specified in that sub-section, the company and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for every day subject to a maximum of one lakh rupees during which the register is kept closed. (1) Where the name of a person is
entered in the register of members of a company as the holder of shares in that company but who does not
hold the beneficial interest in such shares, such person shall make a declaration within such time and in
such form as may be prescribed to the company specifying the name and other particulars of the person
who holds the beneficial interest in such shares.
(2) Every person who holds or acquires a beneficial interest in share of a company shall make a declaration to the company specifying the nature of his interest, particulars of the person in whose name the shares stand registered in the books of the company and such other particulars as may be prescribed. (3) Where any change occurs in the beneficial interest in such shares, the person referred to in sub-section (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed. (4) The Central Government may make rules to provide for the manner of holding and disclosing beneficial interest and beneficial ownership under this section. 1[(5) If any person fails to make a declaration as required under sub-section (1) or sub-section (2) or sub-section (3), he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.] (6) Where any declaration under this section is made to a company, the company shall make a note of such declaration in the register concerned and shall file, within thirty days from the date of receipt of declaration by it, a return in the prescribed form with the Registrar in respect of such declaration with such fees or additional fees as may be prescribed, 2***. 3[(7) If a company, required to file a return under sub-section (6), fails to do so before the expiry of the time specified therein, the company and every officer of the company who is in default shall be liable to a penalty of one thousand rupees for each day during which such failure continues, subject to a maximum of five lakh rupees in the case of a company and two lakh rupees in case of an officer who is in default.] (8) No right in relation to any share in respect of which a declaration is required to be made under this section but not made by the beneficial owner, shall be enforceable by him or by any person claiming through him. (9) Nothing in this section shall be deemed to prejudice the obligation of a company to pay dividend to its members under this Act and the said obligation shall, on such payment, stand discharged. 4[(10) For the purposes of this section and section 90, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to-- (i) exercise or cause to be exercised any or all of the rights attached to such share; or (ii) receive or participate in any dividend or other distribution in respect of such share.] 5[(11) The Central Government may, by notification, exempt any class or classes of persons from complying with any of the requirements of this section, except sub-section (10), if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification.]
1. Subs. by s. 18, ibid., for sub-section (5) (w.e.f. 21-12-2020).
2. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 21 (w.e.f. 7-5-2018). 3. Subs. by Act 29 of 2020, s. 18, for sub-section (7) (w.e.f. 21-12-2020). 4. Ins. by Act 1 of 2018, s. 21, (w.e.f. 13-6-2018). 5. Ins. by Act 29 of 2020, s. 18 (w.e.f. 22-1-2021). (1) Every company shall prepare a return (hereinafter referred to as the annual
return) in the prescribed form containing the particulars as they stood on the close of the financial year
regarding--
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies; (b) its shares, debentures and other securities and shareholding pattern; 1* * * * * (d) its members and debenture-holders along with changes therein since the close of the previous financial year; (e) its promoters, directors, key managerial personnel along with changes there in since the close of the previous financial year; (f) meetings of members or a class thereof, Board and its various committees along with attendance details; (g) remuneration of directors and key managerial personnel; (h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment; (i) matters relating to certification of compliances, disclosures as may be prescribed; (j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors 2***; and (k) such other matters as may be prescribed, and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice: Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company. 3[Provided further that the Central Government may prescribe abridged form of annual return for "One Person Company, small company and such other class of classes of companies as may be prescribed".] (2) 4[The annual return, filed by a listed company or, by a company having such paid-up capital or turnover as may be prescribed shall be certified by a company secretary in practice in the prescribed form, stating that the annual return discloses the facts correctly and adequately and that the company has complied with all the provisions of this Act. (3) An extract of the annual return in such form as may be prescribed shall form part of the Board's report. (4) Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, 5***. 6[(5) If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of 7[ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 8[two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is an default].] (6) If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be 8 [liable to a penalty of two lakh rupees].
1. Clause (c) omitted by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021).
2. The words "indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them" omitted by s. 23, ibid (w.e.f. 5-3-2021). 3. Ins. by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021). 4. Subs. by S.O. 1177 (E), dated 29th April, 2014 for certain words (w.e.f. 29-4-2014). 5. The words "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 23 (w.e.f. 7-5-2018). 6. Subs. by Act 22 of 2019, s. 15, for sub-section (5) (w.e.f. 2-11-2018). 7. Subs. by Act 29 of 2020, s. 20, for "fifty thousand rupees" (w.e.f. 21-12-2020). 8. Subs. by s. 20, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 20, ibid., for "punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees" (w.e.f. 21-12-2020). (1) Every company shall keep and maintain the following registers
in such form and in such manner as may be prescribed, namely:--
(a) register of members indicating separately for each class of equity and preference shares held by each member residing in or outside India; (b) register of debenture-holders; and (c) register of any other security holders. (2) Every register maintained under sub-section (1) shall include an index of the names included therein. (3) The register and index of beneficial owners maintained by a depository under section 11 of the Depositories Act, 1996 (22 of 1996), shall be deemed to be the corresponding register and index for the purposes of this Act. (4) A company may, if so authorised by its articles, keep in any country outside India, in such manner as may be prescribed, a part of the register referred to in sub-section (1), called "foreign register" containing the names and particulars of the members, debenture-holders, other security holders or beneficial owners residing outside India. 1[(5) If a company does not maintain a register of members or debenture-holders or other security holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2), the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 17, for sub-section (5) (w.e.f. 21-12-2020).
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Related Section(s)(1) With effect from 1st April, 2019, every person, who has served as a member of the Rajasthan Legislative Assembly shall be entitled to receive reimbursement of actual fare of any journey undertaken by him, either alone or with persons accompanying him, within the territory of India in any class of railway, air, ship or steamer, subject to a maximum limit of rupees one lakh in a financial year, in such manner and subject to such conditions as may be prescribed by rules made in this behalf:
Provided that if the total amount of reimbursement received in a financial year under this section is less than one lakh rupees, the amount by which the amount of reimbursement is less than one lakh rupees shall be carried forward for one financial year and the whole amount remained unutilized at the end of second financial year shall stand lapsed. (2) Every person, who has served as a member of the Rajasthan Legislative Assembly shall be entitled to receive, from out of the amount available in the relevant year under sub-section (1), reimbursement of amount equivalent to actual fare of journey abroad by air, ship or steamer paid by him, either alone or with persons accompanying him after approval of his request for such journey being accorded by the Speaker of the Legislative Assembly. Such journey shall be subject to compliance of guidelines issued and/or rules made relating to permission of such journey abroad, by the Government of India and State Government, from time to time.
section 4-D was inserted by Raj Act No. 12 of 2010 vide Notification F.2(22)Vidhi/2/2010 dated 29.04.2010
(1) The State Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules shall— (a) prescribe the conditions and restrictions subject to which daily allowance may be drawn; (b) prescribe the conditions under which the rates at which and the journeys for which travelling allowances may be claimed; (c) specify the classes of journeys which shall be deemed to have been undertaken by an officer of the Legislative Assembly in the discharge of his duties; (d) prescribe the conditions under which and the rate at which hospital and free medical attendance and treatment to be afforded to any officer in the discharge of his official duties; (e) prescribe the medical, housing facilities mentioned in section 9; (f) specify the circumstances in which and the extent to which the salary of a member may be deducted; (ff) prescribe the rules for drawing pension and the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act; and (g) lay down such other matters as may be or are required to be prescribed by this Act. (3) Any rule under this Act may be made so as to have retrospective effect from such date, not earlier than the date of commencement of this Act, as the State Government may, by notification in the Official Gazette, appoint. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No resolution shall be deemed to have been duly
passed by the Board or by a committee thereof by circulation, unless the resolution has been circulated in
draft, together with the necessary papers, if any, to all the directors, or members of the committee, as the
case may be, at their addresses registered with the company in India by hand delivery or by post or by
courier, or through such electronic means as may be prescribed and has been approved by a majority of
the directors or members, who are entitled to vote on the resolution:
Provided that, where not less than one-third of the total number of directors of the company for the time being require that any resolution under circulation must be decided at a meeting, the chairperson shall put the resolution to be decided at a meeting of the Board. (2) A resolution under sub-section (1) shall be noted at a subsequent meeting of the Board or the committee thereof, as the case may be, and made part of the minutes of such meeting. (1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) The Board of Directors of a company shall be entitled to exercise all
such powers, and to do all such acts and things, as the company is authorised to exercise and do:
Provided that in exercising such power or doing such act or thing, the Board shall be subject to the provisions contained in that behalf in this Act, or in the memorandum or articles, or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting: Provided further that the Board shall not exercise any power or do any act or thing which is directed or required, whether under this Act or by the memorandum or articles of the company or otherwise, to be exercised or done by the company in general meeting. (2) No regulation made by the company in general meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made. (3) The Board of Directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the Board, namely:-- (a) to make calls on shareholders in respect of money unpaid on their shares; (b) to authorise buy-back of securities under section 68; (c) to issue securities, including debentures, whether in or outside India; (d) to borrow monies; (e) to invest the funds of the company; (f) to grant loans or give guarantee or provide security in respect of loans; (g) to approve financial statement and the Boards report; (h) to diversify the business of the company; (i) to approve amalgamation, merger or reconstruction; (j) to take over a company or acquire a controlling or substantial stake in another company; (k) any other matter which may be prescribed: Provided that the Board may, by a resolution passed at a meeting, delegate to any committee of directors, the managing director, the manager or any other principal officer of the company or in the case of a branch office of the company, the principal officer of the branch office, the powers specified in clauses (d) to (f) on such conditions as it may specify: Provided further that the acceptance by a banking company in the ordinary course of its business of deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise, or the placing of monies on deposit by a banking company with another banking company on such conditions as the Board may prescribe, shall not be deemed to be a borrowing of monies or, as the case may be, a making of loans by a banking company within the meaning of this section. Explanation I.--Nothing in clause (d) shall apply to borrowings by a banking company from other banking companies or from the Reserve Bank of India, the State Bank of India or any other banks established by or under any Act. Explanation II.--In respect of dealings between a company and its bankers, the exercise by the company of the power specified in clause (d) shall mean the arrangement made by the company with its bankers for the borrowing of money by way of overdraft or cash credit or otherwise and not the actual day-to-day operation on overdraft, cash credit or other accounts by means of which the arrangement so made is actually availed of. (4) Nothing in this section shall be deemed to affect the right of the company in general meeting to impose restrictions and conditions on the exercise by the Board of any of the powers specified in this section. (1) Every
company shall keep one or more registers giving separately the particulars of all contracts or
arrangements to which sub-section (2) of section 184 or section 188 applies, in such manner and
containing such particulars as may be prescribed and after entering the particulars, such register or
registers shall be placed before the next meeting of the Board and signed by all the directors present at the
meeting.
(2) Every director or key managerial personnel shall, within a period of thirty days of his appointment, or relinquishment of his office, as the case may be, disclose to the company the particulars specified in sub-section (1) of section 184 relating to his concern or interest in the other associations which are required to be included in the register under that sub-section or such other information relating to himself as may be prescribed. (3) The register referred to in sub-section (1) shall be kept at the registered office of the company and it shall be open for inspection at such office during business hours and extracts may be taken therefrom, and copies thereof as may be required by any member of the company shall be furnished by the company to such extent, in such manner, and on payment of such fees as may be prescribed. (4) The register to be kept under this section shall also be produced at the commencement of every annual general meeting of the company and shall remain open and accessible during the continuance of the meeting to any person having the right to attend the meeting.-- (5) Nothing contained in sub-section (1) shall apply to any contract or arrangement (a) for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed five lakh rupees in the aggregate in any year; or (b) by a banking company for the collection of bills in the ordinary course of its business. (6) Every director who fails to comply with the provisions of this section and the rules made thereunder shall be liable to a penalty of twenty-five thousand rupees. (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). (1) No director of a company shall, in connection with--
(a) the transfer of the whole or any part of any undertaking or property of the company; or (b) the transfer to any person of all or any of the shares in a company being a transfer resulting from-- (i) an offer made to the general body of shareholders; (ii) an offer made by or on behalf of some other body corporate with a view to a company becoming a subsidiary company of such body corporate or a subsidiary company of its holding company; (iii) an offer made by or on behalf of an individual with a view to his obtaining the right to exercise, or control the exercise of, not less than one-third of the total voting power at any general meeting of the company; or (iv) any other offer which is conditional on acceptance to a given extent, receive any payment by way of compensation for loss of office or as consideration for retirement from office, or in connection with such loss or retirement from such company or from the transferee of such undertaking or property, or from the transferees of shares or from any other person, not being such company, unless particulars as may be prescribed with respect to the payment proposed to be made by such transferee or person, including the amount thereof, have been disclosed to the members of the company and the proposal has been approved by the company in general meeting. (2) Nothing in sub-section (1) shall affect any payment made by a company to a managing director or whole-time director or manager of the company by way of compensation for loss of office or as consideration for retirement from office or in connection with such loss or retirement subject to limits or priorities, as may be prescribed. (3) If the payment under sub-section (1) or sub-section (2) is not approved for want of quorum either in a meeting or an adjourned meeting, the proposal shall not be deemed to have been approved. (4) Where a director of a company receives payment of any amount in contravention of sub-section (1) or the proposed payment is made before it is approved in the meeting, the amount so received by the director shall be deemed to have been received by him in trust for the company. 1[(5) If a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees.] (6) Nothing in this section shall be taken to prejudice the operation of any law requiring disclosure to be made with respect to any payment received under this section or such other like payments made to a director.
1. Subs. by Act 22 of 2019, s. 28, for sub-section (5) (w.e.f. 2-11-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). (1) Every director shall at the first meeting of the Board in
which he participates as a director and thereafter at the first meeting of the Board in every financial year
or whenever there is any change in the disclosures already made, then at the first Board meeting held after
such change, disclose his concern or interest in any company or companies or bodies corporate, firms, or
other association of individuals which shall include the shareholding, in such manner as may be
prescribed.
(2) Every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into-- (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, Chief Executive Officer of that body corporate; or (b) with a firm or other entity in which, such director is a partner, owner or member, as the case may be, shall disclose the nature of his concern or interest at the meeting of the Board in which the contract or arrangement is discussed and shall not participate in such meeting: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the company without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, directly or indirectly, in the contract or arrangement, shall be voidable at the option of the company. (4) If a director of the company contravenes the provisions of sub-section (1) or sub-section (2), such director shall be 1 [liable to a penalty of one lakh rupees].br (5) Nothing in this section-- (a) shall be taken to prejudice the operation of any rule of law restricting a director of a company from having any concern or interest in any contract or arrangement with the company; 2[(b) shall apply to any contract or arrangement entered into or to be entered into between two companies or between one or more companies and one or more bodies corporate where any of the directors of the one company or body corporate or two or more of them together holds or hold not more than two per cent. of the paid-up share capital in the other company or the body corporate.]
1. Subs. by Act 29 of 2020, s. 37, for certain words (w.e.f. 21-12-2020).
2. Subs. by Act 1 of 2018, s. 60, for clause (b) (w.e.f. 9-2-2018). (1) All investments made or held by a
company in any property, security or other asset shall be made and held by it in its own name:
Provided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees of the company, if it is necessary to do so, to ensure that the number of members of the subsidiary company is not reduced below the statutory limit. (2) Nothing in this section shall be deemed to prevent a company-- (a) from depositing with a bank, being the bankers of the company, any shares or securities for the collection of any dividend or interest payable thereon; or (b) from depositing with, or transferring to, or holding in the name of, the State Bank of India or a scheduled bank, being the bankers of the company, shares or securities, in order to facilitate the transfer thereof: Provided that if within a period of six months from the date on which the shares or securities are transferred by the company to, or are first held by the company in the name of, the State Bank of India or a scheduled bank as aforesaid, no transfer of such shares or securities takes place, the company shall, as soon as practicable after the expiry of that period, have the shares or securities retransferred to it from the State Bank of India or the scheduled bank or, as the case may be, again hold the shares or securities in its own name; or (c) from depositing with, or transferring to, any person any shares or securities, by way of security for the repayment of any loan advanced to the company or the performance of any obligation undertaken by it; (d) from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner. (3) Where in pursuance of clause (d) of sub-section (2), any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose. 1[(4) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 38, for sub-section (4) (w.e.f. 21-12-2020).
(1) Except with the consent of the Board of Directors given by a
resolution at a meeting of the Board and subject to such conditions as may be prescribed, no company
shall enter into any contract or arrangement with a related party with respect to--
(a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the company, its subsidiary company or associate company; and (g) underwriting the subscription of any securities or derivatives thereof, of the company: Provided that no contract or arrangement, in the case of a company having a paid-up share capital of not less than such amount, or transactions exceeding such sums, as may be prescribed, shall be entered into except with the prior approval of the company by a 1[resolution]: Provided further that no member of the company shall vote on such 1[resolution], to approve any contract or arrangement which may be entered into by the company, if such member is a related party: 2[Provided also that nothing contained in the second proviso shall apply to a company in which ninety per cent. or more members, in number, are relatives of promoters or are related parties:] Provided also that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arms length basis: 3[Provided also that the requirement of passing the resolution under first proviso shall not be applicable for transactions entered into between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and placed before the shareholders at the general meeting for approval.] Explanation.-- In this sub-section,-- (a) the expression "office or place of profit" means any office or place-- (i) where such office or place is held by a director, if the director holding it receives from the company anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the company anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) Every contract or arrangement entered into under sub-section (1) shall be referred to in the Boards report to the shareholders along with the justification for entering into such contract or arrangement. (3) Where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the Board or approval by a 1[resolution] in the general meeting under sub-section (1) and if it is not ratified by the Board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement 4[shall be voidable at the option of the Board or, as the case may be, of the shareholders] and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the company against any loss incurred by it. (4) Without prejudice to anything contained in sub-section (3), it shall be open to the company to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (5) Any director or any other employee of a company, who had entered into or authorized the contract or arrangement in violation of the provisions of this section shall,-- (i) in case of listed company, be 5[liable to a penalty of twenty-five lakh rupees]; and (ii) in case of any other company, be 6[liable to a penalty of five lakh rupees]].
1. Subs. by Act 21 of 2015, s. 16, for "special resolution" (w.e.f. 29-5-2015).
2. The proviso ins. by Act 1 of 2018, s. 63 (w.e.f. 9-2-2018). 3. The proviso ins. by Act 21 of 2015, s. 16 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 63, for "shall be voidable at the option of the Board" (w.e.f. 9-2-2018). 5. Subs. by Act 29 of 2020, s. 39, for certain words (w.e.f. 21-12-2020). 6. Subs. by s. 39, ibid., for certain words (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1 [(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)The Chairperson of the Tribunal shall
exercise such financial and administrative powers as may be vested in him under the rules made by the
Central Government:
Provided that the Chairperson may delegate such of his financial and administrative powers, as he may think fit, to any Judicial Member or Expert Member or officer of the Tribunal subject to the condition that the Member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the Chairperson. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)Any person who contravenes, or attempts to contravene, or fails to comply with, any
provision of any rule made under this Act shall be punished, if a foreigner, with imprisonment for a term
which may extend to one year or with fine which may extend to one thousand rupees or with both, or if
not a foreigner, with fine which may extend to five hundred rupees.
The Central Government may, by order1
declare
that any or all of the provisions of the rules made under this Act shall not apply, or shall apply only with
such modifications or subject to such conditions as may be specified in the said order, to or in relation to
any individual foreigner or any class or description of foreigner :
Provided that a copy of every such order shall be placed on the table of 2 * * * Parliament as soon as may be after its promulgation.
1. For Registration of Foreigners Exemption Order, 1949 See Gazette of India 1949, Pt. I, p. 1591.
2. The words "both Houses of" Rep. by the A.O. 1948. 1
[(1)] The Central Government may after previous publication, by
notification in the Official Gazette, make rules with respect to foreigners for any or all of the following
purposes, that is to say–
(a) for requiring any foreigner entering, or being present in, 2 [India] to report his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed; (b) for requiring any foreigner moving from one place to another place in 2 [India] to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed; (c) for requiring any foreigner who is about to leave 3 [India] to report the date of his intended departure and such other particulars as may be prescribed to such authority and within such period before departure as may be prescribed; (d) for requiring any foreigner entering, being present in, or departing from, 3 [India] to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed; (e) for requiring any person having the management of any hotel, boarding-house, sarai or any other premises of like nature to report the name of any foreigner residing therein for whatever duration, to a prescribed authority within such time and in such manner and with such particulars as may be prescribed; (f) for requiring any person having the management or control of any vessel or aircraft to furnish to a prescribed authority such information as may be prescribed regarding any foreigner entering, or intending to depart from 3 [India], in such vessel or aircraft, and to furnish to such authority such assistance as may be necessary or prescribed for giving effect to this Act; (g) for providing for such other incidental or supplementary matters as may appear to the Central Government necessary or expedient for giving effect to this Act. 4 [(2) Every rule made under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. S. 3 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Subs. by Act 37 of 1949, s. 4, for "the Provinces" 3. Subs. by Act 37 of 1949, s. 4, for "the Provinces" 4. Ins. by Act 4 of 1986, s. 2 and the Sch. (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) If in any proceeding for negligence,
default, breach of duty, misfeasance or breach of trust against an officer of a company, it appears to the
court hearing the case that he is or may be liable in respect of the negligence, default, breach of duty,
misfeasance or breach of trust, but that he has acted honestly and reasonably, and that having regard to all
the circumstances of the case, including those connected with his appointment, he ought fairly to be
excused, the court may relieve him, either wholly or partly, from his liability on such term, as it may think
fit:
Provided that in a criminal proceeding under this sub-section, the court shall have no power to grant relief from any civil liability which may attach to an officer in respect of such negligence, default, breach of duty, misfeasance or breach of trust. (2) Where any such officer has reason to apprehend that any proceeding will or might be brought against him in respect of any negligence, default, breach of duty, misfeasance or breach of trust, he may apply to the High Court for relief and the High Court on such application shall have the same power to relieve him as it would have had if it had been a court before which a proceedings against that officer for negligence, default, breach of duty, misfeasance or breach of trust had been brought under sub-section (1). (3) No court shall grant any relief to any officer under sub-section (1) or sub-section (2) unless it has, by notice served in the manner specified by it, required the Registrar and such other person, if any, as it thinks necessary, to show cause why such relief should not be granted. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) of section 3; (b) the additional requirements 1 [relating to the capital adequacy, creditworthiness or code of conduct] under sixth proviso to section 14; (c) the payment of fees for application for grant of licence under sub-section (1) of section 15; (d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of section 26; (e) the works of licensees affecting the property of owner or occupier under sub-section (2) of section 67; (f) such other cases which may be prescribed under clause (c) of sub-section (2) of section 68; (g) allowances and fees payable to others Members for attending the meetings of Authority under sub-section (14) of section 70. (h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of section 70; (i) the functions and duties of the Central Electricity Authority under section 73; (j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of section 89; (k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89; (l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of section 90; (m) any other matter required to be prescribed under clause (g) of sub-section (1) of section 94; (n) the form in which the Central Commission shall prepare its annual statement of accounts under sub-section (1) of section 100; (o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of section 101; (p) the form in which and time at which the Central Commission shall prepare its budget under section 106; (q) the form and the manner of verifying such form, and fee for filing appeal under sub-section (2) of section 111; (r) the salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal under section 115; (s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 119; (t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 120; (u) the authority to whom the appeal shall be filed under sub-section (1) of section 127; (v) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143; (w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of section 161; (x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of section 162; (y) the manner of delivery of every notice, order or document to be served under sub-section (1) of section 171; (z) any other matter which is required to be, or may be, prescribed.
1. Subs. by Act 26 of 2007, s. 19, for "(including the capital adequacy, creditworthiness or code of conduct)" (w.e.f. 15-6-2007).
(1) The Central Government shall, from time to time,
prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and
the Authority for development of the power system based on optimal utilisation of resources such as coal,
natural gas, nuclear substances or materials, hydro and renewable sources of energy.
(2) The Central Government shall publish National Electricity Policy and tariff policy from time to time. (3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1). (4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years: Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: Provided further that the Authority shall- (a) notify the plan after obtaining the approval of the Central Government; (b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a). (5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy. (1) Any person aggrieved by the final order made under
section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such
manner and be accompanied by such fee as may be specified by the State Commission, to an appellate
authority as may be prescribed.
(2) No appeal against an order of assessment under sub-section (1) shall be entertained unless an amount equal to1 [half of the assessed amount] is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal. (3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant. (4) The order of the appellate authority referred to in sub-section (1) passed under sub-section (3) shall be final. (5) No appeal shall lie to the appellate authority referred to in sub-section (1) against the final order made with the consent of the parties. (6) When a person defaults in making payment of assessed amount, he, in addition to the assessed amount shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent. per annum compounded every six months.
1. Subs. by s. 12, ibid., for "one-third of the assessed amount" (w.e.f. 15-6-2007).
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Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[43. Officers, employees, experts and consultants of National Institute.--- (1) The Central
Government shall provide the National Institute of Disaster Management with such officers, other
employees and consultants, as it considers necessary, for carrying out its functions.
(2) The National Institute may recruit experts as per norms approved by the Central Government to perform such functions as provided in sub-section (9) of section 42. (3) The salaries, allowances payable to officers and employees and the other terms and conditions of their service shall be such as may be prescribed.]
1. Subs. by Act 10 of 2025, s. 24, for section 43 (w.e.f. 9-4-2025).
(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the composition and number of the members of the National Authority under sub-section (2), and the term of office and conditions of service of members of the National Authority under sub-section (4), of section 3; 1[(aa) the salaries, allowances and other terms and conditions of service of officers, other employees, experts and consultants of the National Authority under sub-section (3) of section 5;] (b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 7; (c) the powers and functions of the Chairperson of the National Executive Committee under sub-section (3) of section 8 and the procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 8; 1[(ca) the procedure to be followed by the National Crisis Management Committee in exercise of its powers and discharging of its functions under sub-section (4) of section 8A;] (d) allowances to be paid to the persons associated with the sub-committee constituted by the National Executive Committee under sub-section (3) of section 9; (e) the number of members of the National Institute of Disaster Management under sub-section (2), the term of the office and vacancies among members and the manner of filling such vacancies under sub-section (3) and the manner of constituting the Governing Body of the National Institute of Disaster Management under sub-section (4) of section 42; 1[(ea) the salaries, allowances and the other terms and conditions of service of officers and other employees of the National Institute under sub-section (3) of section 43;] (f) the manner of constitution of the Force, the conditions of service of the members of the Force, including disciplinary provisions under sub-section (2) of section 44; (g) the manner in which notice of the offence and of the intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government or the other authority or officer under clause (b) of section 60; (h) the form in which and the time within which annual report is to be prepared under section 70; (i) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
1. Ins. by Act 10 of 2025, s. 47 (w.e.f. 9-4-2025).
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Related Section(s)(1) This Act may be called the Press Council Act, 1978.
(2) It extends to the whole of India. | ||||||||||||||||
Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) A Tribunal shall consist of one person only (hereinafter referred
to as the Presiding Officer) to be appointed, by notification, by the Central Government.
1[(2) Notwithstanding anything contained in sub-section (1), the Central Government may-- (a) authorise the Presiding Officer of any other Tribunal established under any other law for the time being in force to discharge the function of the Presiding Officer of a Debt Recovery Tribunal under this Act in addition to his being the Presiding Officer of that Tribunal; or (b) authorise the judicial Member holding post as such in any other Tribunal, established under any other law for the time being in force, to discharge the functions of the Presiding Officer of Debts Recovery Tribunal under this Act, in addition to his being the judicial Member of that Tribunal.]
1 Subs. by Act 44 of 2016, s. 27, for sub-section (2) (w.e.f. 1-9-2016).
(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
1 Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
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Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The Central Government shall, by notification,
establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, to exercise the
jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the.......(name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act. (3) Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act. (4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the 1[Chairman and other Members] of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. 2[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,-- (a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act. (6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.]
1. Subs. by s. 3, ibid., for "Chairman, Vice-Chairman and other Members" (w.e.f. 19-2-2007).
2. Ins. by Act 19 of 1986, s. 5 (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)1[38B. Powers to seize coffee withheld from inclusion in surplus pool.-- If the Board is satisfied
that any coffee which is required under the provisions of section 25 to be delivered for inclusion in
the surplus pool is being or is likely to be disposed of otherwise than by such delivery, the Board
may order the seizure of such coffee, and may authorise an officer of the Board to effect seizure
thereof for delivery for inclusion in the surplus pool, and such authorisation shall be sufficient
warrant for such officer to take all steps necessary to secure possession of the coffee.]
1 Ins. by Act 7 of 1943, s. 14.
1* * * * *
(2) The Board may appoint such committees for such purposes and may employ such staff as it thinks necessary for the efficient discharge of its functions under this Act (3) The Board may authorise agents to discharge on its behalf its functions in relation to the marketing, storing and curing of coffee.
1. Sub-section (1) omitted by s. 9, ibid. (w.e.f. 1-8-1955).
1[(1) Every owner of land planted with
coffee plants, whether such land is comprised in one estate or in more than one estate and
whether it is situated wholly or only partly in India, shall, before the expiration of one month
from the date on which he first became owner of such estate or estates, apply to the registering
officer appointed in this behalf by the State Government to be registered as an owner in respect
of each estate owned by him, and any registration made before the commencement of the
Coffee (Amendment) Act, 1961 (48 of 1961) shall be deemed to have been made under this
sub-section.]
2* * * * * (3) A registration once made shall continue in force until it is cancelled by the registering officer. 3* * * * *
1. Subs. by Act 48 of 1961, s. 6, for sub-section (1) (w.e.f. 19-4-1962).
2. Sub-section (2) omitted by s. 6, ibid. (w.e.f. 19-4-1962). 3. Sub-section (4) omitted by s. 6, ibid. (w.e.f. 19-4-1962). (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) Without prejudice to the generality of the foregoing power, rules may be made providing for all or any of the following matters : -- 2[(i) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in clause (c) of sub-section (2) of section 4, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (ii) the circumstances in which, and the authority by which, members may be removed;] (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business and the number of members which shall form a quorum at a meeting ; (iv) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government ; (v) the holding of a minimum number of meetings of the Board every year ; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure ; (vii) the conditions subject to which the Board may incur expenditure outside India ; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned ; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds ; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds ; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board ; (xiv) the delegation to the committee or Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act ; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers (other than those appointed by the Central Government) and other employees of the Board ; (xvi) the travelling and other allowances of members of the Board and of committees thereof ; (xvii) the maintenance of the registers and other records of the Board and its various committees ; (xviii) the manner in which the 3[free sale quota] of coffee estates shall be determined ; (xix) the manner in which the Board shall exercise its powers of buying and selling coffee ; (xx) the appointment by the Board of agents ; (xxi) the conditions to be fulfilled by a curing establishment before a licence to operate as such can be issued ; (xxii) the form of, and the particulars to be contained in, any returns or reports to be made to the Board under this Act ; (xxiii) the form of, manner of application for, fees payable for, procedure in granting and conditions governing, the licences and permits to be issued by the Board ; (xxiv) the collection of any information or statistics in respect of coffee or any product of coffee ; (xxv) any other matter (other than any matter specified in section 15) which is to be or may be prescribed under this Act. 4[(3) Every rule made under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 50 of 1954, s. 21, for sub-section (2) (w.e.f. 1-8-1955).
2. Subs. by Act 48 of 1961, s. 13, for cls. (i) and (ii) (w.e.f. 19-4-1962). 3. Subs. by Act 23 of 1994, s. 14, for "internal sale quota" (w.e.f. 14-1-1994). 4. Subs. by Act 48 of 1985, s. 5, for sub-section (3) (w.e.f. 15-5-1986). In this Act, unless there is anything repugnant in the subject or
context,--
(a) "the Board" means the 1[ 2* * * Coffee Board] constituted under section 4; 3[(aa) "Chairman" means the Chairman of the Board;] (b) "coffee" means the commodity derived from the fruit of the rubiaceous plant known by that name, and includes raw coffee, cured coffee, uncured coffee, roasted coffee and prepared coffee; 4[(c) "Commissioner", means a Commissioner of Customs as specified in clause (b) of section 3 of the Customs Act, 1962 (52 of 1962); (d) "curing" means the application to raw coffee of mechanical processes other than pulping for the purpose of preparing it for marketing; (e) "curing establishment" means any place to which raw coffee is sent by a registered owner for curing, and includes any estate which the Board may declare to be a curing establishment for the purposes of this Act; 5[(ee) "dealer" means a person carrying on the business of selling coffee, whether wholesale or by retail;] (f) "estate" means an area administered as one unit which contains land planted with coffee plants; 6[(ff) "India" means the territory of India excluding the State of Jammu and Kashmir*;] (g) "Indian Coffee Cess Committee" means the Indian Coffee Cess Committee constituted under the Indian Coffee Cess Act, 1935 (14 of 1935); 7[(h) "free sale quota" means that portion, stated in terms of bulk or weight, of the whole of the coffee produced by the estate in the year, which a registered estate is permitted under this Act to sell;] 8[(i) "owner", in relation to any land planted with coffee plants, includes,-- (1) any agent of the owner, and (2) a mortgagee, lessee or other person in actual possession of the land;] (j) "prescribed" means prescribed by rules made under this Act; (k) "registered estate" means an estate in respect of which an owner is registered under sub-section (1) of section 14, and includes also any estate in respect of which an owner is required to be registered under the provisions of that sub-section; (l) "registered owner" means an owner of a registered estate who has been or is required to be registered under sub-section (1) of section 14; 9* * * * * (m) "surplus pool" means the stock of coffee accumulated by the Board out of the amounts delivered to the Board under section 25; 10[(n) "year" means the period of twelve months beginning with the first day of July and ending with the thirtieth day of June next following.]
1. Subs. by Act 7 of 1943, s. 2, for "India Coffee Market Expansion Board".
2. The word "Indian" omitted by Act 50 of 1954, s. 5 (w.e.f. 1-8-1955). 3. Ins. by s. 5, ibid, (w.e.f. 1-8-1955). 4. Subs. by Act 22 of 1995, s. 85, for cl. (c). 5. Ins. by Act 2 of 1944, s. 2. 6. Ins. by Act 3 of 1951, s. 3 and the Sch. 7. Subs. by Act 23 of 1994, s. 2, for cl. (h) (w.e.f. 14-1-1994). 8. Subs. by Act 48 of 1961, s. 2, for cl. (i) (w.e.f. 19-4-1962). 9. Cl. (ll) Omitted by Act 3 of 1951, s. 3 and the Schedule which was ins. by the A.O. 1950. 10. Subs. by Act 48 of 1961, s. 2, for cl. (n) (w.e.f. 19-4-1962). *.Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. No coffee shall be exported from 1[India] otherwise than by the
Board or under an authorisation granted by the Board in the prescribed manner and in the prescribed cases, and the provisions of the 2[Customs Act, 1962 (52 of 1962), shall have effect as if
the provision made by this section had been made by notification issued under section 11] of
that Act:
3[Provided that nothing herein contained shall apply to coffee-- (i) shipped as stores on board any vessel or aircraft in such quantity as the 4[Commissioner] considers reasonable, having regard to the number of the crew and passengers and the length of the voyage or journey, as the case may be, on which the vessel or aircraft is about to proceed, or 5[(ii) carried as personal baggage of a passenger, not exceeding such quantities as the Central Government may, by notification in the Official Gazette, specify, or (iii) exported for such purposes and in such quantities as the Central Government may specify in the like manner :]] 6[Provided further that the Central Government may, by order in writing, specify the quantity of coffee which shall be permitted for export during any year and where any such order is made, no coffee shall be exported from India in excess of the said quantity :] Provided further that the Central Government may exempt from the operation of this section, either absolutely or subject to conditions, the export of coffee from 1[India] 7[to the State of Jammu and Kashmir*] or to any foreign settlement bounded by India.
1. Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
2. Subs. by Act 23 of 1994. s. 6, for certain words (w.e.f. 14-1-1994). 3. Subs. by Act 50 of 1954, s. 16, for the first proviso (w.e.f. 1-8-1955). 4. Subs. by Act 22 of 1995, s. 85, for "Collector". 5. Subs. by Act 48 of 1961, s. 9, for cls. (ii), (iii) and (iv) (w.e.f. 19-4-1962). 6. The Proviso ins. by Act 50 of 1954, s.16 (w.e.f. 1-8-1955). 7. Subs. by s. 3 and Sch., ibid., for "to a Part B State". *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Board shall take all practical measures to market
the coffee included in the surplus pool, and all sales thereof shall be conducted by or through the
Board.
(2) The Board may purchase for inclusion in the surplus pool coffee not delivered for inclusion in it. Every establishment for curing coffee shall obtain from
the Board a licence to operate as such.
[13. Payment of proceeds of duty to the Board.] Rep. by the Cess Laws (Repealing and
Amending) Act, 2006 (24 of 2006) s. 2 and First Schedule (w.e.f. 1-6-2006).
1[9. Chief Coffee Marketing Officer, Secretary and other staff.--(1) The Central Government
shall appoint an officer to be called the Chief Coffee Marketing Officer and a Secretary to the Board
and may appoint a Deputy Secretary to the Board and such number of Marketing Officers as may be
necessary, to exercise such powers and to perform such duties under the direction of the Board as
may be prescribed.
(2) The officers appointed under this section shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government.]
1. Subs. by Act 50 of 1954, s. 10, for ss. 8 and 9 (w.e.f. 1-8-1955).
[11. Duty of customs.] Rep. by the Cess Laws (Repealing and Amending) Act, 2006 (24 of 2006),
s. 2 and the First Schedule (w.e.f. 1-6-2006).
(1) The Board constituted by the name of the Indian
Coffee Market Expansion Board under section 4 of the Indian Coffee Market Expansion
Ordinance, 1940 (13 of 1940), shall be the 1[Coffee Board] for the purposes of this Act.
2[3[4(2) The Board shall consist of-- (a) a Chairman to be appointed by the Central Government by notification in the Official Gazette; (b) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; and (c) such number of other members not exceeding twenty-nine as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing,-- (i) Governments of the principal coffee-growing States; (ii) coffee-growing industry; (iii) coffee trade interests; (iv) curing establishments; (v) interests of labour; (vi) interests of consumers; and (vii) such other interests as, in the opinion of the Central Government, ought to be represented on the Board. (2A) The number of persons to be appointed as members from each of the categories specified in clause (c) of sub-section (2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board shall be such as may be prescribed.] (2B) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote.] 5* * * * *] 6[(4)] No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board. 7[(5) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.]
1. Subs. by Act 50 of 1954, s. 6, for "Indian Coffee Board" (w.e.f. 1-8-1955).
2. Sub-sections (2) and (3) ins. by Act 7 of 1943, s. 3. 3. Subs. by Act 50 of 1954, s. 6, for sub-section (2) (w.e.f. 1-8-1955). 4. Subs. by Act 48 of 1961, s. 3, for sub-section (2) and (2A) (w.e.f. 19-4-1962). 5. Sub-section (3) which was ins. by Act 7 of 1943, s. 3, omitted by Act 48 of 1961, s. 3 (w.e.f. 19-4-1962). 6. The original sub-section (2) renumbered as sub-section (4) by Act 7 of 1943, s. 3. 7. Ins. by Act 50 of 1954, s. 6 (w.e.f. 1-8-1955). The registered owner of any estate may, subject to
the prescribed conditions and so long as the 1[free sale quota] allotted to that estate will not be
exceeded by the proposed sale, obtain from the Board a licence for the sale from that estate of
uncured coffee.
1. Subs. by s. 9, ibid., for "internal sale quota" (w.e.f. 14-1-1994).
(1) All coffee produced by a registered estate in excess
of the amount specified in the 1[free sale quota] allotted to that estate 2[or when no 3[free sale
quota] have been allotted to estates, all coffee produced by the estate], shall be delivered to the
Board for inclusion in the surplus pool by the owner of the estate or by the curing establishment
receiving the coffee from the estate:
4[Provided that where no 3[free sale quotas] have been allotted to estates, the Chairman may allow the owner of any estate to retain with himself for purposes of consumption by his family and for purposes of seed, such quantity of coffee as the Chairman may think reasonable : Provided further that where the Central Government is satisfied that it is not practicable for any class of owners producing coffee in any specified area to comply with the provisions of this sub-section on account of the small quantity of coffee produced by them or on account of their estates being situated in a remote locality, the Central Government may, by notification in the Official Gazette, exempt such class of owners from the provisions of this sub-section.] (2) Delivery shall be made to the Board in such places, 5[at such times] and in such manner as the Board may direct, and such directions may provide for partial delivery to the surplus pool at any time whether or not at that time the 1[free sale quota] has been exceeded; and the coffee delivered shall be such as to represent fairly in kind and quality the produce of the estate. The Board may reject any consignment offered for delivery which does not satisfy this requirement, but shall not reject any consignment merely for a defect in curing. (3) Coffee delivered for inclusion in the surplus pool shall upon delivery to the Board remain under the control of the Board which shall be responsible for storage, curing where necessary, and marketing of the coffee. (4) The Board shall 6* * * 7[from time to time] prepare a differential scale for the valuation of coffee, and shall in accordance with that scale classify the coffee in each consignment delivered for inclusion in the surplus pool according to its kind and quality, and shall make an assessment of its value based on its quantity, kind and quality. (5) The Board may with the consent of a registered owner, 8* * * treat as having been delivered for inclusion in the surplus pool any coffee from such estate which the registered owner may agree to have so treated. (6) When coffee has been delivered or is treated as having been delivered for inclusion in the surplus pool, the registered owner whose coffee has been so delivered or is treated as having been so delivered shall retain no rights in respect of such coffee except his right to receive the payments referred to in section 34.
1. Subs by s. 10, ibid., "for internal sale quota" (14-1-1994).
2. Ins. by Act 7 of 1943, s. 10. 3. Subs. by s. 10, ibid., for "internal sale quota" (w.e.f. 14-1-1994). 4. Added by Act 50 of 1954, s. 17 (w.e.f. 1-8-1955). 5. Ins. by Act 7 of 1943, s. 10. 6. The words "with the concurrence of the Chief Coffee Marketing Officer" omitted by Act 50 of 1954, s. 17 (w.e.f. 1-8-1955). 7. Ins. by Act 7 of 1943, s. 10. 8. The words "before an internal sale quota has been allotted to an estate" omitted by Act 7 of 1943, s. 10. (1) To the pool fund shall be credited all sums realised by sales by the Board of
Coffee from the surplus pool.
(2) 1[The pool fund] shall be applied only to-- (a) the making to registered owners of estates of payments proportionate to the value of the coffee delivered by them for inclusion in the surplus pool; (b) the costs of storing, curing and marketing coffee deposited in and of administering the surplus pool ; (c) the purchase of coffee not delivered for inclusion in the surplus pool: 2[Provided that where, after the requirements of the, clauses of this sub-section have been met, there remains any excess in the pool fund, the Board may, with the previous sanction of the Central Government, transfer the whole or any part of such excess to the credit of the general fund.]
1. Subs. by Act 23 of 1994, s. 12, for certain words. (w.e.f 14-1-1994).
2. Added by Act 16 of 1944, s. 3. (1) No court other than the Court of 1[a Metropolitan Magistrate or a Judicial Magistrate of the first class] shall take cognizance of any offence punishable
under this Act.
(2) No Court shall take cognizance of an offence punishable under section 35 except on complaint made by an officer authorised in this behalf by the State Government 2[or of the offence specified in sub-section (2) of section 16 except on complaint made by an officer authorised in this behalf either by the State Government or by the Board] or of an offence punishable under any other section except on complaint made with the previous sanction of the Central Government by an officer authorised in this behalf by the Board: 3[Provided that the Central Government may, by notification in the Official Gazette, direct that the previous sanction of the Central Government shall not be necessary for complaints in such cases or classes of cases as may be specified in the notification.]
1. Subs. by Act 23 of 1994, s. 13, for "a Magistrate of the first class" (w.e.f. 14-1-1994).
2. Ins. by Act 2 of 1944, s. 4. 3. Added by Act 7 of 1943, s. 15. 1[31. General fund.--(1) To the general fund shall be credited--
(a) all amounts paid to the Board by the Central Government under sub-section (1) of section 13; and (b) any sums transferred to the general fund under the proviso to sub-section (2) of 2[section 32; and] 3[(c) all fees levied and collected by the Board under this Act.] (2) The general fund shall be applied-- (a) to meet the expenses of the Board; (b) to meet the cost of such measures as the Board may consider advisable to undertake for promoting agricultural and technological research in the interest of the coffee industry in India; (c) for making such grants to coffee estates or for meeting the cost of such other assistance to coffee estates as the Board may think necessary for the development of such estates; (d) to meet the cost of such measures as the Board considers advisable to undertake for promoting the sale and increasing the consumption in India and elsewhere of coffee produced in India; and (e) to meet the expenses for securing better working conditions and the provision and improvement of amenities and incentives for workers.]
1. Subs. by Act 50 of 1954, s. 18, for s. 31 (w.e.f. 1-8-1955).
2. Subs. by Act 48 of 1961, s. 10, for "section 32" (w.e.f. 19-4-1962). 3. Ins. by s. 10, ibid. (w.e.f. 19-4-1962). | ||||||||||||||||
Related Section(s)(1)This Act may be called the Mines and Minerals 1(Development and Regulation) Act, 1957.
(2) It extends to the whole of India. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1. Subs. by Act 38 of 1999, s. 3, for "(Regulation and Development)" (w.e.f. 18-12-1999).
2. 1st June, 1958, vide notification No. G.S.R. 432, dated 29th May, 1958, see Gazette of India, Extraordinary, Part II, sec. 3(i). @centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made after the expiry of a period of five years from the date of commencement of section 1 of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. | ||||||||||||||||
Related Section(s)1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
1 Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the infrastructure facilities necessary for the development of the Special Economic Zones under clause (p) and services in the Special Economic Zones under clause (z) of section 2; (b) the period within which the person concerned shall obtain the concurrence of the State Government under sub-section (3) of section 3; (c) the form and the manner in which a proposal may be made and the particulars to be contained therein under sub-section (5) of section 3; (d) the period within which the State Government may forward the proposal together with its recommendation under sub-section (6) of section 3; (e) the requirements subject to which the Board may approve, modify or reject the proposal under sub-section (8) of section 3; (f) the period within which the grant of letter of approval shall be communicated to the State Government or Developer or entrepreneur under sub-section (10) of section 3; (g) the other requirements for notifying the specifically identified area in a State as a Special Economic Zone under sub-section (1) of section 4; (h) the terms, conditions and limitations subject to which the goods or services exported out of, or imported into, or procured from the Domestic Tariff Area to, a Special Economic Zone, be exempt from payment of taxes, duties, or cess under section 7; (i) the procedure for transfer of letter of approval in case of suspension of letter of approval of a Developer under clause (a) of sub-section (9) of section 10; (j) the form and the manner in which a proposal may be submitted and the particulars to be contained therein under sub-section (1) of section 15; (k) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 15; (l) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 15; (m) the procedure for disposing of an appeal under sub-section (7) of section 15; (n) the requirements (including the period for which a Unit may be set up) subject to which the proposal may be approved, modified or rejected under clause (a) of sub-section (8) of section 15; (o) the terms and conditions for the Unit subject to which it shall undertake authorised operations under clause (b) of sub-section (8) of section 15 and the obligations and entitlements of the Unit; (p) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 16; (q) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 16; (r) the procedure for disposing of an appeal under sub-section (7) of section 16; (s) the form and the manner in which an application may be made for setting up of an Offshore Banking Unit in a Special Economic Zone under sub-section (1) of section 17; (t) the requirements for setting up and operation of an International Financial Services Centre in a Special Economic Zone under sub-section (1) of section 18; (u) the requirements and terms and conditions subject to which a Unit in the International Financial Services Centre may be set up and operated in a Special Economic Zone under sub-section (2) of section 18; (v) the form of single application for obtaining any licence, permission or registration or approval under clause (a) of section 19; (w) the form of single return or information to be furnished by an entrepreneur or Developer under clause (c) of section 19; (x) the manner in which and the terms and conditions subject to which the exemptions, concessions, draw back or other benefits shall be granted to every Developer and entrepreneur under sub-section (2) of section 26; (y) the period during which any goods brought into, or services provided in, any Special Economic Zone shall remain or continue to be provided in such Unit or Special Economic Zone under section 28; (z) the terms and conditions subject to which transfer of ownership in any goods brought into, or produced or manufactured in, any Unit or Special Economic Zone, or removal thereof from such Unit or Zone, shall be allowed under section 29; (za) the conditions subject to which the Units shall be entitled to sell the goods manufactured in a Special Economic Zone to the Domestic Tariff Area under section 30; (zb) the term of office of the Members, other than ex officio Members, of every Authority and the manner of filling of vacancies under sub-section (6) of section 31; (zc) the manner in which and the conditions subject to which and the purposes for which any person may be associated under sub-section (7) of section 31; (zd) the times and the places of meetings and the procedure to be followed in the transaction of business at the meetings under sub-section (10) of section 31; (ze) the powers and the functions of every Development Commissioner under sub-section (1) of section 32; (zf) the method of appointment of officers and other employees of every Authority, conditions of their service and the scale of pay and allowances under sub-section (3) of section 32; (zg) the other functions to be performed by the Authority under clause (e) of sub-section (2) of section 34; (zh) the form in which the accounts and other relevant records of every Authority shall be maintained and annual statement of accounts shall be prepared under sub-section (1) of section 37; (zi) the form and the manner in which and the time at which every Authority shall furnish returns and statements and other particulars to the Central Government under sub-section (1) of section 39; (zj) the form in which and the date before which every Authority shall furnish to the Central Government the report of its activities, policy and programmes under sub-section (2) of section 39; (zk) the form in which and the particulars to be contained in the identity cards under section 46; (zl) any other matter which, is to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the infrastructure facilities necessary for the development of the Special Economic Zones under clause (p) and services in the Special Economic Zones under clause (z) of section 2; (b) the period within which the person concerned shall obtain the concurrence of the State Government under sub-section (3) of section 3; (c) the form and the manner in which a proposal may be made and the particulars to be contained therein under sub-section (5) of section 3; (d) the period within which the State Government may forward the proposal together with its recommendation under sub-section (6) of section 3; (e) the requirements subject to which the Board may approve, modify or reject the proposal under sub-section (8) of section 3; (f) the period within which the grant of letter of approval shall be communicated to the State Government or Developer or entrepreneur under sub-section (10) of section 3; (g) the other requirements for notifying the specifically identified area in a State as a Special Economic Zone under sub-section (1) of section 4; (h) the terms, conditions and limitations subject to which the goods or services exported out of, or imported into, or procured from the Domestic Tariff Area to, a Special Economic Zone, be exempt from payment of taxes, duties, or cess under section 7; (i) the procedure for transfer of letter of approval in case of suspension of letter of approval of a Developer under clause (a) of sub-section (9) of section 10; (j) the form and the manner in which a proposal may be submitted and the particulars to be contained therein under sub-section (1) of section 15; (k) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 15; (l) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 15; (m) the procedure for disposing of an appeal under sub-section (7) of section 15; (n) the requirements (including the period for which a Unit may be set up) subject to which the proposal may be approved, modified or rejected under clause (a) of sub-section (8) of section 15; (o) the terms and conditions for the Unit subject to which it shall undertake authorised operations under clause (b) of sub-section (8) of section 15 and the obligations and entitlements of the Unit; (p) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 16; (q) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 16; (r) the procedure for disposing of an appeal under sub-section (7) of section 16; (s) the form and the manner in which an application may be made for setting up of an Offshore Banking Unit in a Special Economic Zone under sub-section (1) of section 17; (t) the requirements for setting up and operation of an International Financial Services Centre in a Special Economic Zone under sub-section (1) of section 18; (u) the requirements and terms and conditions subject to which a Unit in the International Financial Services Centre may be set up and operated in a Special Economic Zone under sub-section (2) of section 18; (v) the form of single application for obtaining any licence, permission or registration or approval under clause (a) of section 19; (w) the form of single return or information to be furnished by an entrepreneur or Developer under clause (c) of section 19; (x) the manner in which and the terms and conditions subject to which the exemptions, concessions, draw back or other benefits shall be granted to every Developer and entrepreneur under sub-section (2) of section 26; (y) the period during which any goods brought into, or services provided in, any Special Economic Zone shall remain or continue to be provided in such Unit or Special Economic Zone under section 28; (z) the terms and conditions subject to which transfer of ownership in any goods brought into, or produced or manufactured in, any Unit or Special Economic Zone, or removal thereof from such Unit or Zone, shall be allowed under section 29; (za) the conditions subject to which the Units shall be entitled to sell the goods manufactured in a Special Economic Zone to the Domestic Tariff Area under section 30; (zb) the term of office of the Members, other than ex officio Members, of every Authority and the manner of filling of vacancies under sub-section (6) of section 31; (zc) the manner in which and the conditions subject to which and the purposes for which any person may be associated under sub-section (7) of section 31; (zd) the times and the places of meetings and the procedure to be followed in the transaction of business at the meetings under sub-section (10) of section 31; (ze) the powers and the functions of every Development Commissioner under sub-section (1) of section 32; (zf) the method of appointment of officers and other employees of every Authority, conditions of their service and the scale of pay and allowances under sub-section (3) of section 32; (zg) the other functions to be performed by the Authority under clause (e) of sub-section (2) of section 34; (zh) the form in which the accounts and other relevant records of every Authority shall be maintained and annual statement of accounts shall be prepared under sub-section (1) of section 37; (zi) the form and the manner in which and the time at which every Authority shall furnish returns and statements and other particulars to the Central Government under sub-section (1) of section 39; (zj) the form in which and the date before which every Authority shall furnish to the Central Government the report of its activities, policy and programmes under sub-section (2) of section 39; (zk) the form in which and the particulars to be contained in the identity cards under section 46; (zl) any other matter which, is to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the eligibility criteria for different categories of cable operators under sub-section (2) of section 4;] 2[(aa) the form of application, documents to be accompanied and the fees payable under sub-section (4) of section 4;] 3[(aaa) the terms and conditions of registration under sub-section (6) of section4;] 4[(aaaa) the appropriate measures under sub-section (2) of section 4A for implementation of the notification under sub-section (1) of that section;] (b) the programme code under section 5; (c) the advertisement code under section 6; (d) the form of register to be maintained by a cable operator under section 7; 4[(da) the specifications of interference standards for interfering with any telecommunication system under section 10;] 5[(db) the designated officer under sub-section (1) of section 16;] (e) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 12, ibid., for clause (a) (w.e.f. 25-10-2011).
2. Subs. by s. 12, ibid., for clause (aa) (w.e.f. 25-10-2011). 3. Subs. by s. 12, ibid., for clause (aaa) (w.e.f. 25-10-2011). 4. Ins. by s. 12, ibid. (w.e.f. 25-10-2011). 5. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 3-10-2023). | ||||||||||||||||
Related Section(s)The share capital of a company limited by shares shall be of two kinds,
namely:--
(a) equity share capital-- (i) with voting rights; or (ii) with differential rights as to dividend, voting or otherwise in accordance with such rules as may be prescribed; and (b) preference share capital: Provided that nothing contained in this Act shall affect the rights of the preference shareholders who are entitled to participate in the proceeds of winding up before the commencement of this Act. Explanation.-- For the purposes of this section,-- (i) equity share capital, with reference to any company limited by shares, means all share capital which is not preference share capital; (ii) preference share capital, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to (a) payment of dividend, either as a fixed amount or an amount calculated at a fixed rate, which may either be free of or subject to income-tax; and (b) repayment, in the case of a winding up or repayment of capital, of the amount of the share capital paid-up or deemed to have been paid-up, whether or not, there is a preferential right to the payment of any fixed premium or premium on any fixed scale, specified in the memorandum or articles of the company; (iii) capital shall be deemed to be preference capital, notwithstanding that it is entitled to either or both of the following rights, namely:-- (a) that in respect of dividends, in addition to the preferential rights to the amounts specified in sub-clause (a) of clause (ii), it has a right to participate, whether fully or to a limited extent, with capital not entitled to the preferential right aforesaid; (b) that in respect of capital, in addition to the preferential right to the repayment, on a winding up, of the amounts specified in sub-clause (b) of clause (ii), it has a right to participate, whether fully or to a limited extent, with capital not entitled to that preferential right in any surplus which may remain after the entire capital has been repaid. (1) A company may issue fully paid-up bonus shares to its members, in
any manner whatsoever, out of--
(i) its free reserves; (ii) the securities premium account; or (iii) the capital redemption reserve account: Provided that no issue of bonus shares shall be made by capitalising reserves created by the revaluation of assets. (2) No company shall capitalise its profits or reserves for the purpose of issuing fully paid-up bonus shares under sub-section (1), unless-- (a) it is authorised by its articles; (b) it has, on the recommendation of the Board, been authorised in the general meeting of the company; (c) it has not defaulted in payment of interest or principal in respect of fixed deposits or debt securities issued by it; (d) it has not defaulted in respect of the payment of statutory dues of the employees, such as, contribution to provident fund, gratuity and bonus; (e) the partly paid-up shares, if any outstanding on the date of allotment, are made fully paid-up; (f) it complies with such conditions as may be prescribed. (3) The bonus shares shall not be issued in lieu of dividend. (1) No company limited by shares shall, after the
commencement of this Act, issue any preference shares which are irredeemable.
(2) A company limited by shares may, if so authorised by its articles, issue preference shares which are liable to be redeemed within a period not exceeding twenty years from the date of their issue subject to such conditions as may be prescribed: Provided that a company may issue preference shares for a period exceeding twenty years for infrastructure projects, subject to the redemption of such percentage of shares as may be prescribed on an annual basis at the option of such preferential shareholders: Provided further that-- (a) no such shares shall be redeemed except out of the profits of the company which would otherwise be available for dividend or out of the proceeds of a fresh issue of shares made for the purposes of such redemption; (b) no such shares shall be redeemed unless they are fully paid; (c) where such shares are proposed to be redeemed out of the profits of the company, there shall, out of such profits, be transferred, a sum equal to the nominal amount of the shares to be redeemed, to a reserve, to be called the Capital Redemption Reserve Account, and the provisions of this Act relating to reduction of share capital of a company shall, except as provided in this section, apply as if the Capital Redemption Reserve Account were paid-up share capital of the company; and (d) (i) in case of such class of companies, as may be prescribed and whose financial statement comply with the accounting standards prescribed for such class of companies under section 133, the premium, if any, payable on redemption shall be provided for out of the profits of the company, before the shares are redeemed: Provided also that premium, if any, payable on redemption of any preference shares issued on or before the commencement of this Act by any such company shall be provided for out of the profits of the company or out of the companys securities premium account, before such shares are redeemed. (ii) in a case not falling under sub-clause (i) above, the premium, if any, payable on redemption shall be provided for out of the profits of the company or out of the company's securities premium account, before such shares are redeemed. (3) Where a company is not in a position to redeem any preference shares or to pay dividend, if any, on such shares in accordance with the terms of issue (such shares hereinafter referred to as unredeemed preference shares), it may, with the consent of the holders of three-fourths in value of such preference shares and with the approval of the Tribunal on a petition made by it in this behalf, issue further redeemable preference shares equal to the amount due, including the dividend thereon, in respect of the unredeemed preference shares, and on the issue of such further redeemable preference shares, the unredeemed preference shares shall be deemed to have been redeemed: Provided that the Tribunal shall, while giving approval under this sub-section, order the redemption forthwith of preference shares held by such persons who have not consented to the issue of further redeemable preference shares. Explanation.-- For the removal of doubts, it is hereby declared that the issue of further redeemable preference shares or the redemption of preference shares under this section shall not be deemed to be an increase or, as the case may be, a reduction, in the share capital of the company. (4) The capital redemption reserve account may, notwithstanding anything in this section, be applied by the company, in paying up unissued shares of the company to be issued to members of the company as fully paid bonus shares. Explanation.-- For the purposes of sub-section (2), the term infrastructure projects means the infrastructure projects specified in Schedule VI. (1) No company limited by shares or by guarantee and having a share capital shall have power to buy its own
shares unless the consequent reduction of share capital is effected under the provisions of this Act.
(2) No public company shall give, whether directly or indirectly and whether by means of a loan, guarantee, the provision of security or otherwise, any financial assistance for the purpose of, or in connection with, a purchase or subscription made or to be made, by any person of or for any shares in the company or in its holding company. (3) Nothing in sub-section (2) shall apply to-- (a) the lending of money by a banking company in the ordinary course of its business; (b) the provision by a company of money in accordance with any scheme approved by company through special resolution and in accordance with such requirements as may be prescribed, for the purchase of, or subscription for, fully paid-up shares in the company or its holding company, if the purchase of, or the subscription for, the shares held by trustees for the benefit of the employees or such shares held by the employee of the company; (c) the giving of loans by a company to persons in the employment of the company other than its directors or key managerial personnel, for an amount not exceeding their salary or wages for a period of six months with a view to enabling them to purchase or subscribe for fully paid-up shares in the company or its holding company to be held by them by way of beneficial ownership: Provided that disclosures in respect of voting rights not exercised directly by the employees in respect of shares to which the scheme relates shall be made in the Board's report in such manner as may be prescribed. (4) Nothing in this section shall affect the right of a company to redeem any preference shares issued by it under this Act or under any previous company law. (5) If a company contravenes the provisions of this section, it shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to twentyfive lakh rupees. (1) Every holder of securities of a company may, at any time, nominate, in
the prescribed manner, any person to whom his securities shall vest in the event of his death.
(2) Where the securities of a company are held by more than one person jointly, the joint holders may together nominate, in the prescribed manner, any person to whom all the rights in the securities shall vest in the event of death of all the joint holders. (3) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of the securities of a company, where a nomination made in the prescribed manner purports to confer on any person the right to vest the securities of the company, the nominee shall, on the death of the holder of securities or, as the case may be, on the death of the joint holders, become entitled to all the rights in the securities, of the holder or, as the case may be, of all the joint holders, in relation to such securities, to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. (4) Where the nominee is a minor, it shall be lawful for the holder of the securities, making the nomination to appoint, in the prescribed manner, any person to become entitled to the securities of the company, in the event of the death of the nominee during his minority. (1) Notwithstanding anything contained in section 53, a company
may issue sweat equity shares of a class of shares already issued, if the following conditions are fulfilled,
namely:--
(a) the issue is authorised by a special resolution passed by the company; (b) the resolution specifies the number of shares, the current market price, consideration, if any, and the class or classes of directors or employees to whom such equity shares are to be issued; 1* * * * * (d) where the equity shares of the company are listed on a recognised stock exchange, the sweat equity shares are issued in accordance with the regulations made by the Securities and Exchange Board in this behalf and if they are not so listed, the sweat equity shares are issued in accordance with such rules as may be prescribed. (2) The rights, limitations, restrictions and provisions as are for the time being applicable to equity shares shall be applicable to the sweat equity shares issued under this section and the holders of such shares shall rank pari passu with other equity shareholders.
1. Clause (c) omitted by s. 13, ibid. (w.e.f. 7-5-2018).
(1) Where at any time, a company having a share capital proposes
to increase its subscribed capital by the issue of further shares, such shares shall be offered--
(a) to persons who, at the date of the offer, are holders of equity shares of the company in proportion, as nearly as circumstances admit, to the paid-up share capital on those shares by sending a letter of offer subject to the following conditions, namely:-- (i) the offer shall be made by notice specifying the number of shares offered and limiting a time not being less than fifteen days 1[or such lesser number of days as may be prescribed] and not exceeding thirty days from the date of the offer within which the offer, if not accepted, shall be deemed to have been declined; (ii) unless the articles of the company otherwise provide, the offer aforesaid shall be deemed to include a right exercisable by the person concerned to renounce the shares offered to him or any of them in favour of any other person; and the notice referred to in clause (i) shall contain a statement of this right; (iii) after the expiry of the time specified in the notice aforesaid, or on receipt of earlier intimation from the person to whom such notice is given that he declines to accept the shares offered, the Board of Directors may dispose of them in such manner which is not disadvantageous to the share holders and the company; (b) to employees under a scheme of employees’ stock option, subject to special resolution passed by company and subject to such conditions as may be prescribed; or (c) to any persons, if it is authorised by a special resolution, whether or not those persons include the persons referred to in clause (a) or clause (b), either for cash or for a consideration other than cash, if the price of such shares is determined by the valuation report 2[of a registered valuer, subject to the compliance with the applicable provisions of Chapter III and any other conditions as may be prescribed]. 3[(2) The notice referred to in sub-clause (i) of clause (a) of sub-section (1) shall be dispatched through registered post or speed post or through electronic mode or courier or any other mode having proof of delivery to all the existing shareholders at least three days before the opening of the issue.] (3) Nothing in this section shall apply to the increase of the subscribed capital of a company caused by the exercise of an option as a term attached to the debentures issued or loan raised by the company to convert such debentures or loans into shares in the company: Provided that the terms of issue of such debentures or loan containing such an option have been approved before the issue of such debentures or the raising of loan by a special resolution passed by the company in general meeting. (4) Notwithstanding anything contained in sub-section (3), where any debentures have been issued, or loan has been obtained from any Government by a company, and if that Government considers it necessary in the public interest so to do, it may, by order, direct that such debentures or loans or any part thereof shall be converted into shares in the company on such terms and conditions as appear to the Government to be reasonable in the circumstances of the case even if terms of the issue of such debentures or the raising of such loans do not include a term for providing for an option for such conversion: Provided that where the terms and conditions of such conversion are not acceptable to the company, it may, within sixty days from the date of communication of such order, appeal to the Tribunal which shall after hearing the company and the Government pass such order as it deems fit. (5) In determining the terms and conditions of conversion under sub-section (4), the Government shall have due regard to the financial position of the company, the terms of issue of debentures or loans, as the case may be, the rate of interest payable on such debentures or loans and such other matters as it may consider necessary. (6) Where the Government has, by an order made under sub-section (4), directed that any debenture or loan or any part thereof shall be converted into shares in a company and where no appeal has been preferred to the Tribunal under sub-section (4) or where such appeal has been dismissed, the memorandum of such company shall, where such order has the effect of increasing the authorised share capital of the company, stand altered and the authorised share capital of such company shall stand increased by an amount equal to the amount of the value of shares which such debentures or loans or part thereof has been converted into.
1. Ins. by Act 29 of 2020, s. 11 (w.e.f. 22-1-2021).
2. Subs. by Act 1 of 2018, s. 14, for "of a registered valuer subject to such conditions as may be prescribed" (w.e.f. 9-2-2018). 3. Subs. by s. 14, ibid., for sub-section (2) (w.e.f. 9-2-2018). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. 1[42. Issue of shares on private placement basis.-- (1) A company may, subject to the provisions of
this section, make a private placement of securities.
(2) A private placement shall be made only to a select group of persons who have been identified by the Board (herein referred to as identified persons), whose number shall not exceed fifty or such higher number as may be prescribed excluding the qualified institutional buyers and employees of the company being offered securities under a scheme of employees stock option in terms of provisions of clause (b) of sub-section (1) of section 62, in a financial year subject to such conditions as may be prescribed. (3) A company making private placement shall issue private placement offer and application in such form and manner as may be prescribed to identified persons, whose names and addresses are recorded by the company in such manner as may be prescribed: Provided that the private placement offer and application shall not carry any right of renunciation. Explanation I.-- "private placement" means any offer or invitation to subscribe or issue of securities to a select group of persons by a company (other than by way of public offer) through private placement offer-cum-application, which satisfies the conditions specified in this section. Explanation II.-- "qualified institutional buyer" means the qualified institutional buyer as defined in the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009, as amended from time to time, made under the Securities and Exchange Board of India Act, 1992, (15 of 1992). Explanation III.-- If a company, listed or unlisted, makes an offer to allot or invites subscription, or allots, or enters into an agreement to allot, securities to more than the prescribed number of persons, whether the payment for the securities has been received or not or whether the company intends to list its securities or not on any recognised stock exchange in or outside India, the same shall be deemed to be an offer to the public and shall accordingly be governed by the provisions of Part I of this Chapter. (4) Every identified person willing to subscribe to the private placement issue shall apply in the private placement and application issued to such person alongwith subscription money paid either by cheque or demand draft or other banking channel and not by cash: Provided that a company shall not utilise monies raised through private placement unless allotment is made and the return of allotment is filed with the Registrar in accordance with sub-section (8). (5) No fresh offer or invitation under this section shall be made unless the allotments with respect to any offer or invitation made earlier have been completed or that offer or invitation has been withdrawn or abandoned by the company: Provided that, subject to the maximum number of identified persons under sub-section (2), a company may, at any time, make more than one issue of securities to such class of identified persons as may be prescribed. (6) A company making an offer or invitation under this section shall allot its securities within sixty days from the date of receipt of the application money for such securities and if the company is not able to allot the securities within that period, it shall repay the application money to the subscribers within fifteen days from the expiry of sixty days and if the company fails to repay the application money within the aforesaid period, it shall be liable to repay that money with interest at the rate of twelve per cent. per annum from the expiry of the sixtieth day: Provided that monies received on application under this section shall be kept in a separate bank account in a scheduled bank and shall not be utilised for any purpose other than-- (a) for adjustment against allotment of securities; or (b) for the repayment of monies where the company is unable to allot securities. (7) No company issuing securities under this section shall release any public advertisements or utilise any media, marketing or distribution channels or agents to inform the public at large about such an issue. (8) A company making any allotment of securities under this section, shall file with the Registrar a return of allotment within fifteen days from the date of the allotment in such manner as may be prescribed, including a complete list of all allottees, with their full names, addresses, number of securities allotted and such other relevant information as may be prescribed. (9) If a company defaults in filing the return of allotment within the period prescribed under subsection (8), the company, its promoters and directors shall be liable to a penalty for each default of one thousand rupees for each day during which such default continues but not exceeding twenty-five lakh rupees. (10) Subject to sub-section (11), if a company makes an offer or accepts monies in contravention of this section, the company, its promoters and directors shall be liable for a penalty which may extend to the amount raised through the private placement or two crore rupees, whichever is lower, and the company shall also refund all monies with interest as specified in sub-section (6) to subscribers within a period of thirty days of the order imposing the penalty. (11) Notwithstanding anything contained in sub-section (9) and sub-section (10), any private placement issue not made in compliance of the provisions of sub-section (2) shall be deemed to be a public offer and all the provisions of this Act and the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and the Securities and Exchange Board of India Act, 1992 (15 of 1992) shall be applicable.]
1. Subs. by Act 1 of 2018, s. 10 (w.e.f. 7-8-2018).
(1) A company shall not register a transfer of
securities of the company, or the interest of a member in the company in the case of a company having no
share capital, other than the transfer between persons both of whose names are entered as holders of
beneficial interest in the records of a depository, unless a proper instrument of transfer, in such form as
may be prescribed, duly stamped, dated and executed by or on behalf of the transferor and the transferee
and specifying the name, address and occupation, if any, of the transferee has been delivered to the
company by the transferor or the transferee within a period of sixty days from the date of execution, along
with the certificate relating to the securities, or if no such certificate is in existence, along with the letter
of allotment of securities:
Provided that where the instrument of transfer has been lost or the instrument of transfer has not been delivered within the prescribed period, the company may register the transfer on such terms as to indemnity as the Board may think fit. (2) Nothing in sub-section (1) shall prejudice the power of the company to register, on receipt of an intimation of transmission of any right to securities by operation of law from any person to whom such right has been transmitted. (3) Where an application is made by the transferor alone and relates to partly paid shares, the transfer shall not be registered, unless the company gives the notice of the application, in such manner as may be prescribed, to the transferee and the transferee gives no objection to the transfer within two weeks from the receipt of notice. (4) Every company shall, unless prohibited by any provision of law or any order of Court, Tribunal or other authority, deliver the certificates of all securities allotted, transferred or transmitted-- (a) within a period of two months from the date of incorporation, in the case of subscribers to the memorandum; (b) within a period of two months from the date of allotment, in the case of any allotment of any of its shares; (c) within a period of one month from the date of receipt by the company of the instrument of transfer under sub-section (1) or, as the case may be, of the intimation of transmission under sub-section (2), in the case of a transfer or transmission of securities; (d) within a period of six months from the date of allotment in the case of any allotment of debenture: Provided that where the securities are dealt with in a depository, the company shall intimate the details of allotment of securities to depository immediately on allotment of such securities. (5) The transfer of any security or other interest of a deceased person in a company made by his legal representative shall, even if the legal representative is not a holder thereof, be valid as if he had been the holder at the time of the execution of the instrument of transfer. 1 [(6) Where any default is made in complying with the provisions of sub-sections (1) to (5), the company and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.] (7) Without prejudice to any liability under the Depositories Act, 1996 (22 of 1996), where any depository or depository participant, with an intention to defraud a person, has transferred shares, it shall be liable under section 447.
1. Subs. by Act 29 of 2020, s. 9, for sub-section (6) (w.e.f. 21-12-2020).
(1) Where--
(a) a company alters its share capital in any manner specified in sub-section (1) of section 61; (b) an order made by the Government under sub-section (4) read with sub-section (6) of section 62 has the effect of increasing authorised capital of a company; or (c) a company redeems any redeemable preference shares, the company shall file a notice in the prescribed form with the Registrar within a period of thirty days of such alteration or increase or redemption, as the case may be, along with an altered memorandum. 1[(2) where any company fails to comply with the provisions of sub-section (1), such company rupees and every officer who is in default shall be liable to a penalty of 2[five hundred rupees] for each day during which such default continues, 3[subject to a maximum of five lakh rupees in case of a company and one lakh rupees in case of an officer who is in default].]
1. Subs. by Act 22 of 2019, s. 10, for sub-section (2) (w.e.f. 2-11-2018).
2. Subs. by s. 12, ibid., for "one thousand rupees" (w.e.f. 21-12-2020). 3. Subs. by s. 12, ibid., for "or five lakh rupees whichever is less" (w.e.f. 21-12-2020). (1) Notwithstanding anything contained in
this Act, but subject to the provisions of sub-section (2), a company may purchase its own shares or other
specified securities (hereinafter referred to as buy-back) out of--
(a) its free reserves; (b) the securities premium account; or (c) the proceeds of the issue of any shares or other specified securities: Provided that no buy-back of any kind of shares or other specified securities shall be made out of the proceeds of an earlier issue of the same kind of shares or same kind of other specified securities. (2) No company shall purchase its own shares or other specified securities under sub-section (1), unless-- (a) the buy-back is authorised by its articles; (b) a special resolution has been passed at a general meeting of the company authorising the buy-back: Provided that nothing contained in this clause shall apply to a case where-- (i) the buy-back is, ten per cent. or less of the total paid-up equity capital and free reserves of the company; and (ii) such buy-back has been authorised by the Board by means of a resolution passed at its meeting; (c) the buy-back is twenty-five per cent. or less of the aggregate of paid-up capital and free reserves of the company: Provided that in respect of the buy-back of equity shares in any financial year, the reference to twenty-five per cent. in this clause shall be construed with respect to its total paid-up equity capital in that financial year; (d) the ratio of the aggregate of secured and unsecured debts owed by the company after buy-back is not more than twice the paid-up capital and its free reserves: Provided that the Central Government may, by order, notify a higher ratio of the debt to capital and free reserves for a class or classes of companies; (e) all the shares or other specified securities for buy-back are fully paid-up; (f) the buy-back of the shares or other specified securities listed on any recognized stock exchange is in accordance with the regulations made by the Securities and Exchange Board in this behalf; and (g) the buy-back in respect of shares or other specified securities other than those specified in clause (f) is in accordance with such rules as may be prescribed: Provided that no offer of buy-back under this sub-section shall be made within a period of one year reckoned from the date of the closure of the preceding offer of buy-back, if any. (3) The notice of the meeting at which the special resolution is proposed to be passed under clause (b) of sub-section (2) shall be accompanied by an explanatory statement stating-- (a) a full and complete disclosure of all material facts; (b) the necessity for the buy-back; (c) the class of shares or securities intended to be purchased under the buy-back; (d) the amount to be invested under the buy-back; and (e) the time-limit for completion of buy-back. (4) Every buy-back shall be completed within a period of one year from the date of passing of the special resolution, or as the case may be, the resolution passed by the Board under clause (b) of sub-section (2). (5) The buy-back under sub-section (1) may be-- (a) from the existing shareholders or security holders on a proportionate basis; (b) from the open market; (c) by purchasing the securities issued to employees of the company pursuant to a scheme of stock option or sweat equity. (6) Where a company proposes to buy-back its own shares or other specified securities under this section in pursuance of a special resolution under clause (b) of sub-section (2) or a resolution under item (ii) of the proviso thereto, it shall, before making such buy-back, file with the Registrar and the Securities and Exchange Board, a declaration of solvency signed by atleast two directors of the company, one of whom shall be the managing director, if any, in such form as may be prescribed and verified by an affidavit to the effect that the Board of Directors of the company has made a full inquiry into the affairs of the company as a result of which they have formed an opinion that it is capable of meeting its liabilities and will not be rendered insolvent within a period of one year from the date of declaration adopted by the Board: Provided that no declaration of solvency shall be filed with the Securities and Exchange Board by a company whose shares are not listed on any recognised stock exchange. (7) Where a company buys back its own shares or other specified securities, it shall extinguish and physically destroy the shares or securities so bought back within seven days of the last date of completion of buy-back. (8) Where a company completes a buy-back of its shares or other specified securities under this section, it shall not make a further issue of the same kind of shares or other securities including allotment of new shares under clause (a) of sub-section (1) of section 62 or other specified securities within a period of six months except by way of a bonus issue or in the discharge of subsisting obligations such as conversion of warrants, stock option schemes, sweat equity or conversion of preference shares or debentures into equity shares. (9) Where a company buys back its shares or other specified securities under this section, it shall maintain a register of the shares or securities so bought, the consideration paid for the shares or securities bought back, the date of cancellation of shares or securities, the date of extinguishing and physically destroying the shares or securities and such other particulars as may be prescribed. (10) A company shall, after the completion of the buy-back under this section, file with the Registrar and the Securities and Exchange Board a return containing such particulars relating to the buy-back within thirty days of such completion, as may be prescribed: Provided that no return shall be filed with the Securities and Exchange Board by a company whose shares are not listed on any recognised stock exchange. (11) If a company makes any default in complying with the provisions of this section or any regulation made by the Securities and Exchange Board, for the purposes of clause (f) of sub-section (2), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and every officer of the company who is in default shall be punishable 1*** with fine which shall not be less than one lakh rupees but which may extend to 2 [three lakh rupees]. Explanation I.--For the purposes of this section and section 70, "specified securities" includes employees' stock option or other securities as may be notified by the Central Government from time to time. Explanation II.--For the purposes of this section, "free reserves" includes securities premium account.
1. The words "with imprisonment for a term which may extend to three years or" omitted by Act 29 of 2020, s. 14 (w.e.f. 21-12-
2020).
2. Subs. by s. 14, ibid., for "three lakh rupees, or with both" (w.e.f. 21-12-2020). (1) A company may issue debentures with an option to convert such debentures
into shares, either wholly or partly at the time of redemption:
Provided that the issue of debentures with an option to convert such debentures into shares, wholly or partly, shall be approved by a special resolution passed at a general meeting. (2) No company shall issue any debentures carrying any voting rights. (3) Secured debentures may be issued by a company subject to such terms and conditions as may be prescribed. (4) Where debentures are issued by a company under this section, the company shall create a debenture redemption reserve account out of the profits of the company available for payment of dividend and the amount credited to such account shall not be utilised by the company except for the redemption of debentures. (5) No company shall issue a prospectus or make an offer or invitation to the public or to its members exceeding five hundred for the subscription of its debentures, unless the company has, before such issue or offer, appointed one or more debenture trustees and the conditions governing the appointment of such trustees shall be such as may be prescribed. (6) A debenture trustee shall take steps to protect the interests of the debenture-holders and redress their grievances in accordance with such rules as may be prescribed. (7) Any provision contained in a trust deed for securing the issue of debentures, or in any contract with the debenture-holders secured by a trust deed, shall be void in so far as it would have the effect of exempting a trustee thereof from, or indemnifying him against, any liability for breach of trust, where he fails to show the degree of care and due diligence required of him as a trustee, having regard to the provisions of the trust deed conferring on him any power, authority or discretion: Provided that the liability of the debenture trustee shall be subject to such exemptions as may be agreed upon by a majority of debenture-holders holding not less than three-fourths in value of the total debentures at a meeting held for the purpose. (8) A company shall pay interest and redeem the debentures in accordance with the terms and conditions of their issue. (9) Where at any time the debenture trustee comes to a conclusion that the assets of the company are insufficient or are likely to become in sufficient to discharge the principal amount as and when it becomes due, the debenture trustee may file a petition before the Tribunal and the Tribunal may, after hearing the company and any other person interested in the matter, by order, impose such restrictions on the incurring of any further liabilities by the company as the Tribunal may consider necessary in the interests of the debenture-holders. (10) Where a company fails to redeem the debentures on the date of their maturity or fails to pay interest on the debentures when it is due, the Tribunal may, on the application of any or all of the debenture-holders, or debenture trustee and, after hearing the parties concerned, direct, by order, the company to redeem the debentures forth with on payment of principal and interest due thereon. 1* * * * * (12) A contract with the company to take up and pay for any debentures of the company may be enforced by a decree for specific performance. (13) The Central Government may prescribe the procedure, for securing the issue of debentures, the form of debenture trust deed, the procedure for the debenture-holders to inspect the trust deed and to obtain copies thereof, quantum of debenture redemption reserve required to be created and such other matters.
1. Sub-section (11) omitted by Act 29 of 2020, s. 15 (w.e.f. 21-12-2020).
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Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; (c) infectious or contagious diseases for the purposes of section 68; (d) rates of penalty charges under section 73; (e) the manner in which the consignment may be delivered without a railway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section (2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83; (k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. | ||||||||||||||||
Related Section(s)(1) A public company may issue securities--
(a) to public through prospectus (herein referred to as “public offer”) by complying with the provisions of this Part; or (b) through private placement by complying with the provisions of Part II of this Chapter; or (c) through a rights issue or a bonus issue in accordance with the provisions of this Act and in case of a listed company or a company which intends to get its securities listed also with the provisions of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and the rules and regulations made thereunder. (2) A private company may issue securities-- (a) by way of rights issue or bonus issue in accordance with the provisions of this Act; or (b) through private placement by complying with the provisions of Part II of this Chapter. 1[(3) Such class of public companies may issue such class of securities for the purposes of listing on permitted stock exchanges in permissible foreign jurisdictions or such other jurisdictions, as may be prescribed. (4) The Central Government may, by notification, exempt any class or classes of public companies referred to in sub-section (3) from any of the provisions of this Chapter, Chapter IV, section 89, section 90 or section 127 and a copy of every such notification shall, as soon as may be after it is issued, be laid before both Houses of Parliament.] Explanation.--For the purposes of this Chapter, “public offer” includes initial public offer or further public offer of securities to the public by a company, or an offer for sale of securities to the public by an existing shareholder, through issue of a prospectus.
1. Ins. by Act 29 of 2020, s. 5, (w.e.f. 30-10-2023).
(1) This Act may be called the Companies Act, 2013.
(2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and *different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) The provisions of this Act shall apply to-- (a) companies incorporated under this Act or under any previous company law; (b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949); (d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003); (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and (f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification. To be deleted
*, 1. 12th September, 2013 -- S. 2(1),(3), (4), (5), (6), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (28), (29) [except
sub-clause (iv)], (30), (32), (33), (34), (35), (36), (37), (38), (39), (40), (43), (44), (45), (46), (49), (50), (51), (52), (53), (54), (55), (56), (57), (58), (59), (60), (61),
(63), (64), (65), (66), (67) [except sub-clause (ix)], (84), (86),(87) [except the proviso and Explanation (d)], (88), (89), (90), (91), (92), (93), (94), (95); s. 19, 21, 22,
23 [except clause (b) of sub-section (1) and sub-section (2)], 24, 25 [except sub-section (3)], 29, 30, 31, 32, 33 [except sub-section (3)], 34, 35 [except clause (e) of
sub-section (1)], 36, 37, 38 39 [except sub-section (4)], 40 [except sub-section (6)], 44, 45, 49, 50, 51, 57, 58, 59, 60, 65, 69, 70 [except sub-section (2)], 86, 91, 100
[except sub-section (6)], 102, 103, 104, 105 [except the third and fourth provisos of sub-section (1) and sub-section (7)], 106, 107, 111, 112, 113 [except clause (b) of
sub-section (1)], 114, 116, 127, 133, 161 [except sub-section (2)], 162, 163, 176, 180, 181, 182, 183, 185, 192, 194,195, 202, 379, 382, 383, 386 [except clause (a)],
394, 405, 407, 408, 409, 410, 411, 412, 413, 414, 439, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 456, 457, 458, 459, 460, 461, 462, 463, 467, 468, 469,
470, vide notification No. S.O. 2754(E), dated 12th September, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st April 2014 S. 2(2), (7), (13), (31), (41), (42), (47), (48), (62), (83), (85) and Explanation (d) of clause (87); ss. 3, 4, 5, 6; s. 7 [except sub-section (7)]; s. 8 [except sub-section (9)]; ss. 9, 10, 11, 12 and 13; s. 14 [except second proviso to sub-section (1) and sub-section (2)]; ss. 15, 16, 17 and 18; section 20; clause (b) of sub-section (1) and sub-section (2) of section 23; sub-section (3) of section 25; ss. 26, 27 and 28; sub-section (3) of s. 33; clause (e) of sub-section (1) of s. 35; subsection (4) of s. 39; sub-section (6) of s. 40; ss. 41, 42 and 43; ss. 46 and 47; ss. 52, 53 and 54; s. 55 [except sub-section (3)]; s. 56; s. 61 [except proviso to clause (b) of sub-section (1)]; s. 62 [except sub-sections (4) to (6)]; ss. 63 and 64; ss. 67 and 68; sub-section (2) of section 70; s. 71 [except sub-sections (9) to (11)]; ss. 72 and 73; sub-section (1) of s. 74; ss. 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85; ss. 87, 88, 89 and 90; ss. 92, 93, 94, 95 and 96; sub-section (6) of s.100; s. 101; third and fourth provisos to sub-section (1) and sub-section (7) of s. 105; ss. 108, 109 and 110; clause (b) of sub-section (1) of s. 113; s. 115; ss. 117and 118; s. 119 [except sub-section (4)]; ss. 120, 121, 122 and 123; s. 126; ss. 128 and 129; s.134; ss. 136, 137, 138 and 139; s. 140 [except second proviso to sub-section (4) and sub-section (5)]; ss. 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 160; sub-section (2) of s. 161; ss. 164, 165, 166, 167 and 168; s. 169 [except sub-section (4)]; ss. 170, 171, 172, 173, 174 and 175; ss. 177, 178 and 179; s. 184; ss. 186, 187, 188, 189, 190 and 191; s. 193; ss. 196, 197, 198, 199, 200 and 201; ss. 203, 204, 205, 206, 207, 208, 209, 210 and 211; s. 212 [except references of sub-section (10) of s. 66, sub-section (5) of s. 140], s. 213, subsection (1) of s. 251 and sub-section (3) of s. 339 made in sub-section (6) and also sub-sections (8) to (10)]; ss. 214, 215; s. 216 [except sub-section (2)]; s. 217; ss. 219 and 220; s. 223; s. 224 [except sub-sections (2) and (5)]; s. 225; ss. 228 and 229; ss. 366, 367, 368and 369; s. 370 (except the proviso); s. 371; s. 374; ss. 380and 381; ss. 384 and 385; clause (a) of s. 386; ss. 387, 388, 389 and 390; sub-section (1) of s. 391; ss. 392 and 393; ss. 395, 396, 397 and 398; s. 399 [except reference of word Tribunal in sub-section (2)]; ss. 400, 401, 402, 403 and 404; s. 406; s. 442; ss. 454and 455; s. 464; Schs. I, II, III, IV, V and VI, vide notification No. S.O. 902(E), dated 26th March, 2014, see Gazette of India, Extraordinary, Part II, sec.3(ii). 1st April, 2014 -- S. 135 and Sch. VII, vide notification No. S.O. 582(E), dated 27th February, 2014, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 6th June, 2014 Sub-sections (2) and (3) of s. 74, vide notification No. S.O. 1459(E), dated 6th June, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13th January, 2016 -- S. 125(5), (6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and (7), vide notification No. S.O. 125(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 18th May, 2016 --S. 2(29) (iv), ss. 435 to 438 and s. 440, vide notification No. S.O. 1795(E), dated 18th May, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 2016 --S. 7(7) [except clause (c) and (d)], s. 14(2), second proviso to sub-section (1) of s. 14, s. 55 (3), proviso to clause (b) of sub-section (1) of s. 61; s. 62 (4) to (6), s. 71 (9), (10) and (11), s. 75; s. 97; s. 98 and s. 99; S. 119 (4), s. 130 and 131; second proviso to sub-section (4) and (5) of s. 140, s. 169(4), s. 213, s. 216 (2), s. 218, s. 221, s. 222, s. 224 (5), ss. 241, 242 [except clause (b) of sub-section (1), cls. (c) and (g) of sub-section (2), 243, 244 and 245; Reference of word Tribunal s. 399 (2),ss. 415 to 433, s. 434 (1) (a) and (b) & (2), s. 441and 466, vide notification No. S.O. 1934(E), dated 1st June, 2016, see Gazette of India, Extraordinary Part II, sec. 3(ii). 7th September, 2016 -S. 124, s. 125 (1) to (4), (6) [with respect to the manner of administration of the Investor Education and Protection Fund] and (8) to (11) vide Notification No. S.O. 2866(E), dated 5th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th September, 2016 -- S. 227, 242 (1) (b), (2) (c) & (g), s. 246, Ss. 337 to 341 (to the extent of their applicability for s. 246), vide notification No. S.O. 2912(E), dated 9th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 2016-S. 2 (23), s.7 (7) (c) and (d), s. 8 (9), s. 48, s. 66, s. 224 (2), s. 226, s. 230 [except sub-section (11) and (12)], and ss. 231 to 233, ss. 235 to 240, ss. 270 to 288, ss. 290 to 303, ss. 324, ss. 326 to 365, proviso to s. 370, ss. 372 to 373, ss. 375 to 378, s. 391 (2), s. 434 (1) cl. (c) vide notification No. S.O. 3677(E), dated 7th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 26th December, 2016 --Ss. 248 to 252, vide notification No. S.O. 4167(E), dated 26th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 13th April, 2017 -- S. 234, vide notification No. S.O. 1182(E), dated 13th April, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 24th August, 2017 --S. 212 (8), (9) and (10), vide notification No. S.O. 2751(E), dated 24th August, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 20th September, 2017 --Proviso to clause (87) of s. 2, vide notification No. S.O. 3086(E), dated 20th September, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 18th October, 2017 --S. 247, vide notification No. S.O. 3393(E), dated 18th October, 2017, see Gazette of India, Extraordinary Part II, sec. 3(ii). 21st March, 2018- S. 132 (3) and (11), vide notification No. S.O. 1316(E), dated 21st March, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st October, 2018 -- S 132 (1) and (12), vide notification No. S.O. 5098(E), dated 1st October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 24th October, 2018 -- S 132 (2), (4), (5), (10), (13), (14) and (15) vide notification No. S.O. 5385(E), dated 24th October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 30th January, 2019 -- S465in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) vide notification No. S.O. 560(E), dated 30th January 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st July, 2019-S. 81 vide notification No. S.O. 2269(E), dated 15th August, 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 3rd February, 2020-S. 230 (11) and (12), vide notification No. S.O. 525(E), dated 3rd February, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 21st December, 2020-S. 1, 3,6 to 10 (both inclusive), s. 12 to 17 (both inclusive), clauses (a) and (b) of s. 18, s. 19 to 21 (both inclusive), clause (i) of s. 22, 24,26, 28 to 31 (both inclusive), s. 33 to 39 (both inclusive), s. 41 to 44 (both inclusive), s. 46 to 51 (both inclusive), s. 54, 57, 61 and 63, vide notification No. S.O. 4646(E), dated 21st December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)In this Act, unless the context otherwise requires,--
(1) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf; (2) "accounting standards" means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133; (3) "alter" or "alteration" includes the making of additions, omissions and substitutions; (4) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410; (5) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act; (6) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company. 1[Explanation.-- For the purpose of this clause,-- (a) the expression "significant influence" means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement; (b) the expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;] (7) "auditing standards" means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143; (8) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company; (9) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10) "Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company; (11) "body corporate" or "corporation" includes a company incorporated outside India, but does not include-- (i) a co-operative society registered under any law relating to co-operative societies; and (ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf; (12) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form; (13) "books of account" includes records maintained in respect of-- (i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place; (ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and (iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section; (14) "branch office", in relation to a company, means any establishment described as such by the company; (15) "called-up capital" means such part of the capital, which has been called for payment; (16) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage; (17) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act; (18) "Chief Executive Officer" means an officer of a company, who has been designated as such by it; (19) "Chief Financial Officer" means a person appointed as the Chief Financial Officer of a company; (20) "company" means a company incorporated under this Act or under any previous company law; (21) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; (22) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them; 2[(23) "Company Liquidator" means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;] (24) "company secretary" or "secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act; (25) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (26) "contributory" means a person liable to contribute towards the assets of the company in the event of its being wound up. Explanation.--For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory; (27) "control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner; 3[(28) "Cost Accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;] (29) "court" means-- (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii); (ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district; (iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law; (iv) the Special Court established under section 435; (v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law; (30) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not: 4[Provided that-- (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company, shall not be treated as debenture;] (31) "deposit" includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India; (32) "depository" means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); (33) "derivative" means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (34) "director" means a director appointed to the Board of a company; (35) "dividend" includes any interim dividend; (36) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form; (37) "employees stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price; (38) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force; (39) "financial institution" includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934 (2 of 1934); (40) "financial statement" in relation to a company, includes-- (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up: 5[Provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year: Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement;] 6[Provided also that] a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; (42) "foreign company" means any company or body corporate incorporated outside India which-- (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner; (43) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that-- (i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or (ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves; (44) "Global Depository Receipt" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts; (45) "Government company" means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company; (46) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies; 7[Explanation.-- For the purposes of this clause, the expression "company" includes any body corporate;] (47) "independent director" means an independent director referred to in sub-section (6) of section 149; (48) "Indian Depository Receipt" means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts; 8* * * * * (50) "issued capital" means such capital as the company issues from time to time for subscription; (51) "key managerial personnel", in relation to a company, means-- (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; 9*** 10[(v) such other officer, not more than one level below the directors who is in whole-time employment, designated as key managerial personnel by the Board; and (vi) such other officer as may be prescribed;] (52) "listed company" means a company which has any of its securities listed on any recognised stock exchange; 11 [Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies.] (53) "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not; (54) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of managing director, by whatever name called. Explanation.--For the purposes of this clause, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management; (55) "member", in relation to a company, means-- (i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members; (ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company; (iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository; (56) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; (57) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits 12[, securities premium account and debit or credit balance of profit and loss account,] after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; (58) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (59) "officer" includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity; (vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance; (vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; (61) "Official Liquidator" means an Official Liquidator appointed under sub-section (1) of section 59; (62) "One Person Company" means a company which has only one person as a member; (63) "ordinary or special resolution" means an ordinary resolution, or as the case may be, special resolution referred to in section 114; (64) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called; (65) "postal ballot" means voting by post or through any electronic mode; (66) "prescribed" means prescribed by rules made under this Act; (67)"previous company law" means any of the laws specified below:-- (i) Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866); (ii) the Indian Companies Act, 1866 (10 of 1866); (iii) the Indian Companies Act, 1882 (6 of 1882); (iv) the Indian Companies Act, 1913 (7 of 1913); (v) the Registration of Transferred Companies Ordinance, 1942 (Ord. 54 of 1942); (vi) the Companies Act, 1956 (1 of 1956); and (vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force-- (A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (B) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968), in so far as other corporations are concerned; (viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and (ix) the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961); (68) "private company" means a company having a minimum paid-up share capital 13*** as may be prescribed, and which by its articles,-- (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member: Provided further that-- (A) persons who are in the employment of the company; and (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and (iii) prohibits any invitation to the public to subscribe for any securities of the company; (69) "promoter" means a person-- (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or in directly whether as a share holder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity; (70) "prospectus" means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate; (71)"public company" means a company which-- (a) is not a private company; 14[and] (b) has a minimum paid-up share capital 15*** as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ; (72) "public financial institution" means-- (i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India: Provided that no institution shall be so notified unless-- (A) it has been established or constituted by or under any Central or State Act 16[other than this Act or the previous company law]; or (B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments; (73) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (74) "register of companies" means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act; (75) "Registrar" means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act; (76) "related party", with reference to a company, means-- (i) a director or his relative; (ii) a key managerial personnel or his relative; (iii) a firm, in which a director, manager or his relative is a partner; (iv) a private company in which a director or manager 16[or his relative] is a member or director; (v) a public company in which a director or manager is a director 17[and holds] along with his relatives, more than two per cent. of its paid-up share capital; (vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; (vii) any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; 18[(viii) any body corporate which is-- (A) a holding, subsidiary or an associate company of such company; (B) a subsidiary of a holding company to which it is also a subsidiary; or (C) an investing company or the venturer of the company. Explanation.-- For the purpose of this clause, "the investing company or the venturer of a company" means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate]; (ix) such other person as may be prescribed; (77) "relative", with reference to any person, means any one who is related to another, if-- (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed; (78) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961 (43 of 1961); (79) "Schedule" means a Schedule annexed to this Act; (80) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (81) "securities" means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (82) "Securities and Exchange Board" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (83) "Serious Fraud Investigation Office" means the office referred to in section 211; (84) "share" means a share in the share capital of a company and includes stock; (85) "small company" means a company, other than a public company,-- (i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 19[ten crore rupees]; 20[and] (ii) turnover of which 21[as per profit and loss account for the immediately preceding financial year] does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 25[one hundred crore rupees]: Provided that nothing in this clause shall apply to-- (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act; (86) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company; (87) "subsidiary company" or "subsidiary", in relation to any other company (that is to say the holding company), means a company in which the holding company-- (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the 23[total voting power] either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed. Explanation.--For the purposes of this clause,-- (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company's Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression company includes any body corporate; (d) "layer" in relation to a holding company means its subsidiary or subsidiaries; (88) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; (89) "total voting power", in relation to any matter, means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof or their proxies having a right to vote on that matter are present at the meeting and cast their votes; (90) "Tribunal" means the National Company Law Tribunal constituted under section 408; 24[(91) turnover means gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;] (92) "unlimited company" means a company not having any limit on the liability of its members; (93) "voting right" means the right of a member of a company to vote in any meeting of the company or by means of postal ballot; (94) "whole-time director" includes a director in the whole-time employment of the company; 25[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as applicable;] (95) words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts.
1. The Explanation subs. by Act 1 of 2018, s. 2 (w.e.f. 7-5-2018).
2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause (23) (w.e.f. 15-11-2016). 3. Subs. by Act 1 of 2018, s. 2, for clause (28) (w.e.f. 9-2-2018). 4. The Proviso ins. by s. 2, ibid. (w.e.f. 9-2-2018). 5. The proviso subs. by Act 22 of 2019, s. 2 (w.e.f. 2-11-2018). 6. Subs. by s. 2, ibid., for Provided further that (w.e.f. 2-11-2018). 7. The Explanation ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 8. Clause (49) omitted by s. 2, ibid. (w.e.f. 9-2-2018). 9. The word and omitted by s. 2, ibid. (w.e.f. 9-2-2018). 10. Subs. by s. 2, ibid., for sub-clause (v) (w.e.f. 9-2-2018). 11. The Proviso ins. by Act 29 of 2020, s. 2 (w.e.f. 22-1-2021). 12. Subs. by Act 1 of 2018, s. 2, for and securities premium account (w.e.f. 9-2-2018). 13. The words of one lakh rupees or such higher paid-up share capital omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 14. Ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 15. The words of five lakh rupees or such higher paid-up capital, omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 16. Ins. by S.O. 1894 (E), dated 24th July, 2014. 17. Subs. by S.O. 1820 (E), dated 9th July, 2014 for or holds . 18. Subs. by Act 1 of 2018, s. 2, for sub-clause (viii) (w.e.f. 9-2-2018). 19. Subs. by Act 1 of 2018, s. 2, for five crore rupees (w.e.f. 9-2-2018). 20. Subs. by notification No. S.O. 504(E), dated 13th February, 2015, for word or (w.e.f. 13-2-2015). 21. Subs. by Act 1 of 2018, s. 2, for as per its last profit and loss account (w.e.f. 9-2-2018). 22. Subs. by s. 2, ibid., for twenty crore rupees (w.e.f. 9-2-2018). 23. Subs. by s. 2, ibid., for total share capital (w.e.f. 7-5-2018). 24. Subs. by Act 1 of 2018, s. 2, for clause (91) (w.e.f. 9-2-2018). 25. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to give effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the manner of filling casual vacancies among the members of the Commission and the terms and conditions of service of the Chairman, the Chief Executive Officer, the Financial Adviser and other members of the Commission including the salary and allowances to be paid to them and the travelling and daily allowances to be drawn by them when they are on tour;] 2[(aa) the powers to be exercised and functions to be discharged by the Chief Executive Officer under sub-section (1) of section 5; (ab) the financial matters in respect of which the Financial Adviser shall be in charge under section 5A; (ac) the transaction of business at the meetings of the Board under sub-section (2) of section 10;]; (b) 3***the procedure to be followed in removing a member who is or becomes subject to any disqualification; (c) the term of office and other conditions of service of, the procedure to be followed in the discharge of functions by, and the manner of filling casual vacancies among members of the Board; 4* * * * * 5[(dd) the constitution of the Standing Finance Committees under sub-section (1) of section 19 A; (ddd) the procedure to be followed by the Tribunal in deciding questions referred to it under sub-section (2) of section 19B;] (e) the date by which, and the form in which, the budget shall be prepared and submitted in each year under sub-section (1) of section 20; (f) the procedure to be followed for placing the Commission in possession of funds; (g) the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans; (h) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Commission; (i) the form and manner in which the accounts of the Commission shall be maintained under sub-section (1) of section 23; (j) the form and manner in which the returns, reports or statements shall be submitted under section 23; and (k) any other matter which has to be, or may be, prescribed. 6* * * * *
1. Subs. by Act 12 of 1987, s. 14, for clause (a) (w.e.f. 24-7-1987).
2. Ins. by Act 10 of 2006, s. 13 (w.e.f. 15-5-2006). 3. The words "the disqualifications for membership of the Commission and" omitted by Act 12 of 1987, s. 14 (w.e.f. 24-7-1987). 4. Omitted by s. 14, ibid. (w.e.f. 24-7-1987). 5. Ins. by Act 32 of 1961, s. 13 (w.e.f. 28-8-1961). 6. Omitted by Act 12 of 1987, s. 14 (w.e.f. 24-7-1987). (1) This Act may be called The Khadi and Village Industries Commission
Act, 1956.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu
and Kashmir and the Union territory of Ladakh.
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) This Act may be called the 1[Van (Sanrakshan
Evam Samvardhan) Adhiniyam], 1980.
(2) It extends to the whole of India 2***. (3) It shall be deemed to have come into force on the 25th day of October, 1980.
1. Subs. by s. 3, ibid., for "Forest (Conservation) Act" (w.e.f. 1-12-2023).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Chapter, the Central Government may, by order, in respect of
such class of companies engaged in the production of such goods or providing such services as may be
prescribed, direct that particulars relating to the utilisation of material or labour or to other items of cost
as may be prescribed shall also be included in the books of account kept by that class of companies:
Provided that the Central Government shall, before issuing such order in respect of any class of companies regulated under a special Act, consult the regulatory body constituted or established under such special Act. (2) If the Central Government is of the opinion, that it is necessary to do so, it may, by order, direct that the audit of cost records of class of companies, which are covered under sub-section (1) and which have a net worth of such amount as may be prescribed or a turnover of such amount as may be prescribed, shall be conducted in the manner specified in the order. (3) The audit under sub-section (2) shall be conducted by a 1[cost accountant] who shall be appointed by the Board on such remuneration as may be determined by the members in such manner as may be prescribed: Provided that no person appointed under section 139 as an auditor of the company shall be appointed for conducting the audit of cost records: Provided further that the auditor conducting the cost audit shall comply with the cost auditing standards. Explanation.-- For the purposes of this sub-section, the expression cost auditing standards mean such standards as are issued by the 2[Institute of Cost Accountants of India], constituted under the Cost and Works Accountants Act, 1959 (23 of 1959), with the approval of the Central Government. (4) An audit conducted under this section shall be in addition to the audit conducted under section 143. (5) The qualifications, disqualifications, rights, duties and obligations applicable to auditors under this Chapter shall, so far as may be applicable, apply to a cost auditor appointed under this section and it shall be the duty of the company to give all assistance and facilities to the cost auditor appointed under this section for auditing the cost records of the company: Provided that the report on the audit of cost records shall be submitted by the 3[cost accountant] to the Board of Directors of the company (6) A company shall within thirty days from the date of receipt of a copy of the cost audit report prepared in pursuance of a direction under sub-section (2) furnish the Central Government with such report along with full information and explanation on every reservation or qualification contained therein. (7) If, after considering the cost audit report referred to under this section and the information and explanation furnished by the company under sub-section (6), the Central Government is of the opinion that any further information or explanation is necessary, it may call for such further information and explanation and the company shall furnish the same within such time as may be specified by that Government. (8) If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147.
1. Subs. by Act 1 of 2018, s. 45, for Cost Accountant in practice(w.e.f. 9-2-2018).
2. Subs. by s. 45, ibid., for Institute of Cost and Works Accountants of India (w.e.f. 9-2-2018). 3. Subs. by s. 45, ibid., for cost accountant in practice(w.e.f. 9-2-2018). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) With effect form 1st April, 2019 there shall be paid to every person, who has served as a member of the Rajasthan Legislative Assembly for any period upto five years. Whether continuous or not, a pension of rupees thirty five thousand per mensem and an additional pension of rupees one thousand six hundred per mensem for every year or part thereof, whether continuous or not, beyond the aforesaid period of five years :
Provided that no such pension shall be paid to any person for the period during which such person was or is in receipt of any salary as Member of Parliament or any State Legislature or from any State Government or the Central Government, or any Corporation owned or controlled by the Central Government or any State Government or any local authority and if any such salary was or is received the payment of pension shall be suspended for that period : Provided further that the salary or remuneration payable to such person for being such member or for holding such office or being so employed, is in any case less than the pension payable to him under this section, such person shall be entitled only to receive the balance as pension under this section : Provided also that pension payable to a person under this section shall be increased by twenty percent if he has attained the age of Seventy years and shall be increased by thirty percent if he has attained the age of eighty years. Explanation I.- In computing the number of years for the purposes of determining pension under this section, the period during which a person has served as a Minister or as an officer as defined in this Act, or both, by virtue of his membership of the Rajasthan Legislative Assembly shall be taken into account. Explanation II.- If the Legislative Assembly is dissolved before the expiration of the period of 5 years, for the purpose of computing the period as Member of the Legislative Assembly the period commencing with the date of the constitution of the Legislative Assembly after the General Election and ending with the date of dissolution, shall be deemed to be five years. Explanation III.- For the purpose of this section, salary includes salary received under this Act and salary received as : (i) the President or Vice-President or Governor of any State or the Administrator of any Union Territory; or (ii) a Member of the Parliament or any State Legislature; or (iii) a Minister or Deputy-Minister of the Government of India or any State; or (iv) the Chairman or Deputy-Chairman of the Council of States, or the Legislative Council of any State; or (v) the Speaker or Deputy Speaker of the House of the People, or of the Legislative Assembly of any State. Explanation IV.- In computing the amount of pension payable to any person under this section, the amount of pension received by him under the Rajasthan Freedom Fighters Aid Rules, 1959 or under any other rules made on the same subject shall not be taken into account. Explanation V.- In computing the number of years for the purpose of determining pension under this section with respect to a person who is elected to the Legislative Assembly in a bye-election, the period commencing with the date on which such person takes oath of his membership and ending with the date of dissolution of the Assembly shall be deemed to be five years. (2) With effect from 1st April, 2018, every person entitled to pension under sub-section (1), subject to rules, if any, made in this behalf by the State Government,- (a) shall be entitled to reimbursement of any expenditure on account of medical treatment of himself and his dependent children equivalent to that permissible to the retired officers of class I services of the state Government; and (b) shall also be entitled to two free non-transferable passes which would entitle him and any other person accompanying him to travel at any time by the Rajasthan State Road Transport Corporation Service on whichever routes it operates, in such class of accommodation and subject to such conditions as may be prescribed. Provided that where such person is also entitled to any of the aforesaid facilities for the time being as the President, Vice-President, or Governor of any State or the Administrator of any Union Territory or as Member of Parliament or of any other State Legislature or the National Capital Territory of Delhi or from the Central Government or any State Government, or any Corporation owned or controlled by the Central Government or any State Government, or any local authority, under any law or otherwise, he shall not be entitled to that facility to that extent. (3) Where a person has served as a Member of Parliament, whether in the House of the People after being chosen by direct election from any territorial constituency in the State of Rajasthan or in the Council of States as a representative of the State, he shall be entitled to one free non-transferable pass which would entitle him to travel at any time by the Rajasthan State Road Transport Corporation service on whichever route it operates, in such class of accommodation and subject to such conditions as are prescribed under sub-section (2).
section 4-A was inserted by Raj Act No. 11 of 1965 vide Notification F.7(15)-L/65 dated 30.04.1965
(1) The State Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules shall— (a) prescribe the conditions and restrictions subject to which daily allowance may be drawn; (b) prescribe the conditions under which the rates at which and the journeys for which travelling allowances may be claimed; (c) specify the classes of journeys which shall be deemed to have been undertaken by an officer of the Legislative Assembly in the discharge of his duties; (d) prescribe the conditions under which and the rate at which hospital and free medical attendance and treatment to be afforded to any officer in the discharge of his official duties; (e) prescribe the medical, housing facilities mentioned in section 9; (f) specify the circumstances in which and the extent to which the salary of a member may be deducted; (ff) prescribe the rules for drawing pension and the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act; and (g) lay down such other matters as may be or are required to be prescribed by this Act. (3) Any rule under this Act may be made so as to have retrospective effect from such date, not earlier than the date of commencement of this Act, as the State Government may, by notification in the Official Gazette, appoint. | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of the 1 [Chairperson and Members] under section 8; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11; (c) any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13; (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of section 34; and (e) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by Act 43 of 2006, s.17, for "Members" (w.e.f. 23-11-2006).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
In this Act, unless context otherwise requires,--
1[(1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person; (1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation; (1B) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;] (2) "articulated vehicle" means a motor vehicle to which a semitrailer is attached; (3) "axle weight" means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; (4) "certificate of registration" means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; 2[(4A) "community service" means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;] (5) "conductor", in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; (6) "conductor's licence" means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) "contract carriage" means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum-- (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes-- (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) "dealer" includes a person who is engaged-- 3* * * * * (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; 4[(9A) "driver refresher training course" means the course referred to in sub-section (2A) of section 19;] (10) "driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; (11) "educational institution bus" means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (12) "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage; 4[(12A) "golden hour" means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;] (13) "goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) "gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) "heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; 5* * * * * (19) "learner's licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description; (20) "licensing authority" means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III; (21) "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 6[7500] kilograms; 7[(21A) "manufacturer" means a person who is engaged in the manufacture of motor vehicles;] (22) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, 8[adapted vehicle], light motor vehicle or heavy passenger motor vehicle; (25) "motorcab" means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) "motor car" means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or 8[adapted carriage]; (27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 9[twenty-five cubic centimetres]; (29) "omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver; (30) "owner" means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement; (31) "permit" means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) "prescribed" means prescribed by rules made under this Act; (33) "private service vehicle" means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes; (34) "public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage; (35) "public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; (36) "registered axle weight" means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; (37) "registering authority" means an authority empowered to register motor vehicles under Chapter IV; (38) "route" means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another; 10[(38A) "scheme" means a scheme framed under this Act;] 11[(39) "semi-trailer" means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed on, and a part of whose weight is borne by, that motor vehicle;] (40) "stage carriage" means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey; (41) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (42) "State transport undertaking" means any undertaking providing road transport service, where such undertaking is carried on by,-- (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments; 12[(iv) Zilla Parishad or any other similar local authority.] Explanation.--For the purposes of this clause, "road transport service" means a service of motor vehicles carrying passengers or goods or both by road for hire or reward; 10[(42A) "testing agency" means any entity designated as a testing agency under section 110B;] (43) "tourist vehicle" means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf; (44) "tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; (45) "traffic signs" includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles; (46) "trailer" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle; (47) "transport vehicle" means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; (48) "unladen weight" means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; (49) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 10[or moves].
1. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019).
2. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 3. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 4. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 5. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 6. Subs. by Act 54 of 1994, s. 2, for 6000 (w.e.f. 14-11-1994). 7. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 8. Subs. by Act 32 of 2019, s. 2, for "invalid carriage" (w.e.f. 1-9-2019). 9. Subs. by Act 54 of 1994, s. 2, for "thirty-five cubic centimetres" (w.e.f. 14-11-1994). 10. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 11. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 12. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121; 1[(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;] (b) the manner in which the licences and certificates may be produced to the police officer under section 130. 1[(c) providing for limits of urban city by the State Governments under sub-section (1) of section 136A; and (d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.]
1. Ins. by Act 32 of 2019, s. 48 (w.e.f. 1-9-2019)
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Authority shall prepare a budget, maintain proper
accounts and other relevant records (including the accounts and other relevant records of the Gene Fund)
and prepare an annual statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in his behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. | ||||||||||||||||
Related Section(s)(1) The Chairperson or a
Member shall hold office for a term of three years from the date of his appointment 1***:
Provided that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years. 2[(1A) The Central Government shall initiate the process for appointment of the Chairperson or Member, as the case may be, at least six months prior to the expiry of the term of office of such Chairperson or Member.] (2) The conditions of service of the Chairperson and other Members shall be such as may be prescribed. (3) A casual vacancy in the Board shall be filled in accordance with the provisions of section 3 and a person appointed shall hold office only for the remainder of the term for which the member, in whose place he was appointed, would have held that office: 3[Provided that the Central Government may, in case of a casual vacancy in the office of the Chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the Chairperson until such vacancy is filled in.] (4) Before appointing any person as the Chairperson or a Member, the Central Government shall satisfy itself that the person does not and will not, have any such financial or other interest as is likely to affect prejudicially his functions as such Member. (5) No Member of the Board shall be a beneficiary of the Trust during the period such Member holds office. (6) The Board shall meet at least once in three months at such time and place as may be determined by the Board by regulations and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed. (7) The Chairperson, if for any reason is unable to attend the meeting of the Board, any Member elected by the Members present from amongst themselves at the meeting, shall preside at the meeting. (8) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the Members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence, the person presiding shall have a second or casting vote.
1. The words "or until his successor shall have been duly appointed, whichever is longer" omitted by Act 35 of 2018, s. 2,
(w.e.f 29.12.2018)
2. Ins. by Act 35 of 2018, s. 2, (w.e.f. 29.12.2018). 3. The proviso ins. by s. 2, ibid (w.e.f. 29.12.2018). (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying 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 of the following matters, namely:-- (a) the procedure in accordance with which the persons representing registered organisation shall be elected under clause (b) of sub-section (4) of section 3; (b) the conditions of service of the Chairperson and Members under sub-section (2) of section 4; (c) the rules of procedure in the transaction of business at meetings of the Board under sub- section (6) of section 4; (d) the powers and duties of the Chief Executive Officer under sub-section (1) of section 8; (e) the form in which an application for guardianship may be made by a registered organisation under sub-section (2) of section 14; (f) the procedure in accordance with which a guardian may be removed under section 17; (g) the form in which, and the time within which, the budget of the Trust shall be forwarded to the Central Government under section 23; (h) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 24; (i) the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25; (j) any other matter which is required to be, or may be, prescribed. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) This Act may be called the National Council for
Teacher Education Act, 1993.
(2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 3[(4) Save as otherwise provided in this Act, the provisions of this Act shall apply to-- (a) institutions; (b) students and teachers of the institutions; (c) schools imparting pre-primary, primary, upper primary, secondary or senior secondary education and colleges providing senior secondary or intermediate education irrespective of the fact, by whatever names they may be called; and (d) teachers for schools and colleges referred to in clause (c).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-
2019).
2. 1st July, 1995, vide notification No. S.O. 620(E), dated 1st July, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3. Ins. by Act 18 of 2011, s. 3 (w.e.f. 1-6-2012). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council; (b) control over and application of the Central 1[Waqf] Fund; (c) the form and manner in which accounts of the Council may be maintained. (3) Every rule made by the Central Government under this Chapter 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 third 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under the rule.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[1. Short title, extent and commencement.--(1) This Act may be called 2[the Child and Adolescent
Labour (Prohibition and Regulation) Act, 1986].
(2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments.]
1. Subs. by Act 35 of 2016, s. 2, for the long title (w.e.f. 1-9-2016).
2. Subs. by s. 4, ibid., for "the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986)" (w.e.f. 1-9-2016). 3. 26th May, 1993, vide notification No. S.O. 333(E), dated 26th March, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Chapter, the Central Government may, by order, in respect of
such class of companies engaged in the production of such goods or providing such services as may be
prescribed, direct that particulars relating to the utilisation of material or labour or to other items of cost
as may be prescribed shall also be included in the books of account kept by that class of companies:
Provided that the Central Government shall, before issuing such order in respect of any class of companies regulated under a special Act, consult the regulatory body constituted or established under such special Act. (2) If the Central Government is of the opinion, that it is necessary to do so, it may, by order, direct that the audit of cost records of class of companies, which are covered under sub-section (1) and which have a net worth of such amount as may be prescribed or a turnover of such amount as may be prescribed, shall be conducted in the manner specified in the order. (3) The audit under sub-section (2) shall be conducted by a 1[cost accountant] who shall be appointed by the Board on such remuneration as may be determined by the members in such manner as may be prescribed: Provided that no person appointed under section 139 as an auditor of the company shall be appointed for conducting the audit of cost records: Provided further that the auditor conducting the cost audit shall comply with the cost auditing standards. Explanation.-- For the purposes of this sub-section, the expression cost auditing standards mean such standards as are issued by the 2[Institute of Cost Accountants of India], constituted under the Cost and Works Accountants Act, 1959 (23 of 1959), with the approval of the Central Government. (4) An audit conducted under this section shall be in addition to the audit conducted under section 143. (5) The qualifications, disqualifications, rights, duties and obligations applicable to auditors under this Chapter shall, so far as may be applicable, apply to a cost auditor appointed under this section and it shall be the duty of the company to give all assistance and facilities to the cost auditor appointed under this section for auditing the cost records of the company: Provided that the report on the audit of cost records shall be submitted by the 3[cost accountant] to the Board of Directors of the company (6) A company shall within thirty days from the date of receipt of a copy of the cost audit report prepared in pursuance of a direction under sub-section (2) furnish the Central Government with such report along with full information and explanation on every reservation or qualification contained therein. (7) If, after considering the cost audit report referred to under this section and the information and explanation furnished by the company under sub-section (6), the Central Government is of the opinion that any further information or explanation is necessary, it may call for such further information and explanation and the company shall furnish the same within such time as may be specified by that Government. (8) If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147.
1. Subs. by Act 1 of 2018, s. 45, for Cost Accountant in practice(w.e.f. 9-2-2018).
2. Subs. by s. 45, ibid., for Institute of Cost and Works Accountants of India (w.e.f. 9-2-2018). 3. Subs. by s. 45, ibid., for cost accountant in practice(w.e.f. 9-2-2018). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)(1) If in any proceeding for negligence,
default, breach of duty, misfeasance or breach of trust against an officer of a company, it appears to the
court hearing the case that he is or may be liable in respect of the negligence, default, breach of duty,
misfeasance or breach of trust, but that he has acted honestly and reasonably, and that having regard to all
the circumstances of the case, including those connected with his appointment, he ought fairly to be
excused, the court may relieve him, either wholly or partly, from his liability on such term, as it may think
fit:
Provided that in a criminal proceeding under this sub-section, the court shall have no power to grant relief from any civil liability which may attach to an officer in respect of such negligence, default, breach of duty, misfeasance or breach of trust. (2) Where any such officer has reason to apprehend that any proceeding will or might be brought against him in respect of any negligence, default, breach of duty, misfeasance or breach of trust, he may apply to the High Court for relief and the High Court on such application shall have the same power to relieve him as it would have had if it had been a court before which a proceedings against that officer for negligence, default, breach of duty, misfeasance or breach of trust had been brought under sub-section (1). (3) No court shall grant any relief to any officer under sub-section (1) or sub-section (2) unless it has, by notice served in the manner specified by it, required the Registrar and such other person, if any, as it thinks necessary, to show cause why such relief should not be granted. (1) Save as
otherwise provided elsewhere in this Act, any person may--
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed: Provided that the rights conferred by this sub-section shall be exercisable-- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government. (2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal. (3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document. (1) Any document, required to be submitted, filed, registered or recorded,
or any fact or information required or authorised to be registered under this Act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:
1[Provided that where any document, fact or information required to be submitted, filed, registered or recorded, as the case may be, under section 92 or 137 is not submited, filed, registered or recorded, as the case may be, within the period provided in those sections, without prejudice to any other legal action or liability under this Act, it may be submitted, filed, registered or recorded, as the case may be, after expiry of the period so provided in those sections, on payment of such additional fee as may be prescribed, which shall not be less than one hundred rupees per day and different amounts may be prescribed for different classes of companies:] 2[Provided further that where the document, fact or information, as the case may be, in cases other than referred to in the first proviso, is not submitted, filed, registered or recorded, as the case may be, within the period provided in the relevant section, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded as the case may be, on payment of such additional fee as may be prescribed and different fees may be prescribed for different classes of companies: 3[Provided also that where there is default on two or more occasions in submitting, filing, registering or recording of such document, fact or information, as may be prescribed, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded, as the case may be, on payment of such higher additional fee, as may be prescribed.]] 4[(2) Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the relevant section, the company and the officers of the company who are in default, shall, without prejudice to the liability for the payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.]
1. Subs. by Act 1 of 2018, s. 80, for the first proviso (w.e.f. 7-5-2018).
2. Subs. by, s. 80, ibid, for second and third proviso (w.e.f. 1-7-2022). 3. Subs. by Act 29 of 2020, s. 56, for the third proviso (w.e.f. 1-7-2022). 4. Subs. by Act 1 of 2018, s. 80, for sub-section (2) (w.e.f. 7-5-2018). (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) For the purposes of exercising such powers and discharging such
functions as are conferred on the Central Government by or under this Act or under the rules made
thereunder and for the purposes of registration of companies under this Act, the Central Government
shall, by notification, establish such number of offices at such places as it thinks fit, specifying their
jurisdiction.
(2) The Central Government may appoint such Registrars, Additional, Joint, Deputy and Assistant Registrars as it considers necessary for the registration of companies and discharge of various functions under this Act, and the powers and duties that may be exercisable by such officers shall be such as may be prescribed. (3) The terms and conditions of service, including the salaries payable to persons appointed under sub-section (2), shall be such as may be prescribed. (4) The Central Government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companies. | ||||||||||||||||
Related Section(s)(1) A Tribunal shall consist of one person only (hereinafter referred
to as the Presiding Officer) to be appointed, by notification, by the Central Government.
1[(2) Notwithstanding anything contained in sub-section (1), the Central Government may-- (a) authorise the Presiding Officer of any other Tribunal established under any other law for the time being in force to discharge the function of the Presiding Officer of a Debt Recovery Tribunal under this Act in addition to his being the Presiding Officer of that Tribunal; or (b) authorise the judicial Member holding post as such in any other Tribunal, established under any other law for the time being in force, to discharge the functions of the Presiding Officer of Debts Recovery Tribunal under this Act, in addition to his being the judicial Member of that Tribunal.]
1 Subs. by Act 44 of 2016, s. 27, for sub-section (2) (w.e.f. 1-9-2016).
(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
| ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for carrying
out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
(a) the manner in which and the conditions subject to which any donor may authorise removal, before his death, of any 1[human organ or tissue or both] of his body under sub-section (1A) of section 3; 2[(aa) the human organ or tissues or both in respect of which duty is cast on registered medical pracitioner the manner of obtaining documentation of authoirsation under clause (i) of sub-section 3; (ab) the manner of informing the Human Organ Retrieval Centre under clause (iii) of sub-section (1A) of section 3; (ac) the date from which duties mentioned in sub-section (1A) are applicable to registered medical practitioner working a unregistered hospital under sub-section (1B) of section 3; (ae) the qualification and experience of a technician under the proviso to sub-section (4) of section 3;] (b) the form and the manner in which a brain-stem death is to be certified and the conditions and requirements which are to be satisfied for that purpose under sub-section (6) of section 3; 3[(ba) the conditions for nomination of a surgeon or a physician and an anaesthetist or intensivist to be included in the Board of medical experts under the proviso to clause (iii) of sub-section (6) of section 3;] (c) the form and the manner in which any of the parents may give authority, in the case of brain-stem death of a minor, for the removal of any 4[human organ or tissue or both] under sub-section (7) of section 3; (d) the form in which authority for the removal of any 4[human organ or tissue or both] from an, unclaimed dead body may be given by the person incharge of the management or control of the hospital or prison under sub-section (1) of section 5; (e) the steps to be taken for the preservation of the 4[human organ or tissue or both] removed from the body of any person, under section 7; 3[(ea) the manner of removal of human organs or tissues or both from the body of a minor before his death for transplantation under sub-section (1B) of section 9; (eb) the composition of the Authorisation Committees under sub-section (4) of section 9;] (f) the form and the manner in which an application may be jointly made by the donor and the recipient under sub-section (5) of section 9; (g) the manner in which all possible effects, complications and hazards connected with the removal and transplantation is to be explained by the registered medical practitioner to the donor and the recipient under section 12; (h) the standards as are to be enforced by the Appropriate Authority for hospitals engaged in the removal, storage or transplantation of any 4[human organ or tissue or both] under clause (iii) of sub-section (3) of section 13; (i) the other measures as the Appropriate Authority shall undertake in performing its functions under clause (vi) of sub-section (3) of section 13; 3[(ia) the qualifications of medical experts and the terms and conditions for appointment to Advisory committee under sub-sections (2) and (3) of section 13A; (ib) the power of the Appropriate Authority in any other matter under clause (d) of section 13B; (ic) the manner of establishment of a National Human Organs and Tissues Removal and Storage Network and Regional Network and functions to be performed by them under section 13C; (id) the information in the national registry of the donors and recipients of human organs and tissues and all information under section 13D;] (j) the form and the manner in which an application for registration shall be made and the fee which shall be accompanied, under sub-section (2) of section 14; (k) the specialised services and the facilities to be provided, skilled manpower and the equipments to be possessed and the standards to be maintained by a hospital for registration, under sub-section (3) of section 14; 3[(ka) the qualifications and experience of a transplant co-ordinator under sub-section (4) of section 14; (kb) the form and the manner in which an application for registration shall be made and the fee which shall be accompanied, under sub-section (2) of section 14A; (kc) the specialised service and the facilities to be provided, skilled manpower and the equipment to be possessed and the standards to be maintained by a Tissue Bank, under sub-section (3) of section 14A;] (l) the form in which, the period for which and the conditions subject to which certificate of registration is to be granted to a 5[hospital or Tissue Bank], under sub-section (1) of section 15; (m) the manner in which and the fee on payment of which certificate of registration is to be renewed under sub-section (3) of section 15; (n) the manner in which an appeal may be preferred under section 17; (o) the manner in which a person is required to give notice to the Appropriate Authority of the alleged offence and of his intention to make a complaint to the court, under clause (b) of sub-section (1) of section 22; and (p) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by Act of 16 of 2011, s. 4 for "human organ" (w.e.f. 10-1-2014).
2. Ins. by s. 20, ibid. (w.e.f. 10-1-2014). 3. Ins. by Act 16 of 2011, s. 20 (w.e.f. 10-1-2014). 4. Subs. by s. 4, ibid., for "human organ" (w.e.f. 10-1-2014). 5. Subs. by Act 16 of 2011, s. 20, for "hospital" (w.e.f. 10-1-2014). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generally of the forgoing power, such rules may provide for all or any of the following matters, namely:-- (a) the form of application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under sub-section (2) of section 5; (b) the time within which the registration is to be effected under sub-section (5) of section 5; (c) the classification of articles for registration under sub-section (1) of section 6; (d) the particulars of design to be published and the manner of their publication under section 7; (e) the manner of making claim under sub-section (1) of section 8; (f) the manner of making applications to the Controller under sub-section (5) of section 8; (g) the additional matters required to be entered in the register of designs and the safeguards to be made in maintaining such register in computer floppies or diskettes under sub-section (1) of section 10; (h) the manner of making application and fee to be paid for extension of the period of copyright under and the fee payable thereto, sub-section (2) of section 11; (i) the manner of making application for restoration of design and the fee to be paid with it under sub-section (1) of section 12; (j) the manner of verification of statement contained in an application under sub-section (2) of section 12; (k) the additional fee to be paid for restoration of the registration of design under sub-section (1) of section 13; (l) the provisions subject to which the right of the registered proprietor shall be under sub-section (1) of section 14; (m) the number of exact representation or specimen of the design to be furnished to the Controller under clause (a) of sub-section (1) of section 15; (n) the mark, words or figures with which the article is to be marked denoting that the design is registered under clause (b) of sub-section (1) of section 15; (o) the rules to dispense with or modify as regards any class or description of articles any of the requirements of section 15 as to marking under sub-section (2) of that section; (p) the fee to be paid for and the manner of inspection under sub-section (1) of section 17; (q) the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17; (r) the fee on payment of which the Controller shall inform under section 18; (s) the form for giving notice to the controller under clause (a) of the proviso to section 21; (t) the fee to be paid in respect of the registration of designs and application therefor, and in respect of other matters relating to designs under sub-section (1) of section 24; (u) the fee to be paid for giving certified copy of any entry in the register under section 26; (v) the fee to be accompanied with the request in writing for correcting any clerical error under section 29; (w) the form in which an application for registration as proprietor shall be made and the manner in which the Controller shall cause an entry to be made in the register of the assignment, transmission or other instruments effecting the title under sub-section (1) of section 30; (x) the form in which an application for title shall be made and the manner in which the Controller shall cause notice of the interest to be entered in the register of designs with particulars of the instrument, if any, creating such interest under sub-section (2) of section 30; (y) the manner of filing an application for registration and for making application for extension of time as referred to in sub-section (3) of section 30; (z) the manner of making application to the Controller for rectification of register under sub-section (1) of section 31; (za) the manner in which the notice of rectification shall be served on the Controller under sub-section (4) of section 31; (zb) the rules regulating the proceedings before the Controller under section 32; (zc) the time which shall be granted to the applicants for being heard by the Controller under section 33; (zd) the fee to be accompanied with an appeal under sub-section (1) of section 36; (ze) any other matter which is required to be, or may be, prescribed. (3) The power to make rules under this section shall be subject to the conditions of the rules being made after previous publication. (4) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that Act. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Prasar Bharati
(Broadcasting Corporation of India) Act, 1990.
(2) It extends to the whole of India. (3) It shall come into force on such date 1 as the Central Government may, by notification, appoint.
1 15th September, 1997, vide notification No. S.O. 509(E), dated 22nd July, 1997, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
1
[(1) The
Chairman shall be Part-time Member and shall hold office for a term of three years from the date on
which he enters upon his office or until he attains the age of seventy years, whichever is earlier:
Provided that any person holding office as a Chairman immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008) shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Chairman and shall not be entitled to any compensation because of his ceasing to hold such office.] (2) 1 *** the Member (Finance) and the Member (Personnel) shall be Whole-time Members and every such Member shall hold office for a term of six years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier. 2 [(2A) The Executive Member shall be a Whole-time Member and shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier: Provided that any person holding office as an Executive Member immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008), shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Executive Member and shall not be entitled to any compensation because of his ceasing to hold such office.] (3) The term of office of Part-time Members shall be six years, but one-third of such Members shall retire on the expiration of every second year. (4) The term of office of an elected Member shall be two years or till he ceases to be an employee of the Corporation, whichever is earlier. (5) As soon as may be after the establishment of the Corporation, the President of India may, by order, make such provision as he thinks fit for curtailing the term of office of some of the Part-time Members then appointed in order that one-third of the Members holding office as such Part-time Members shall retire in every second year thereafter. (6) Where before the expiry of the term of office of a person holding the office of Chairman, or any other Member, a vacancy arises, for any reason whatsoever, such vacancy shall be deemed to be a casual vacancy and the person appointed or elected to fill such vacancy shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen. (7) The Whole-time Members shall be the employees of the Corporation and as such shall be entitled to such salaries and allowances and shall be subject to such conditions of service in respect of leave, pension (if any), provident fund and other matters as may be prescribed: Provided that the salaries and allowances and the conditions of service shall not be varied to their disadvantage after their appointment. (8) The Chairman and Part-time Members shall be entitled to such allowances as may be prescribed.
1 Subs. by Act 12 of 2008, s.2,for sub-section (1) (w.e.f .7-2-2008).
2 Ins. by s. 2, ibid. (w.e.f. 7-2-2008). (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salaries and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the Whole-time Members under sub-section (7) of section 6; (b) the allowances payable to the Chairman and Part-time Members under sub-section (8) of section 6; (c) the control, restrictions and conditions subject to which the Corporation may appoint officers and other employees under sub-section (1) of section 9; (d) the manner in which and the conditions and restrictions subject to which a Recruitment Board may be established under sub-section (1) of section 10; (e) the qualifications and other conditions of service of the members of a Recruitment Board and their period of office under sub-section (2) of section 10; 1[(f) the terms and conditions of service in the Corporation of officers and employees under sub-section (2) of section 11A; (ff) the manner and the terms and conditions subject to which matters relating to the posts borne on the strength of the cadres of the Indian Information Service, the Central Secretariat Service or any other cadre outside Akashvani or Doordarshan shall be determined under sub-section (2) of section 11B;] (g) the salary and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the President of the Broadcasting Council under sub-section (5) of section 14; (h) the allowances payable to other members of the Broadcasting Council and the members of the Regional Councils, under sub-section (6) of section 14; (i) the manner in which the Corporation may invest its moneys under section 19; (j) the form and the manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 21; (k) the form in which, and the time within which the Corporation and the Broadcasting Council shall prepare their annual report under section 31; (l) any other matter which is required to be, or may be, prescribed.
1 Subs. by Act 6 of 2012, s. 3, for clause (f) (w.e.f. 8-3-2012).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything
contained in section 73, a public company, having such net worth or turnover as may be prescribed, may
accept deposits from persons other than its members subject to compliance with the requirements
provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in
consultation with the Reserve Bank of India, prescribe:
Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. (2) A company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on such terms and conditions, including the provision of security, if any, or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:-- (a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed; (b) filing a copy of the circular along with such statement with the Registrar within thirty days before the date of issue of the circular; 1[(c) depositing, on or before the thirtieth day of April each year, such sum which shall not be less than twenty per cent. of the amount of its deposits maturing during the following financial year and kept in a scheduled bank in a separate bank account to be called deposit repayment reserve account;] 2* * * * * (e) certifying that the company has not committed any default in the repayment of deposits accepted either before or after the commencement of this Act or payment of interest on, 3[such deposits and where a default had occurred, the company made good the default and a period of five years had lapsed since the date of making good the default;] and (f) providing security, if any for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the property or assets of the company: Provided that in case where a company does not secure the deposits or secures such deposits partially, then, the deposits shall be termed as unsecured deposits and shall be so quoted in every circular, form, advertisement or in any document related to invitation or acceptance of deposits. (3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section. (4) Where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the Tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the Tribunal may deem fit. (5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used by the company for any purpose other than repayment of deposits.
1. Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).
2. Clause (d) omitted by s. 15, ibid. (w.e.f. 15-8-2018). 3. Subs. by s. 15,ibid., for "such deposits;" (w.e.f. 15-8-2018) | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Governors
(Emoluments, Allowances and Privileges) Act, 1982.
(2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
2 1st April 1987, vide notification No. G.S.R. 342(E), dated 30th March, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(i). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the term of office and other conditions of service of the members; (b) the powers and duties of the Chairman and of the members; (c) the terms and conditions subject to which the non-recurring expenditure incurred by or for the Central Government for or in connection with the purposes of any national highway shall be treated as capital provided by the Central Government to the Authority under clause (b) of sub-section (1) of section 12; (d) the value or amount required to be prescribed under sub-section (1) of section 15; 1 [(dd) the terms and conditions subject to which the functions of the Authority may be entrusted to any person under clause (h) of sub-section (2) of section 16;] (e) the form in which and the time within which the Authority shall prepare its budget under section 19 and its annual report under section 22; (f) the manner in which the Authority may invest its funds under section 20; (g) the manner in which the accounts of the Authority shall be maintained and audited and the date before which the audited copy of the accounts together with the auditor's report thereon shall be furnished to the Central Government under section 23; (h) the conditions and restrictions with respect to the exercise of the power to enter under section 30 and the matters referred to in clause (f) of that section; and (i) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 16 of 1997, s. 9 (w.e.f. 24-1-1997).
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Related Section(s)1[28A. Power of Central Government to make rules.--2[(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(1A) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure to be followed in making applications under section 20A and the fees payable in respect of such application; (b) the qualifications and experience of persons to be appointed as Chief Inspectors, Deputy Chief Inspectors and Inspectors; (c) the manner in which appeals may be preferred to the Board, the fees payable in respect of appeals and the procedure to be followed of disposing such appeals; (d) the term of office of the members and the manner in which they shall be nominated under clauses (b) and (c) of sub-section (2) of section 27A; (e) the qualifications and experience of the Technical Adviser; (f) for requiring boilers to be under the charge of persons holding certificate of proficiency or competency and for prescribing the conditions on which such certificate may be granted; (g) the manner in which and the person who shall conduct inquiry into the accident.] (2) Every rule 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 3[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 18 of 1960, s. 16.
2. Subs. by Act 49 of 2007, s. 26, for sub-section (1) (w.e.f. 27-5-2008). 3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. 1[42. Issue of shares on private placement basis.-- (1) A company may, subject to the provisions of
this section, make a private placement of securities.
(2) A private placement shall be made only to a select group of persons who have been identified by the Board (herein referred to as identified persons), whose number shall not exceed fifty or such higher number as may be prescribed excluding the qualified institutional buyers and employees of the company being offered securities under a scheme of employees stock option in terms of provisions of clause (b) of sub-section (1) of section 62, in a financial year subject to such conditions as may be prescribed. (3) A company making private placement shall issue private placement offer and application in such form and manner as may be prescribed to identified persons, whose names and addresses are recorded by the company in such manner as may be prescribed: Provided that the private placement offer and application shall not carry any right of renunciation. Explanation I.-- "private placement" means any offer or invitation to subscribe or issue of securities to a select group of persons by a company (other than by way of public offer) through private placement offer-cum-application, which satisfies the conditions specified in this section. Explanation II.-- "qualified institutional buyer" means the qualified institutional buyer as defined in the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009, as amended from time to time, made under the Securities and Exchange Board of India Act, 1992, (15 of 1992). Explanation III.-- If a company, listed or unlisted, makes an offer to allot or invites subscription, or allots, or enters into an agreement to allot, securities to more than the prescribed number of persons, whether the payment for the securities has been received or not or whether the company intends to list its securities or not on any recognised stock exchange in or outside India, the same shall be deemed to be an offer to the public and shall accordingly be governed by the provisions of Part I of this Chapter. (4) Every identified person willing to subscribe to the private placement issue shall apply in the private placement and application issued to such person alongwith subscription money paid either by cheque or demand draft or other banking channel and not by cash: Provided that a company shall not utilise monies raised through private placement unless allotment is made and the return of allotment is filed with the Registrar in accordance with sub-section (8). (5) No fresh offer or invitation under this section shall be made unless the allotments with respect to any offer or invitation made earlier have been completed or that offer or invitation has been withdrawn or abandoned by the company: Provided that, subject to the maximum number of identified persons under sub-section (2), a company may, at any time, make more than one issue of securities to such class of identified persons as may be prescribed. (6) A company making an offer or invitation under this section shall allot its securities within sixty days from the date of receipt of the application money for such securities and if the company is not able to allot the securities within that period, it shall repay the application money to the subscribers within fifteen days from the expiry of sixty days and if the company fails to repay the application money within the aforesaid period, it shall be liable to repay that money with interest at the rate of twelve per cent. per annum from the expiry of the sixtieth day: Provided that monies received on application under this section shall be kept in a separate bank account in a scheduled bank and shall not be utilised for any purpose other than-- (a) for adjustment against allotment of securities; or (b) for the repayment of monies where the company is unable to allot securities. (7) No company issuing securities under this section shall release any public advertisements or utilise any media, marketing or distribution channels or agents to inform the public at large about such an issue. (8) A company making any allotment of securities under this section, shall file with the Registrar a return of allotment within fifteen days from the date of the allotment in such manner as may be prescribed, including a complete list of all allottees, with their full names, addresses, number of securities allotted and such other relevant information as may be prescribed. (9) If a company defaults in filing the return of allotment within the period prescribed under subsection (8), the company, its promoters and directors shall be liable to a penalty for each default of one thousand rupees for each day during which such default continues but not exceeding twenty-five lakh rupees. (10) Subject to sub-section (11), if a company makes an offer or accepts monies in contravention of this section, the company, its promoters and directors shall be liable for a penalty which may extend to the amount raised through the private placement or two crore rupees, whichever is lower, and the company shall also refund all monies with interest as specified in sub-section (6) to subscribers within a period of thirty days of the order imposing the penalty. (11) Notwithstanding anything contained in sub-section (9) and sub-section (10), any private placement issue not made in compliance of the provisions of sub-section (2) shall be deemed to be a public offer and all the provisions of this Act and the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and the Securities and Exchange Board of India Act, 1992 (15 of 1992) shall be applicable.]
1. Subs. by Act 1 of 2018, s. 10 (w.e.f. 7-8-2018).
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Related Section(s)(1) This Act may be called the Payment of Bonus
Act, 1965.
(2) It extends to the whole of India 1 ***. (3) Save as otherwise provided in this Act, it shall apply to-- (a) every factory; and (b) every other establishment in which twenty or more persons are employed on any day during an accounting year: 2 [Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act with effect from such accounting year as may be specified in the notification, to any establishment or class of establishments [including an establishment being a factory within the meaning of sub-clause (ii) of clause (m) of section 2 of the Factories Act, 1948 (63 of 1948)] employing such number of persons less than twenty as may be specified in the notification; so, however, that the number of persons so specified shall in no case be less than ten.] (4) Save as otherwise provided in this Act, the provisions of this Act shall, in relation to a factory or other establishment to which this Act applies, have effect in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent accounting year: 3 [Provided that in relation to the State of Jammu and Kashmir*, the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year shall be construed as reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year:] 4 [Provided further that when the provisions of this Act have been made applicable to any establishment or class of establishments by the issue of a notification under the proviso to sub-section (3), the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year or, as the case may be, the reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year, shall, in relation to such establishment or class of establishments, be construed as a reference to the accounting year specified in such notification and every subsequent accounting year.] (5) An establishment to which this Act applies 5 *** shall continue to be governed by this Act notwithstanding that the number of person employed therein falls below twenty 6 [or, as the case may be, the number specified in the notification issued under the proviso to sub-section (3)].
1. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
2. The proviso added by Act 23 of 1976, s. 3 (w.e.f. 25-9-1975). 3. The proviso added by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 4. The proviso inserted by Act 23 of 1976, s. 3 (w.e.f. 25-9-1975). 5. The words, brackets, letter and figure "under clause (b) of sub-section (3)" omitted by s. 3, ibid. (w.e.f. 25-9-1975). 6. Certain words, brackets and figure added by s. 3, ibid. (w.e.f. 25-9-1975). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). The
salary and allowances payable to, and the other terms and conditions of service (including pension,
gratuity and other retirement benefits) of, 1[the Presiding Officer] of a Tribunal or the Chairperson of an
Appellate Tribunal] shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of 2[the Presiding Officer of a Tribunal or the Chairperson of an Appellate Tribunal shall be varied to his] disadvantage after appointment.
1 Subs. by Act 1 of 2000, s. 2, for "the Presiding Officer of a Tribunal or an Appellate Tribunal" (w.e.f. 17-1-2000).
2 Subs. by s. 6, ibid., for "the said Presiding Officers shall be varied to their" (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the salary and allowances payable to and the other conditions of service of the Chairperson and whole-time members under sub-section (3) of section 5; (b) the allowances payable to part-time members under sub-section (4) of section 5; (c) the additional functions which may be performed by the Authority under clause (p) of sub-section (2) of section 14; (d) any other matter in respect of which the Authority may exercise the powers of a civil court under clause (v) of sub-section (3) of section 14; (e) the procedure to be followed by the authorised officer under sub-section (10) of section 17; (f) the form and manner in which an appeal may be filed before the Securities Appellate Tribunal and the fee which shall accompany such appeal, under sub-section (2) of section 36; (g) the procedure to be followed by the Securities Appellate Tribunal in dealing with an appeal, under sub-section (6) of section 36; (h) the form in which annual statement of accounts shall be maintained by the Authority under sub-section (1) of section 42; (i) the time within which and the form and manner in which returns and reports are to be made by the Authority to the Central Government under sub-section (1) of section 46; (j) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. (1) The
Chairperson and every whole-time member shall hold office for a term of five years from the date on
which he enters upon his office and shall be eligible for reappointment:
Provided that no person shall hold office as a Chairperson after he has attained the age of sixty-five years: Provided further that no person shall hold office as a whole-time member after he has attained the age of sixty-two years. (2) A part-time member shall hold office as such for a term not exceeding five years from the date on which he enters upon his office. (3)The salary and allowances payable to, and other terms and conditions of service of, the members other than part-time members shall be such as may be prescribed. (4)The part-time members shall receive such allowances as may be prescribed. (5)The salary, allowances and other conditions of service of a member shall not be varied to his disadvantage after his appointment. (6) Notwithstanding anything contained in sub-section (1) or sub-section (2), a member may— (a) relinquish his office, by giving in writing to the Central Government, a notice of not less than thirty days; or (b) be removed from his office in accordance with the provisions of section 6. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The financial statements shall give a true and fair view of the state
of affairs of the company or companies, comply with the accounting standards notified under section 133
and shall be in the form or forms as may be provided for different class or classes of companies in
Schedule III:
Provided that the items contained in such financial statements shall be in accordance with the accounting standards: Provided further that nothing contained in this sub-section shall apply to any insurance or banking company or any company engaged in the generation or supply of electricity, or to any other class of company for which a form of financial statement has been specified in or under the Act governing such class of company: Provided also that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the company, merely by reason of the fact that they do not disclose-- (a) in the case of an insurance company, any matters which are not required to be disclosed by the Insurance Act, 1938 (4 of 1938), or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (b) in the case of a banking company, any matters which are not required to be disclosed by the Banking Regulation Act, 1949 (10 of 1949); (c) in the case of a company engaged in the generation or supply of electricity, any matters which are not required to be disclosed by the Electricity Act, 2003 (36 of 2003); (d) in the case of a company governed by any other law for the time being in force, any matters which are not required to be disclosed by that law. (2) At every annual general meeting of a company, the Board of Directors of the company shall lay before such meeting financial statements for the financial year. 1[(3) Where a company has one or more subsidiaries, it shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the company and of all the subsidiaries in the same form and manner as that of its own which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2): Provided that the company shall also attach along with its financial statement, a separate statement containing the salient features of the financial statement of its subsidiary or subsidiaries in such form as may be prescribed: Provided further that the Central Government may provide for the consolidation of accounts of companies in such manner as may be prescribed.] (4) The provisions of this Act applicable to the preparation, adoption and audit of the financial statements of a holding company shall, mutatis mutandis, apply to the consolidated financial statements referred to in sub-section (3). (5) Without prejudice to sub-section (1), where the financial statements of a company do not comply with the accounting standards referred to in sub-section (1), the company shall disclose in its financial statements, the deviation from the accounting standards, the reasons for such deviation and the financial effects, if any, arising out of such deviation (6) The Central Government may, on its own or on an application by a class or classes of companies, by notification, exempt any class or classes of companies from complying with any of the requirements of this section or the rules made thereunder, if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification. (7) If a company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person charged by the Board with the duty of complying with the requirements of this section and in the absence of any of the officers mentioned above, all the directors shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. Explanation.-- For the purposes of this section, except where the context otherwise requires, any reference to the financial statement shall include any notes annexed to or forming part of such financial statement, giving information required to be given and allowed to be given in the form of such notes under this Act.
1. Subs. by Act 1 of 2018, s. 33, for sub-section (3) (w.e.f. 7-5-2018).
(1) Such class or classes of companies as may be prescribed shall be required
to appoint an internal auditor, who shall either be a chartered accountant or a cost accountant, or such
other professional as may be decided by the Board to conduct internal audit of the functions and activities
of the company.
(2) The Central Government may, by rules, prescribe the manner and the intervals in which the internal audit shall be conducted and reported to the Board. (1) Every company shall prepare and keep at
its registered office books of account and other relevant books and papers and financial statement for
every financial year which give a true and fair view of the state of the affairs of the company, including
that of its branch office or offices, if any, and explain the transactions effected both at the registered office
and its branches and such books shall be kept on accrual basis and according to the double entry system
of accounting:
Provided that all or any of the books of account aforesaid and other relevant papers may be kept at such other place in India as the Board of Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place: Provided further that the company may keep such books of account or other relevant papers in electronic mode in such manner as may be prescribed. (2) Where a company has a branch office in India or outside India, it shall be deemed to have complied with the provisions of sub-section (1), if proper books of account relating to the transactions effected at the branch office are kept at that office and proper summarized returns periodically are sent by the branch office to the company at its registered office or the other place referred to in sub-section (1). (3) The books of account and other books and papers maintained by the company within India shall be open for inspection at the registered office of the company or at such other place in India by any director during business hours, and in the case of financial information, if any, maintained outside the country, copies of such financial information shall be maintained and produced for inspection by any director subject to such conditions as may be prescribed: Provided that the inspection in respect of any subsidiary of the company shall be done only by the person authorised in this behalf by a resolution of the Board of Directors. (4) Where an inspection is made under sub-section (3), the officers and other employees of the company shall give to the person making such inspection all assistance in connection with the inspection which the company may reasonably be expected to give. (5) The books of account of every company relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of all the preceding years together with the vouchers relevant to any entry in such books of account shall be kept in good order: Provided that where an investigation has been ordered in respect of the company under Chapter XIV, the Central Government may direct that the books of account may be kept for such longer period as it may deem fit. (6) If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial Officer or such other person of the company shall be punishable 1*** with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees 2***.
1. The words [with imprisonment for a term which may extend to one year or] omitted by Act 29 of 2020, s. 24 (w.e.f. 21-21-
2020).
2. The words [or with both] omitted by s. 24, ibid. (w.e.f. 21-12-2020). The Central Government may
prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of
Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949
(38 of 1949), in consultation with and after examination of the recommendations made by the National
Financial Reporting Authority:
1[Provided that until the National Financial Reporting Authority is constituted under section 132 of the Companies Act, 2013 (18 of 2013), the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by National Advisory Committee on Accounting Standards constituted under section 210A of the Companies Act, 1956 (1 of 1956).]
1. Ins. by notification No. S.O. 1227(E), dated 29th March, 2016 (w.e.f 1-4-2015).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. 1[(1) The financial statement, including
consolidated financial statement, if any, shall be approved by the Board of Directors before they are
signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or
by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the
case of One Person Company, only by one director, for submission to the auditor for his report thereon.]
(2) The auditors report shall be attached to every financial statement. (3) There shall be attached to statements laid before a company in general meeting, a report by its Board of Directors, which shall include-- 2[(a) the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed;] (b) number of meetings of the Board; (c) Directors Responsibility Statement; 3[(ca) details in respect of frauds reported by auditors under sub-section (12) of section 143 other than those which are reportable to the Central Government;] (d) a statement on declaration given by independent directors under sub-section (6) of section 149; (e) in case of a company covered under sub-section (1) of section 178, companys policy on directors appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178; (f) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made-- (i) by the auditor in his report; and (ii) by the company secretary in practice in his secretarial audit report; (g) particulars of loans, guarantees or investments under section 186; (h) particulars of contracts or arrangements with related parties referred to in sub-section (1) of section 188 in the prescribed form; (i) the state of the companys affairs; (j) the amounts, if any, which it proposes to carry to any reserves; (k) the amount, if any, which it recommends should be paid by way of dividend; (l) material changes and commitments, if any, affecting the financial position of the company which have occurred between the end of the financial year of the company to which the financial statements relate and the date of the report; (m) the conservation of energy, technology absorption, foreign exchange earnings and outgo, in such manner as may be prescribed; (n) a statement indicating development and implementation of a risk management policy for the company including identification therein of elements of risk, if any, which in the opinion of the Board may threaten the existence of the company; (o) the details about the policy developed and implemented by the company incorporate social responsibility initiatives taken during the year; (p) in case of a listed company and every other public company having such paid-up share capital as may be prescribed, a statement indicating the manner in which formal 4 annual evaluation of the performance of the Board, its Committees and of individual directors has been made; (q) such other matters as may be prescribed: 5[Provided that where disclosures referred to in this sub-section have been included in the financial statements, such disclosures shall be referred to instead of being repeated in the Board's report: Provided further that where the policy referred to in clause (e) or clause (o) is made available on company's website, if any, it shall be sufficient compliance of the requirements under such clauses if the salient features of the policy and any change therein are specified in brief in the Board's report and the web-address is indicated therein at which the complete policy is available.] 6[(3A) The Central Government may prescribe an abridged Board's report, for the purpose of compliance with this section by One Person Company or small company.] (4) The report of the Board of Directors to be attached to the financial statement under this section shall, in case of a One Person Company, mean a report containing explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made by the auditor in his report. (5) The Directors Responsibility Statement referred to in clause (c) of sub-section (3) shall state that-- (a) in the preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures; (b) the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period; (c) the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this Act for safeguarding the assets of the company and for preventing and detecting fraud another irregularities; (d) the directors had prepared the annual accounts on a going concern basis; and (e) the directors, in the case of a listed company, had laid down internal financial controls to be followed by the company and that such internal financial controls are adequate and were operating effectively. Explanation.-- For the purposes of this clause, the term internal financial controls means the policies and procedures adopted by the company for ensuring the orderly and efficient conduct of its business, including adherence to companys policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation of reliable financial information; (f) the directors had devised proper systems to ensure compliance with the provisions of all applicable laws and that such systems were adequate and operating effectively. (6) The Boards report and any annexures thereto under sub-section (3) shall be signed by its chairperson of the company if he is authorised by the Board and where he is not so authorised, shall be signed by at least two directors, one of whom shall be a managing director, or by the director where there is one director. (7) A signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published along with a copy each of-- (a) any notes annexed to or forming part of such financial statement; (b) the auditors report; and (c) the Boards report referred to in sub-section (3). 7 [(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 1 of 2018, s. 36 (w.e.f. 31-7-2018).
2. Subs by Act 1 of 2018, s. 36, for clause (a) (w.e.f. 31-7-2018). 3. Ins. by Act 21 of 2015, s. 12 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 36 for "annual evaluation has been made by the Board of its own performance and that of its committees and individual directors" (w.e.f. 31-7-2018). 5. The provisos ins. by s. 36, ibid., (w.e.f. 31-7-2018). 6. Sub-section (3A) ins. by s. 36, ibid., (w.e.f. 31-7-2018). 7. Subs. by Act 29 of 2020, s. 26, for sub-section (8) (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government shall determine the nature and
categories of the officers and other employees required to assist the Claims Tribunal in the discharge of
its functions and provide the Claims Tribunal with such officers and other employees as it may think fit.
(2) The officers and other employees of the Claims Tribunal shall discharge their functions under the general superintendence of the Chairman. (3) The salaries and allowances and conditions of service of the officers and other employees of the Claims Tribunal shall be such as may be prescribed. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
simultaneously with the constitution of the Central Board, make rules in respect of the matters specified
in sub-section (2):
Provided that when the Central Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting the Board. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the members (other than the chairman and member-secretary) of the Central Board under sub-section (8) of section 5; 1[(aa) the manner of nomination of the chairman of the State Board and the terms and conditions of service of the chairman of the State Board under clause (a) of sub-section (2) of section 4 and under sub-section (9) of section 5;] (b) the intervals and the time and place at which meetings of the Central Board or of any committee thereof constituted under this Act, shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business under section 8, and under sub-section (2) of section 9; (c) the fees and allowances to be paid to such members of a committee of the Central Board as are not members of the Board under sub-section (3) of section 9; 2[(d) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 10 and the fees and allowances payable to such persons;] (e) the terms and conditions of service of the chairman and the member-secretary of the Central Board under sub-section (9) of section 5 and under sub-section (1) of section 12; (f) conditions subject to which a person may be appointed as a consulting engineer to the Central Board under sub-section (4) of section 12; (g) the powers and duties to be exercised and performed by the chairman and the member-secretary of the Central Board; 3* * * * * (j) the form of the report of the Central Board analyst under sub-section (1) of section 22; (k) the form of the report of the Government analyst under sub-section (3) of section 22; 4 [(l) the form in which and the time within which the budget of the Central Board may be prepared and forwarded to the Central Government under section 38; (ll) the form in which the annual report of the Central Board may be prepared under section 39;] (m) the form in which the accounts of the Central Board may be maintained under section 40; 5 [(ma) the manner of holding inquiry and imposing penalties by the adjudicating officer under section 45B;] 6[(mm) the manner in which notice of intention to make a complaint shall be given to the Central Board or officer authorised by it under section 49;] (n) any other matter relating to the Central Board, including the powers and functions of that Board in relation to Union territories; (o) any other matter which has to be, or may be, prescribed. (3) Every rule made by the Central Government 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, 7 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 5 of 2024, s. 14, (w.e.f. 15-2-2024).
2. Subs. by Act 44 of 1978, s. 20, for clause (d) (w.e.f. 12-12-1978). 3. Clauses (h) and (i) omitted by s. 20, ibid. (w.e.f. 12-12-1978). 4. Subs. by Act 53 of 1988, s. 27, for clause (l) (w.e.f. 29-9-1988). 5. Ins. by Act 5 of 2024, s. 14, (w.e.f. 15-2-2024). 6. Ins. by s. 27, ibid. (w.e.f. 29-9-1988). 7 Subs. by Act 44 of 1978, s. 20, for certain words (w.e.f. 12-12-1978). | ||||||||||||||||
Related Section(s)The Central Government may, by notification, direct that any of its
powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation
to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised
or discharged also by a Commissioner.
Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers; (b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers; (c) for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and (d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with. | ||||||||||||||||
Related Section(s)(1) Every employer of a workplace shall, by
an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:
Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices. (2) The Internal Committees shall consist of the following members to be nominated by the employer, namely:— (a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section(1): Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation; (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment: Provided that at least one-half of the total Members so nominated shall be women. (3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer. (4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed. (5) Where the Presiding Officer or any Member of the Internal Committee,— (a) contravenes the provisions of section 16; or (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or (c) he has been found quilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or (d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Building
and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
(2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 1st day of March, 1996. (4) It applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work. Explanation.--For the purposes of this sub-section, the building workers employed in different relays in a day either by the employer or the contractor shall be taken into account in computing the number of building workers employed in the establishment. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)The Chairperson of the Tribunal shall
exercise such financial and administrative powers as may be vested in him under the rules made by the
Central Government:
Provided that the Chairperson may delegate such of his financial and administrative powers, as he may think fit, to any Judicial Member or Expert Member or officer of the Tribunal subject to the condition that the Member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the Chairperson. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (1) The Central Government shall determine the nature and categories of the
officers and other employees required to assist the Tribunal in the discharge of its functions.
(2) The recruitment of the officers and other employees of the Tribunal shall be made by the Chairperson in such manner as may be prescribed. (3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairperson. (4) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed. | ||||||||||||||||
Related Section(s)All fees, charges and other sums received by
any Registrar, Additional, Joint, Deputy or Assistant Registrar or any other officer of the Central
Government in pursuance of any provision of this Act shall be paid into the public account of India in the
Reserve Bank of India.
(1) Save as
otherwise provided elsewhere in this Act, any person may--
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed: Provided that the rights conferred by this sub-section shall be exercisable-- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government. (2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal. (3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document. (1) Any document, required to be submitted, filed, registered or recorded,
or any fact or information required or authorised to be registered under this Act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:
1[Provided that where any document, fact or information required to be submitted, filed, registered or recorded, as the case may be, under section 92 or 137 is not submited, filed, registered or recorded, as the case may be, within the period provided in those sections, without prejudice to any other legal action or liability under this Act, it may be submitted, filed, registered or recorded, as the case may be, after expiry of the period so provided in those sections, on payment of such additional fee as may be prescribed, which shall not be less than one hundred rupees per day and different amounts may be prescribed for different classes of companies:] 2[Provided further that where the document, fact or information, as the case may be, in cases other than referred to in the first proviso, is not submitted, filed, registered or recorded, as the case may be, within the period provided in the relevant section, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded as the case may be, on payment of such additional fee as may be prescribed and different fees may be prescribed for different classes of companies: 3[Provided also that where there is default on two or more occasions in submitting, filing, registering or recording of such document, fact or information, as may be prescribed, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded, as the case may be, on payment of such higher additional fee, as may be prescribed.]] 4[(2) Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the relevant section, the company and the officers of the company who are in default, shall, without prejudice to the liability for the payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.]
1. Subs. by Act 1 of 2018, s. 80, for the first proviso (w.e.f. 7-5-2018).
2. Subs. by, s. 80, ibid, for second and third proviso (w.e.f. 1-7-2022). 3. Subs. by Act 29 of 2020, s. 56, for the third proviso (w.e.f. 1-7-2022). 4. Subs. by Act 1 of 2018, s. 80, for sub-section (2) (w.e.f. 7-5-2018). (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) For the purposes of exercising such powers and discharging such
functions as are conferred on the Central Government by or under this Act or under the rules made
thereunder and for the purposes of registration of companies under this Act, the Central Government
shall, by notification, establish such number of offices at such places as it thinks fit, specifying their
jurisdiction.
(2) The Central Government may appoint such Registrars, Additional, Joint, Deputy and Assistant Registrars as it considers necessary for the registration of companies and discharge of various functions under this Act, and the powers and duties that may be exercisable by such officers shall be such as may be prescribed. (3) The terms and conditions of service, including the salaries payable to persons appointed under sub-section (2), shall be such as may be prescribed. (4) The Central Government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companies. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The memorandum of a company shall state--
(a) the name of the company with the last word "Limited" in the case of a public limited company, or the last words "Private Limited" in the case of a private limited company: Provided that nothing in this clause shall apply to a company registered under section 8; (b) the State in which the registered office of the company is to be situated; (c) the objects for which the company is proposed to be incorporated and any matter considered necessary in furtherance thereof; (d) the liability of members of the company, whether limited or unlimited, and also state,-- (i) in the case of a company limited by shares, that liability of its members is limited to the amount unpaid, if any, on the shares held by them; and (ii) in the case of a company limited by guarantee, the amount up to which each member undertakes to contribute -- (A) to the assets of the company in the event of its being wound-up while he is a member or within one year after he ceases to be a member, for payment of the debts and liabilities of the company or of such debts and liabilities as may have been contracted before he ceases to be a member, as the case may be; and (B) to the costs, charges and expenses of winding-up and for adjustment of the rights of the contributories among themselves; (e) in the case of a company having a share capital,-- (i) the amount of share capital with which the company is to be registered and the division thereof into shares of a fixed amount and the number of shares which the subscribers to the memorandum agree to subscribe which shall not be less than one share; and (ii) the number of shares each subscriber to the memorandum intends to take, indicated opposite his name; (f) in the case of One Person Company, the name of the person who, in the event of death of the subscriber, shall become the member of the company. (2) The name stated in the memorandum shall not-- (a) be identical with or resemble too nearly to the name of an existing company registered under this Act or any previous company law; or (b) be such that its use by the company-- (i) will constitute an offence under any law for the time being in force; or (ii) is undesirable in the opinion of the Central Government. (3) Without prejudice to the provisions of sub-section (2), a company shall not be registered with a name which contains-- (a) any word or expression which is likely to give the impression that the company is in any way connected with, or having the patronage of, the Central Government, any State Government, or any local authority, corporation or body constituted by the Central Government or any State Government under any law for the time being in force; or (b) such word or expression, as may be prescribed, unless the previous approval of the Central Government has been obtained for the use of any such word or expression. (4) A person may make an application, in such form and manner and accompanied by such fee, as may be prescribed, to the Registrar for the reservation of a name set out in the application as-- (a) the name of the proposed company; or (b) the name to which the company proposes to change its name. (5) 1[(i) Upon receipt of an application under sub-section (4), the Registrar may, on the basis of information and documents furnished along with the application, reserve the name for a period of twenty days from the date of approval or such other period as may be prescribed: Provided that in case of an application for reservation of name or for change of its name by an existing company, the Registrar may reserve the name for a period of sixty days from the date of approval.] (ii) Where after reservation of name under clause (i), it is found that name was applied by furnishing wrong or incorrect information, then,-- (a) if the company has not been incorporated, the reserved name shall be cancelled and the person making application under sub-section (4) shall be liable to a penalty which may extend to one lakh rupees; (b) if the company has been incorporated, the Registrar may, after giving the company an opportunity of being heard-- (i) either direct the company to change its name within a period of three months, after passing an ordinary resolution; (ii) take action for striking off the name of the company from the register of companies; or (iii) make a petition for winding up of the company. (6) The memorandum of a company shall be in respective forms specified in Tables A, B, C, D and E in Schedule I as may be applicable to such company. (7) Any provision in the memorandum or articles, in the case of a company limited by guarantee and not having a share capital, purporting to give any person a right to participate in the divisible profits of thecompany otherwise than as a member, shall be void.
1. Subs. by Act 1 of 2018, s. 4, for clause (i) (w.e.f. 26-1-2018).
(1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) Where a company
purchases its own shares out of free reserves or securities premium account, a sum equal to the nominal
value of the shares so purchased shall be transferred to the capital redemption reserve account and details
of such transfer shall be disclosed in the balance sheet.
(2) The capital redemption reserve account may be applied by the company, in paying up unissued shares of the company to be issued to members of the company as fully paid bonus shares. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s) (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the conditions and restrictions subject to which educational equipment and other material may be donated or distributed under the proviso to clause (b) of section 5; (b) the language in which the notice and other particulars shall be indicated under sub-section (1) of section 6; (c) the particulars which are to be indicated under clause (i) of sub-section (1) of section 6; (d) the particulars which a container or label shall not bear under clause (d) of sub-section (2) of section 6; (e) the matters to be included in the information which reaches pregnant women or mothers of infants under clause (g) of sub-section (1) of section 7; (f) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
and subject to the condition of previous publication, make rules for carrying out the provisions of this
Act.
(2) In particular, and without prejudice the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner of allocation of Schedule I coal mines by way of public auction and details of fees under sub-section (1) of section 4; (b) the terms and conditions for granting reconnaissance permit, 1[prospecting licence, mining lease or prospecting licence-cum-mining lease] and the manner and conditions of competitive bidding under sub-section (2) of section 4; (c) norms to become eligible to bid in an auction and the amount of investment in respect of a company having a coal linkage under sub-section (3) of section 4; (d) the period within which the payment of additional levy by the prior allottee under sub-section (4) of section 4; (e) the allotment order to make allocations to a Government company or corporation under sub-section (1) of section 5; (f) the powers of the nominated authority under sub-section (1) of section 6; (g) the manner of auction or allotment of Schedule I coal mines and execution of the vesting or allotment orders under sub-section (4) of section 6; (h) the salaries and allowances and other terms and conditions of service of the nominated authority and other officers and staff under sub-section (6) of section 6; (i) the manner of notifying the particulars of Schedule I coal mines to be auctioned and furnishing of required information by the prior allottees under sub-section (1) of section 8; (j) the manner of conducting auction and drawing of a vesting order under sub-section (3) of section 8; (k) determination of floor price by the nominated authority under sub-section (5) of section 8; (l) the form and manner of furnishing of bank guarantee and the time within which such furnishing of bank guarantee under sub-section (6) of section 8; 2[(la) the manner of termination of vesting order or allotment order under sub-section (13) of section 8;] (m) the manner of disbursement of priority payments under section 9; (n) the manner of establishing title of movable property by the prior allottee or third party who has a contract with the prior allottee for the movable property under the first proviso to sub-section (5) of section 10; (o) the manner of receiving compensation from the sale proceeds of the movable property under the second proviso to sub-section (5) of section 10; (p) the manner in which the secured creditor paid out of the compensation in respect of any prior allottee under sub-section (2) of section 12; (q) the manner of collection of additional levy by the Central Government from the prior allottees of Schedule II coal mines under sub-section (5) of section 14; (r) the salaries and allowances and other terms and conditions of service of the Commissioner of payments and other officers and staff under sub-section (4) of section 15; (s) the manner of determination of compensation payable to prior allottee and the lodging of registered sale deeds with the nominated authority under sub-section (1) of section 16; (t) the method of determination of compensation for mine infrastructure in relation to Schedule I and its reflection in the statutorily audited balance sheet under sub-section (2) of section 16; (u) the manner of transfer of the management and operation of any Schedule II coal mines by the designated custodian under sub-section (6) of section 19; (v) the manner of exercising and discharging the rights, liabilities and obligations by the designated custodian under sub-section (7) of section 19; (w) the manner of providing agreements or arrangements for optimum utilisation of coal mine for specified end-uses under sub-section (1) of section 20; (x) the manner of usage of coal mine by a successful bidder or allottee for any of its plants under sub-section (2) of section 20; (y) any other matter which is required to be, or may be, prescribed. (3) Every rule made and every notification issued by the Central Government, 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 rule or notification, or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification.
1. Subs. by Act of 2 of 2020, s. 16, for “prospecting licence or mining lease” (w.e.f. 10-1-2020).
2. Ins. by Act 2 of 2020, s. 16 (w.e.f. 10-1-2020). (1) Subject to the provisions of
section 5, Schedule I coal mines shall be allocated by way of public auction in accordance with such
rules, and on the payment of such fees which shall not exceed five crore rupees, as may be prescribed.
(2) Subject to the provisions in sub-section (3) of this section and section 5, the Central Government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease 1[or prospecting licence-cum-mining lease in respect of coal] select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed-- (a) a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be, or any other company incorporated in India; or (b) a company or a joint venture company formed by two or more companies, 2[to carry on coal reconnaissance or prospecting or mining operations, for own consumption, sale or for any other purpose as may be determined by the Central Government, and the State Government shall grant such reconnaissance permit, prospecting licence, mining lease or prospecting licence-cum-mining lease in respect of Schedule I coal mine to such company as selected through auction by competitive bidding under this section.] 3* * * * * (4) A prior allottee shall be eligible to participate in the auction process subject to payment of the additional levy within such period as may be prescribed and if the prior allottee has not paid such levy, then, the prior allottee, its promoter or any of its company of such prior allottee shall not be eligible to bid either by itself or by way of a joint venture. (5) Any prior allottee who is convicted for an offence relating to coal block allocation and sentenced with imprisonment for more than three years, shall not be eligible to participate in the auction.
1. Subs. by Act 2 of 2020, s. 10, for “in respect of any area containing coal” (w.e.f. 10-1-2020).
2. Subs. by s. 10,ibid., for the long line (w.e.f. 10-1-2020). 3. Sub-section (3) omitted by s. 10, ibid. (w.e.f. 10-1-2020). (1) In this Act, unless the context otherwise requires,—
(a) "additional levy" means, the additional levy as determined by the Supreme Court in Writ Petition (Criminal) No. 120 of 2012 as two hundred and ninety-five rupees per metric tonne of coal extracted; (b) "allotment order" means the allotment order issued under section 5; (c) "appointed date" in relation to— (i) Schedule I coal mines excluding Schedule II coal mines, shall be the 24th day of September, 2014 being the date on which the allocation of coal blocks to prior allottees stood cancelled; and (ii) Schedule II coal mines shall be the 1st day of April, 2015 being the date on which the allocation of coal blocks to prior allottees shall stand cancelled, in pursuance of the order of the Supreme Court dated the 24th September, 2014 passed in Writ Petition (Criminal) No. 120 of 2012; (d) "bank" shall have the same meaning as assigned to it in clause (c) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (e) "coal mining operations" means any operation undertaken for the purpose of winning coal; (f) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013); (g) "corporation" shall have the same meaning as assigned to it in clause (11) of section 2 of the Companies Act, 2013 (18 of 2013); (h) "financial institution" shall have the same meaning as assigned to it in clause (m) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (i) "Government company" shall have the same meaning as assigned to it in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); (j) "mine infrastructure" includes mining infrastructure such as tangible assets used for coal mining operations, being civil works, workshops, immovable coal winning equipment, foundations, embankments, pavements, electrical systems, communication systems, relief centres, site administrative offices, fixed installations, coal handling arrangements, crushing and conveying systems, railway sidings, pits, shafts, inclines, underground transport systems, hauling systems (except movable equipment unless the same is embedded in land for permanent beneficial enjoyment thereof), land demarcated for afforestation and land for rehabilitation and resettlement of persons affected by coal mining operations under the relevant law; (k) "nominated authority" means the authority nominated by the Central Government under section 6; (l) "notification" means a notification published in the Official Gazette; (m) "prescribed" means prescribed by rules made under this Act; (n) "prior allottee" means prior allottee of Schedule I coal mines as listed therein who had been allotted coal mines between 1993 and 31st day of March, 2011, whose allotments have been cancelled pursuant to the judgment of the Supreme Court dated the 25th August, 2014 and its order dated 24th September, 2014 including those allotments which may have been de-allocated prior to and during the pendency of the Writ Petition (Criminal) No.120 of 2012. Explanation.—In case a mining lease has been executed in favour of a third party, subsequent to such allocation of Scheduled I coal mines, then, the third party shall be deemed to be the prior allottee; (o) "Schedule" means a Schedule appended to this Act; (p) "Schedule I coal mines" means,— (i) all the coal mines and coal blocks the allocation of which was cancelled by the judgment dated 25th August, 2014 and its order dated 24th September, 2014 passed in Writ Petition (Criminal) No.120 of 2012, including those allotments which may have been de-allocated prior to and during the pendency of the said Writ Petition; (ii) all the coal bearing land acquired by the prior allottee and lands, in or adjacent to the coal mines used for coal mining operations acquired by the prior allottee; (iii) any existing mine infrastructure as defined in clause (j); (q) "Schedule II coal mines" means the forty-two Schedule I coal mines listed in Schedule II which are the coal mines in relation to which the order of the Supreme Court dated 24th day of September, 2014 was made; (r) "Schedule III coal mines" means the thirty-two Schedule I coal mines listed in Schedule III or any other Schedule I coal mine as may be notified under sub-section (2) of section 7; (s) "secured creditor" shall have the same meaning as assigned to it in clause (zd) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (t) "secured debt" shall have the same meaning as assigned to it in clause (ze) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (u) "security interest" shall have the same meaning as assigned to it in clause (zf) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (v) "specified end-use" means any of the following end-uses and the expression "specified end-user" shall with its grammatical variations be construed accordingly,— (i) production of iron and steel; (ii) generation of power including the generation of power for captive use; (iii) washing of coal obtained from a mine; (iv) cement; (v) such other end-use as the Central Government may, by notification, specify; (w) "vesting order" means the vesting order issued under section 8. (2) Words and expressions used herein and not defined, but defined in the Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957), the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), and the Coal Mines (Nationalisation) Act, 1973 (26 of 1973), including any rules or regulations made thereunder, shall have the meanings, respectively assigned to them in those Acts. (1) Notwithstanding the
provisions contained in 1[sub-sections (1) and (2)] of section 4, the Central Government may allot a
Schedule I coal mine to a Government company or corporation or to a joint venture between two or more
Government companies or corporations or to a company which has been awarded a power project on the
basis of competitive bids for tariff (including Ultra Mega Power Projects) from specified Schedule I coal
mines by making an allotment order in accordance with such rules as may be prescribed and the State
Government shall grant a reconnaissance permit, prospecting licence 2[mining lease or prospecting
licence-cum-mining lease in respect of such Schedule I coal mine] to such company or corporation:
Provided that the Government company or corporation may carry on Coal Mining in any form either for its own consumption, sale or for any other purpose 3[as may be determined by the Central Government]: Provided further that no company other than a Government company or corporation shall hold more than twenty-six per cent. of the paid-up share capital in the Government company or corporation or in the joint venture between a Government company or corporation, either directly or through any of its subsidiary company or associate company: Provided also that a joint venture of any two or more Government companies or corporations shall be prohibited from alienating or transferring any interest, except the taking of loans or advances from a bank or financial institution, in the joint venture of whatsoever nature including ownership in favour of a third party. (2) No allotment under sub-section (1) shall be made to a prior allottee, if that allottee has not made the payment of the additional levy within the specified period.
1. Subs. by Act 2 of 2020, s. 11, for “sub-sections (1) and (3)” (w.e.f. 10-1-2020).
2. Subs. by s. 11, ibid., for “or mining lease in respect of any are containing coal” (w.e.f. 10-1-2020).
3. Subs. by s. 11,ibid., for “in accordance with the permit, prospecting licence or mining lease, as the case may be” (w.e.f.
10-1-2020).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) If in any proceeding for negligence,
default, breach of duty, misfeasance or breach of trust against an officer of a company, it appears to the
court hearing the case that he is or may be liable in respect of the negligence, default, breach of duty,
misfeasance or breach of trust, but that he has acted honestly and reasonably, and that having regard to all
the circumstances of the case, including those connected with his appointment, he ought fairly to be
excused, the court may relieve him, either wholly or partly, from his liability on such term, as it may think
fit:
Provided that in a criminal proceeding under this sub-section, the court shall have no power to grant relief from any civil liability which may attach to an officer in respect of such negligence, default, breach of duty, misfeasance or breach of trust. (2) Where any such officer has reason to apprehend that any proceeding will or might be brought against him in respect of any negligence, default, breach of duty, misfeasance or breach of trust, he may apply to the High Court for relief and the High Court on such application shall have the same power to relieve him as it would have had if it had been a court before which a proceedings against that officer for negligence, default, breach of duty, misfeasance or breach of trust had been brought under sub-section (1). (3) No court shall grant any relief to any officer under sub-section (1) or sub-section (2) unless it has, by notice served in the manner specified by it, required the Registrar and such other person, if any, as it thinks necessary, to show cause why such relief should not be granted. | ||||||||||||||||
Related Section(s)(1) If in any proceeding for negligence,
default, breach of duty, misfeasance or breach of trust against an officer of a company, it appears to the
court hearing the case that he is or may be liable in respect of the negligence, default, breach of duty,
misfeasance or breach of trust, but that he has acted honestly and reasonably, and that having regard to all
the circumstances of the case, including those connected with his appointment, he ought fairly to be
excused, the court may relieve him, either wholly or partly, from his liability on such term, as it may think
fit:
Provided that in a criminal proceeding under this sub-section, the court shall have no power to grant relief from any civil liability which may attach to an officer in respect of such negligence, default, breach of duty, misfeasance or breach of trust. (2) Where any such officer has reason to apprehend that any proceeding will or might be brought against him in respect of any negligence, default, breach of duty, misfeasance or breach of trust, he may apply to the High Court for relief and the High Court on such application shall have the same power to relieve him as it would have had if it had been a court before which a proceedings against that officer for negligence, default, breach of duty, misfeasance or breach of trust had been brought under sub-section (1). (3) No court shall grant any relief to any officer under sub-section (1) or sub-section (2) unless it has, by notice served in the manner specified by it, required the Registrar and such other person, if any, as it thinks necessary, to show cause why such relief should not be granted. | ||||||||||||||||
Related Section(s)(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Administrator may make rules for carrying out the purposes of
this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) recruitment to, and the pay, allowance and all other conditions of service of the members of, the Delhi police under clause (b) of section 5; (b) the manner of publication, under sub-section (2) of section 17, by the Commissioner of Police, of the names of special police officers appointed under that section; (c) awarding of any of the punishments referred to in sub-section (1) or sub-section (2) of section 21 to any police officer of subordinate rank; (d) procedure for awarding punishments under section 22; (e) form of Discharge Certificate under sub-section (8) of section 25; (f) determination of the cost of employing additional police under sub-section (2) of section 38; (g) manner of taking measurements and photographs under section 55 of a person against whom an order has been made under section 46, section 47 or section 48; (h) manner of constituting Defence Societies under sub-section (1) of section 58; (i) form of receipt to be given in respect of any article detained under section 62; (j) the authority to whose satisfaction claims are to be established under sub-section (2) of section 69 and the form and manner in which claims may be made under that sub-section, the procedure for dealing with such claims and all other matters connected therewith under sub-section(3) of that section; (k) payment to any police officer or division among two or more police officers the whole or any portion of any reward, forfeiture or penalty, under the proviso to section 132; (l) any other matter which has to be, or may be, prescribed, or provided for by rules, under this Act. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)(1) A company may close the register of members or the register of debenture-holders or the register of other
security holders for any period or periods not exceeding in the aggregate forty-five days in each year, but
not exceeding thirty days at any one time, subject to giving of previous notice of at least seven days or
such lesser period as may be specified by Securities and Exchange Board for listed companies or the
companies which intend to get their securities listed, in such manner as may be prescribed.
(2) If the register of members or of debenture-holders or of other security holders is closed without giving the notice as provided in sub-section (1), or after giving shorter notice than that so provided, or for a continuous or an aggregate period in excess of the limits specified in that sub-section, the company and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for every day subject to a maximum of one lakh rupees during which the register is kept closed. (1) Every company shall cause minutes of the
proceedings of every general meeting of any class of shareholders or creditors, and every resolution
passed by postal ballot and every meeting of its Board of Directors or of every committee of the Board, to
be prepared and signed in such manner as may be prescribed and kept within thirty days of the conclusion
of every such meeting concerned, or passing of resolution by postal ballot in books kept for that purpose
with their pages consecutively numbered.
(2) The minutes of each meeting shall contain a fair and correct summary of the proceedings thereat. (3) All appointments made at any of the meetings aforesaid shall be included in the minutes of the meeting. (4) In the case of a meeting of the Board of Directors or of a committee of the Board, the minutes shall also contain-- (a) the names of the directors present at the meeting; and (b) in the case of each resolution passed at the meeting, the names of the directors, if any, dissenting from, or not concurring with the resolution. (5) There shall not be included in the minutes, any matter which, in the opinion of the Chairman of the meeting,-- (a) is or could reasonably be regarded as defamatory of any person; or (b) is irrelevant or immaterial to the proceedings; or (c) is detrimental to the interests of the company. (6) The Chairman shall exercise absolute discretion in regard to the inclusion or non-inclusion of any matter in the minutes on the grounds specified in sub-section (5). (7) The minutes kept in accordance with the provisions of this section shall be evidence of the proceedings recorded therein. (8) Where the minutes have been kept in accordance with sub-section (1) then, until the contrary is proved, the meeting shall be deemed to have been duly called and held, and all proceedings thereat to have duly taken place, and the resolutions passed by postal ballot to have been duly passed and in particular, all appointments of directors, key managerial personnel, auditors or company secretary in practice, shall be deemed to be valid. (9) No document purporting to be a report of the proceedings of any general meeting of a company shall be circulated or advertised at the expense of the company, unless it includes the matters required by this section to be contained in the minutes of the proceedings of such meeting. (10) Every company shall observe secretarial standards with respect to general and Board meetings specified by the Institute of Company Secretaries of India constituted under section 3 of the Company Secretaries Act, 1980 (56 of 1980), and approved as such by the Central Government. (11) If any default is made in complying with the provisions of this section in respect of any meeting, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees. (12) If a person is found guilty of tampering with the minutes of the proceedings of meeting, he shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees. Where, by any provision contained in this Act or in the
articles of a company, special notice is required of any resolution, notice of the intention to move such
resolution shall be given to the company by such number of members holding not less than one per cent.
of total voting power or holding shares on which such aggregate sum not exceeding five lakh rupees, as
may be prescribed, has been paid-up and the company shall give its members notice of the resolution in
such manner as may be prescribed.
(1) Notwithstanding anything contained in this Act, a company
(a) shall, in respect of such items of business as the Central Government may, by notification, declare to be transacted only by means of postal ballot; and (b) may, in respect of any item of business, other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting, transact by means of postal ballot, in such manner as may be prescribed, instead of transacting such business at a general meeting: 1[Provided that any item of business required to be transacted by means of postal ballot under clause (a), may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section.] (2) If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf.
1. The Proviso ins. by Act 1 of 2018, s. 29 (w.e.f. 9-2-2018).
(1) The books containing the minutes of the
proceedings of any general meeting of a company or of a resolution passed by postal ballot, shall--
(a) be kept at the registered office of the company; and (b) be open, during business hours, to the inspection by any member without charge, subject to such reasonable restrictions as the company may, by its articles or in general meeting, impose, so, however, that not less than two hours in each business day are allowed for inspection. (2) Any member shall be entitled to be furnished, within seven working days after he has made a request in that behalf to the company, and on payment of such fees as may be prescribed, with a copy of any minutes referred to in sub-section (1). (3) If any inspection under sub-section (1) is refused, or if any copy required under sub-section (2) is not furnished within the time specified therein, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for each such refusal or default, as the case may be. (4) In the case of any such refusal or default, the Tribunal may, without prejudice to any action being taken under sub-section (3), by order, direct an immediate inspection of the minute-books or direct that the copy required shall forthwith be sent to the person requiring it. Without prejudice to any
other provisions of this Act, any document, record, register, minutes, etc.,--
(a) required to be kept by a company; or (b) allowed to be inspected or copies to be given to any person by a company under this Act, may be kept or inspected or copies given, as the case may be, in electronic form in such form and manner as may be prescribed. (1) Every listed public company shall prepare in the
prescribed manner a report on each annual general meeting including the confirmation to the effect that
the meeting was convened, held and conducted as per the provisions of this Act and the rules made
thereunder.
(2) The company shall file with the Registrar a copy of the report referred to in sub-section (1) within thirty days of the conclusion of the annual general meeting with such fees as may be prescribed, or with such additional fees as may be prescribed, 1***. 2[(3) If the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.]
1. The words and figures "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 31 (w.e.f. 7-5-2018).
2. Subs. by Act 22 of 2019, s. 19, for sub-section (3) (w.e.f. 2-11-2018). (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). [Return to be filed with Registrar in case promoter's stake changes.] Omitted by the Companies
Act, 2017 (1 of 2018), s. 24 (w.e.f. 13-6-2018).
(1) The registers required to be kept
and maintained by a company under section 88 and copies of the annual return filed under section 92 shall
be kept at the registered office of the company:
Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company 1***: Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed. (2) The registers and their indices, except when they are closed under the provisions of this Act, and the copies of all the returns shall be open for inspection by any member, debenture-holder, other security holder or beneficial owner, during business hours without payment of any fees and by any other person on payment of such fees as may be prescribed. (3) Any such member, debenture-holder, other security holder or beneficial owner or any other person may (a) take extracts from any register, or index or return without payment of any fee; or (b) require a copy of any such register or entries therein or return on payment of such fees as may be prescribed. 2[Provided that such particulars of the register or index or return as may be prescribed shall not be available for inspection under sub-section (2) or for taking extracts or copies under this sub-section.]. (4) If any inspection or the making of any extract or copy required under this section is refused, the company and every officer of the company who is in default shall be liable, for each such default, to a penalty of one thousand rupees for every day subject to a maximum of one lakh rupees during which the refusal or default continues. (5) The Central Government may also, by order, direct an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it.
1. The words "and the Registrar has been given a copy of the proposed special resolution in advance" omitted by s. 25, ibid.
(w.e.f. 13-6-2018).
2. The proviso ins. by s. 25, ibid. (w.e.f. 13-6-2018).
(1) Where the name of a person is
entered in the register of members of a company as the holder of shares in that company but who does not
hold the beneficial interest in such shares, such person shall make a declaration within such time and in
such form as may be prescribed to the company specifying the name and other particulars of the person
who holds the beneficial interest in such shares.
(2) Every person who holds or acquires a beneficial interest in share of a company shall make a declaration to the company specifying the nature of his interest, particulars of the person in whose name the shares stand registered in the books of the company and such other particulars as may be prescribed. (3) Where any change occurs in the beneficial interest in such shares, the person referred to in sub-section (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed. (4) The Central Government may make rules to provide for the manner of holding and disclosing beneficial interest and beneficial ownership under this section. 1[(5) If any person fails to make a declaration as required under sub-section (1) or sub-section (2) or sub-section (3), he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.] (6) Where any declaration under this section is made to a company, the company shall make a note of such declaration in the register concerned and shall file, within thirty days from the date of receipt of declaration by it, a return in the prescribed form with the Registrar in respect of such declaration with such fees or additional fees as may be prescribed, 2***. 3[(7) If a company, required to file a return under sub-section (6), fails to do so before the expiry of the time specified therein, the company and every officer of the company who is in default shall be liable to a penalty of one thousand rupees for each day during which such failure continues, subject to a maximum of five lakh rupees in the case of a company and two lakh rupees in case of an officer who is in default.] (8) No right in relation to any share in respect of which a declaration is required to be made under this section but not made by the beneficial owner, shall be enforceable by him or by any person claiming through him. (9) Nothing in this section shall be deemed to prejudice the obligation of a company to pay dividend to its members under this Act and the said obligation shall, on such payment, stand discharged. 4[(10) For the purposes of this section and section 90, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to-- (i) exercise or cause to be exercised any or all of the rights attached to such share; or (ii) receive or participate in any dividend or other distribution in respect of such share.] 5[(11) The Central Government may, by notification, exempt any class or classes of persons from complying with any of the requirements of this section, except sub-section (10), if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification.]
1. Subs. by s. 18, ibid., for sub-section (5) (w.e.f. 21-12-2020).
2. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 21 (w.e.f. 7-5-2018). 3. Subs. by Act 29 of 2020, s. 18, for sub-section (7) (w.e.f. 21-12-2020). 4. Ins. by Act 1 of 2018, s. 21, (w.e.f. 13-6-2018). 5. Ins. by Act 29 of 2020, s. 18 (w.e.f. 22-1-2021). (1) Every company shall prepare a return (hereinafter referred to as the annual
return) in the prescribed form containing the particulars as they stood on the close of the financial year
regarding--
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies; (b) its shares, debentures and other securities and shareholding pattern; 1* * * * * (d) its members and debenture-holders along with changes therein since the close of the previous financial year; (e) its promoters, directors, key managerial personnel along with changes there in since the close of the previous financial year; (f) meetings of members or a class thereof, Board and its various committees along with attendance details; (g) remuneration of directors and key managerial personnel; (h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment; (i) matters relating to certification of compliances, disclosures as may be prescribed; (j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors 2***; and (k) such other matters as may be prescribed, and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice: Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company. 3[Provided further that the Central Government may prescribe abridged form of annual return for "One Person Company, small company and such other class of classes of companies as may be prescribed".] (2) 4[The annual return, filed by a listed company or, by a company having such paid-up capital or turnover as may be prescribed shall be certified by a company secretary in practice in the prescribed form, stating that the annual return discloses the facts correctly and adequately and that the company has complied with all the provisions of this Act. (3) An extract of the annual return in such form as may be prescribed shall form part of the Board's report. (4) Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, 5***. 6[(5) If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of 7[ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 8[two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is an default].] (6) If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be 8 [liable to a penalty of two lakh rupees].
1. Clause (c) omitted by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021).
2. The words "indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them" omitted by s. 23, ibid (w.e.f. 5-3-2021). 3. Ins. by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021). 4. Subs. by S.O. 1177 (E), dated 29th April, 2014 for certain words (w.e.f. 29-4-2014). 5. The words "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 23 (w.e.f. 7-5-2018). 6. Subs. by Act 22 of 2019, s. 15, for sub-section (5) (w.e.f. 2-11-2018). 7. Subs. by Act 29 of 2020, s. 20, for "fifty thousand rupees" (w.e.f. 21-12-2020). 8. Subs. by s. 20, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 20, ibid., for "punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees" (w.e.f. 21-12-2020). (1) The President of India or the
Governor of a State, if he is a member of a company, may appoint such person as he thinks fit to act as his
representative at any meeting of the company or at any meeting of any class of members of the company.
(2) A person appointed to act under sub-section (1) shall, for the purposes of this Act, be deemed to be a member of such a company and shall be entitled to exercise the same rights and powers, including the right to vote by proxy and postal ballot, as the President or, as the case may be, the Governor could exercise as a member of the company. (1) A body
corporate, whether a company within the meaning of this Act or not, may,--
(a) if it is a member of a company within the meaning of this Act, by resolution of its Board of Directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the company, or at any meeting of any class of members of the company; (b) if it is a creditor, including a holder of debentures, of a company within the meaning of this Act, by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this Act or of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be. (2) A person authorised by resolution under sub-section (1) shall be entitled to exercise the same rights and powers, including the right to vote by proxy and by postal ballot, on behalf of the body corporate which he represents as that body could exercise if it were an individual member, creditor or holder of debentures of the company. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) Every company shall keep and maintain the following registers
in such form and in such manner as may be prescribed, namely:--
(a) register of members indicating separately for each class of equity and preference shares held by each member residing in or outside India; (b) register of debenture-holders; and (c) register of any other security holders. (2) Every register maintained under sub-section (1) shall include an index of the names included therein. (3) The register and index of beneficial owners maintained by a depository under section 11 of the Depositories Act, 1996 (22 of 1996), shall be deemed to be the corresponding register and index for the purposes of this Act. (4) A company may, if so authorised by its articles, keep in any country outside India, in such manner as may be prescribed, a part of the register referred to in sub-section (1), called "foreign register" containing the names and particulars of the members, debenture-holders, other security holders or beneficial owners residing outside India. 1[(5) If a company does not maintain a register of members or debenture-holders or other security holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2), the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 17, for sub-section (5) (w.e.f. 21-12-2020).
(1) A copy of every resolution or any agreement, in
respect of matters specified in sub-section (3) together with the explanatory statement under section 102,
if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar within thirty days of the passing or making thereof in such manner and with such fees as
may be prescribed 1***:
Provided that the copy of every resolution which has the effect of altering the articles and the copy of every agreement referred to in sub-section (3) shall be embodied in or annexed to every copy of the articles issued after passing of the resolution or making of the agreement. 2(2) If any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.] (3) The provisions of this section shall apply to-- (a) special resolutions; (b) resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed as special resolutions; (c) any resolution of the Board of Directors of a company or agreement executed by a company, relating to the appointment, re-appointment or renewal of the appointment, or variation of the terms of appointment, of a managing director; (d) resolutions or agreements which have been agreed to by any class of members but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by a specified majority or otherwise in some particular manner; and all resolutions or agreements which effectively bind such class of members though not agreed to by all those members; 3* * * * * (f) resolutions requiring a company to be wound up voluntarily passed in pursuance of 4 [section 59 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)]; (g) resolutions passed in pursuance of sub-section (3) of section 179:5*** 6[Provided that no person shall be entitled under section 399 to inspect or obtain copies of such resolutions; 7***] 8[Provided further that nothing contained in this clause shall apply in respect of a resolution passed to grant loans, or give guarantee or provide security in respect of loans under clause (f) of sub-section (3) of section 179 in the ordinary course of its business by-- (a) a banking company; (b) any class of non-banking financial company registered under Chapter IIIB of the Reserve Bank of India Act, 1934, as may be prescribed in consultation with the Reserve Bank of India; (c) any class of housing finance company registered under the National Housing Bank Act, 1987 (53 of 1987), as may be prescribed in consultation with the National Housing Bank; and] (h) any other resolution or agreement as may be prescribed and placed in the public domain.
1. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018).
2. Subs. by Act 29 of 2020, s. 22, for sub-section (2) (w.e.f. 21-12-2020). 3.Clause (e) omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 4. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for "section 304" (w.e.f. 15-11-2016). 5. The word "and" omitted by Act 21 of 2015, s. 9 (w.e.f. 29-5-2015). 6. Ins. by s. 9, ibid. (w.e.f. 29-5-2015). 7. The "and" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 8.The proviso subs. by Act 29 of 2020, s. 22 (w.e.f. 22-1-2021). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, set up or cause to be set up
from such date as it may specify in such notification, a registry to be known as the Central Registry with
its own seal for the purposes of registration of transaction of securitisation and reconstruction of financial
assets and creation of security interest under this Act.
(2) The head office of the Central Registry shall be at such place as the Central Government may specify and for the purpose of facilitating registration of transactions referred to in sub-section (1), there may be established at such other places as the Central Government may think fit, branch offices of the Central Registry. (3) The Central Government may, by notification, define the territorial limits within which an office of the Central Registry may exercise its functions. (4) The provisions of this Act pertaining to the Central Registry shall be in addition to and not in derogation of any of the provisions contained in the Registration Act, 1908 (16 of 1908), the Companies Act, 1956 (1 of 1956), the Merchant Shipping Act, 1958 (44 of 1958), the Patents Act, 1970 (39 of 1970), the Motor Vehicles Act, 1988 (49 of 1988), and the Designs Act, 2000 (16 of 2000) or any other law requiring registration of charges and shall not affect the priority of charges or validity thereof under those Acts or laws. (1) The Central Government may, by
notification and in the Electronic Gazette as defined in clause (s) of section 2 of the Information
Technology Act, 2000 (21 of 2000), make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (t) of section 2;] 2[(aa)] the form and manner in which an application may be filed under sub-section (10) of section 13; (b) the manner in which the rights of a secured creditor may be exercised by one or more of his officers under sub-section (12) of section 13; 3[(ba) the fee for making an application to the Debts Recovery Tribunal under sub-section (1) of section 17; (bb) the form of making an application to the Appellate Tribunal under sub-section (6) of section 17; (bc) the fee for preferring an appeal to the Appellate Tribunal under sub-section (1) of section 18;] 1[(bca) the manner of integration of records of various registration systems with the records of Central Registry under sub-section (1) of section 20A; (bcb) the terms and conditions of delegation of powers by the Central Government to the Reserve Bank under section 20B;] (c) the safeguards subject to which the records may be kept under sub-section (2) of section 22; (d) the manner in which the particulars of every transaction of securitisation shall be filed under section 23 and fee for filing such transaction; 1[(da) the form for registration of different types of security interests and fee thereof under sub-section (3) of section 23;] (e) the fee for inspecting the particulars of transactions kept under section 22 and entered in the Central Register under sub-section (1) of section 26; (f) the fee for inspecting the Central Register maintained in electronic form under sub-section (2) of section 26; 1[(fa) the form and the manner for filing particulars of transactions under sub-section (2) of section 26B; (fb) the form and manner of filing attachment orders with the Central Registry and the date under sub-section (4) of section 26B; (fc) the form and manner of filing particulars of attachment order with the Central Registry and the fee under sub-section (5) of section 26B;] (g) any other matter which is required to be, or may be, prescribed, in respect of which provision is to be, or may be, made by rules. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 44 of 2016, s. 25 (w.e.f. 1-9-2016).
2. Clause (a) renumbered as clause (aa) by s. 25, ibid. (w.e.f. 1-9-2016). 3. Ins. by Act 30 of 2004, s. 18 (w.e.f. 11-11-2004). | ||||||||||||||||
Related Section(s)Every individual intending to
be appointed as director of a company shall make an application for allotment of Director Identification
Number to the Central Government in such form and manner and along with such fees as may be
prescribed:
1[Provided that the Central Government may prescribe any identification number which shall be treated as Director Identification Number for the purposes of this Act and in case any individual holds or acquires such identification number, the requirement of this section shall not apply or apply in such manner as may be prescribed.]
1. The proviso ins. by Act 1 of 2018, s. 48 (w.e.f. 9-2-2018).
(1) Where no provision is made in the articles of a company for
the appointment of the first director, the subscribers to the memorandum who are individuals shall be
deemed to be the first directors of the company until the directors are duly appointed and in case of a One
Person Company an individual being member shall be deemed to be its first director until the director or
directors are duly appointed by the member in accordance with the provisions of this section.
(2) Save as otherwise expressly provided in this Act, every director shall be appointed by the company in general meeting. (3) No person shall be appointed as a director of a company unless he has been allotted the Director Identification Number under section 154 1[or any other number as may be prescribed under section 153]. (4) Every person proposed to be appointed as a director by the company in general meeting or otherwise, shall furnish his Director Identification Number 1[or such other number as may be prescribed under section 153] and a declaration that he is not disqualified to become a director under this Act. (5) A person appointed as a director shall not act as a director unless he gives his consent to hold the office as director and such consent has been filed with the Registrar within thirty days of his appointment in such manner as may be prescribed: Provided that in the case of appointment of an independent director in the general meeting, an explanatory statement for such appointment, annexed to the notice for the general meeting, shall include a statement that in the opinion of the Board, he fulfils the conditions specified in this Act for such an appointment. (6) (a) Unless the articles provide for the retirement of all directors at every annual general meeting, not less than two-thirds of the total number of directors of a public company shall-- (i) be persons whose period of office is liable to determination by retirement of directors by rotation; and (ii) save as otherwise expressly provided in this Act, be appointed by the company in general meeting. (b) The remaining directors in the case of any such company shall, in default of, and subject to any regulations in the articles of the company, also be appointed by the company in general meeting. (c) At the first annual general meeting of a public company held next after the date of the general meeting at which the first directors are appointed in accordance with clauses (a) and (b) and at every subsequent annual general meeting, one-third of such of the directors for the time being as are liable to retire by rotation, or if their number is neither three nor a multiple of three, then, the number nearest to one-third, shall retire from office. (d) The directors to retire by rotation at every annual general meeting shall be those who have been longest in office since their last appointment, but as between persons who became directors on the same day, those who are to retire shall, in default of and subject to any agreement among themselves, be determined by lot. (e) At the annual general meeting at which a director retires as aforesaid, the company may fill up the vacancy by appointing the retiring director or some other person thereto. Explanation.-- For the purposes of this sub-section, "total number of directors" shall not include independent directors, whether appointed under this Act or any other law for the time being in force, on the Board of a company. (7) (a) If the vacancy of the retiring director is not so filled-up and the meeting has not expressly resolved not to fill the vacancy, the meeting shall stand adjourned till the same day in the next week, at the same time and place, or if that day is a national holiday, till the next succeeding day which is not a holiday, at the same time and place. (b) If at the adjourned meeting also, the vacancy of the retiring director is not filled up and that meeting also has not expressly resolved not to fill the vacancy, the retiring director shall be deemed to have been re-appointed at the adjourned meeting, unless-- (i) at that meeting or at the previous meeting a resolution for the re-appointment of such director has been put to the meeting and lost; (ii) the retiring director has, by a notice in writing addressed to the company or its Board of directors, expressed his unwillingness to be so re-appointed; (iii) he is not qualified or is disqualified for appointment; (iv) a resolution, whether special or ordinary, is required for his appointment or re-appointment by virtue of any provisions of this Act; or (v) section 162 is applicable to the case. Explanation.--For the purposes of this section and section 160, the expression "retiring director" means a director retiring by rotation.
1. Ins. by Act 1 of 2018, s. 47 (w.e.f. 9-2-2018).
A listed company may have one
director elected by such small shareholders in such manner and with such terms and conditions as may be
prescribed.
Explanation.-- For the purposes of this section "small shareholders" means a shareholder holding shares of nominal value of not more than twenty thousand rupees or such other sum as may be prescribed. (1) Subject to the provisions contained in sub-section (6) of section 149, an independent
director may be selected from a data bank containing names, addresses and qualifications of persons who
are eligible and willing to act as independent directors, maintained by any body, institute or association,
as may by notified by the Central Government, having expertise in creation and maintenance of such data
bank and put on their website for the use by the company making the appointment of such directors:
Provided that responsibility of exercising due diligence before selecting a person from the data bank referred to above, as an independent director shall lie with the company making such appointment. (2) The appointment of independent director shall be approved by the company in general meeting as provided in sub-section (2) of section 152 and the explanatory statement annexed to the notice of the general meeting called to consider the said appointment shall indicate the justification for choosing the appointee for appointment as independent director. (3) The data bank referred to in sub-section (1), shall create and maintain data of persons willing to act as independent director in accordance with such rules as may be prescribed. (4) The Central Government may prescribe the manner and procedure of selection of independent directors who fulfil the qualifications and requirements specified under section 149. The Central Government shall, within one
month from the receipt of the application under section 153, allot a Director Identification Number to an
applicant in such manner as may be prescribed.
| ||||||||||||||||
Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Companies Act, 2013.
(2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and *different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) The provisions of this Act shall apply to-- (a) companies incorporated under this Act or under any previous company law; (b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949); (d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003); (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and (f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification. To be deleted
*, 1. 12th September, 2013 -- S. 2(1),(3), (4), (5), (6), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (28), (29) [except
sub-clause (iv)], (30), (32), (33), (34), (35), (36), (37), (38), (39), (40), (43), (44), (45), (46), (49), (50), (51), (52), (53), (54), (55), (56), (57), (58), (59), (60), (61),
(63), (64), (65), (66), (67) [except sub-clause (ix)], (84), (86),(87) [except the proviso and Explanation (d)], (88), (89), (90), (91), (92), (93), (94), (95); s. 19, 21, 22,
23 [except clause (b) of sub-section (1) and sub-section (2)], 24, 25 [except sub-section (3)], 29, 30, 31, 32, 33 [except sub-section (3)], 34, 35 [except clause (e) of
sub-section (1)], 36, 37, 38 39 [except sub-section (4)], 40 [except sub-section (6)], 44, 45, 49, 50, 51, 57, 58, 59, 60, 65, 69, 70 [except sub-section (2)], 86, 91, 100
[except sub-section (6)], 102, 103, 104, 105 [except the third and fourth provisos of sub-section (1) and sub-section (7)], 106, 107, 111, 112, 113 [except clause (b) of
sub-section (1)], 114, 116, 127, 133, 161 [except sub-section (2)], 162, 163, 176, 180, 181, 182, 183, 185, 192, 194,195, 202, 379, 382, 383, 386 [except clause (a)],
394, 405, 407, 408, 409, 410, 411, 412, 413, 414, 439, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 456, 457, 458, 459, 460, 461, 462, 463, 467, 468, 469,
470, vide notification No. S.O. 2754(E), dated 12th September, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st April 2014 S. 2(2), (7), (13), (31), (41), (42), (47), (48), (62), (83), (85) and Explanation (d) of clause (87); ss. 3, 4, 5, 6; s. 7 [except sub-section (7)]; s. 8 [except sub-section (9)]; ss. 9, 10, 11, 12 and 13; s. 14 [except second proviso to sub-section (1) and sub-section (2)]; ss. 15, 16, 17 and 18; section 20; clause (b) of sub-section (1) and sub-section (2) of section 23; sub-section (3) of section 25; ss. 26, 27 and 28; sub-section (3) of s. 33; clause (e) of sub-section (1) of s. 35; subsection (4) of s. 39; sub-section (6) of s. 40; ss. 41, 42 and 43; ss. 46 and 47; ss. 52, 53 and 54; s. 55 [except sub-section (3)]; s. 56; s. 61 [except proviso to clause (b) of sub-section (1)]; s. 62 [except sub-sections (4) to (6)]; ss. 63 and 64; ss. 67 and 68; sub-section (2) of section 70; s. 71 [except sub-sections (9) to (11)]; ss. 72 and 73; sub-section (1) of s. 74; ss. 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85; ss. 87, 88, 89 and 90; ss. 92, 93, 94, 95 and 96; sub-section (6) of s.100; s. 101; third and fourth provisos to sub-section (1) and sub-section (7) of s. 105; ss. 108, 109 and 110; clause (b) of sub-section (1) of s. 113; s. 115; ss. 117and 118; s. 119 [except sub-section (4)]; ss. 120, 121, 122 and 123; s. 126; ss. 128 and 129; s.134; ss. 136, 137, 138 and 139; s. 140 [except second proviso to sub-section (4) and sub-section (5)]; ss. 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 160; sub-section (2) of s. 161; ss. 164, 165, 166, 167 and 168; s. 169 [except sub-section (4)]; ss. 170, 171, 172, 173, 174 and 175; ss. 177, 178 and 179; s. 184; ss. 186, 187, 188, 189, 190 and 191; s. 193; ss. 196, 197, 198, 199, 200 and 201; ss. 203, 204, 205, 206, 207, 208, 209, 210 and 211; s. 212 [except references of sub-section (10) of s. 66, sub-section (5) of s. 140], s. 213, subsection (1) of s. 251 and sub-section (3) of s. 339 made in sub-section (6) and also sub-sections (8) to (10)]; ss. 214, 215; s. 216 [except sub-section (2)]; s. 217; ss. 219 and 220; s. 223; s. 224 [except sub-sections (2) and (5)]; s. 225; ss. 228 and 229; ss. 366, 367, 368and 369; s. 370 (except the proviso); s. 371; s. 374; ss. 380and 381; ss. 384 and 385; clause (a) of s. 386; ss. 387, 388, 389 and 390; sub-section (1) of s. 391; ss. 392 and 393; ss. 395, 396, 397 and 398; s. 399 [except reference of word Tribunal in sub-section (2)]; ss. 400, 401, 402, 403 and 404; s. 406; s. 442; ss. 454and 455; s. 464; Schs. I, II, III, IV, V and VI, vide notification No. S.O. 902(E), dated 26th March, 2014, see Gazette of India, Extraordinary, Part II, sec.3(ii). 1st April, 2014 -- S. 135 and Sch. VII, vide notification No. S.O. 582(E), dated 27th February, 2014, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 6th June, 2014 Sub-sections (2) and (3) of s. 74, vide notification No. S.O. 1459(E), dated 6th June, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13th January, 2016 -- S. 125(5), (6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and (7), vide notification No. S.O. 125(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 18th May, 2016 --S. 2(29) (iv), ss. 435 to 438 and s. 440, vide notification No. S.O. 1795(E), dated 18th May, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 2016 --S. 7(7) [except clause (c) and (d)], s. 14(2), second proviso to sub-section (1) of s. 14, s. 55 (3), proviso to clause (b) of sub-section (1) of s. 61; s. 62 (4) to (6), s. 71 (9), (10) and (11), s. 75; s. 97; s. 98 and s. 99; S. 119 (4), s. 130 and 131; second proviso to sub-section (4) and (5) of s. 140, s. 169(4), s. 213, s. 216 (2), s. 218, s. 221, s. 222, s. 224 (5), ss. 241, 242 [except clause (b) of sub-section (1), cls. (c) and (g) of sub-section (2), 243, 244 and 245; Reference of word Tribunal s. 399 (2),ss. 415 to 433, s. 434 (1) (a) and (b) & (2), s. 441and 466, vide notification No. S.O. 1934(E), dated 1st June, 2016, see Gazette of India, Extraordinary Part II, sec. 3(ii). 7th September, 2016 -S. 124, s. 125 (1) to (4), (6) [with respect to the manner of administration of the Investor Education and Protection Fund] and (8) to (11) vide Notification No. S.O. 2866(E), dated 5th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th September, 2016 -- S. 227, 242 (1) (b), (2) (c) & (g), s. 246, Ss. 337 to 341 (to the extent of their applicability for s. 246), vide notification No. S.O. 2912(E), dated 9th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 2016-S. 2 (23), s.7 (7) (c) and (d), s. 8 (9), s. 48, s. 66, s. 224 (2), s. 226, s. 230 [except sub-section (11) and (12)], and ss. 231 to 233, ss. 235 to 240, ss. 270 to 288, ss. 290 to 303, ss. 324, ss. 326 to 365, proviso to s. 370, ss. 372 to 373, ss. 375 to 378, s. 391 (2), s. 434 (1) cl. (c) vide notification No. S.O. 3677(E), dated 7th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 26th December, 2016 --Ss. 248 to 252, vide notification No. S.O. 4167(E), dated 26th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 13th April, 2017 -- S. 234, vide notification No. S.O. 1182(E), dated 13th April, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 24th August, 2017 --S. 212 (8), (9) and (10), vide notification No. S.O. 2751(E), dated 24th August, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 20th September, 2017 --Proviso to clause (87) of s. 2, vide notification No. S.O. 3086(E), dated 20th September, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 18th October, 2017 --S. 247, vide notification No. S.O. 3393(E), dated 18th October, 2017, see Gazette of India, Extraordinary Part II, sec. 3(ii). 21st March, 2018- S. 132 (3) and (11), vide notification No. S.O. 1316(E), dated 21st March, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st October, 2018 -- S 132 (1) and (12), vide notification No. S.O. 5098(E), dated 1st October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 24th October, 2018 -- S 132 (2), (4), (5), (10), (13), (14) and (15) vide notification No. S.O. 5385(E), dated 24th October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 30th January, 2019 -- S465in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) vide notification No. S.O. 560(E), dated 30th January 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st July, 2019-S. 81 vide notification No. S.O. 2269(E), dated 15th August, 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 3rd February, 2020-S. 230 (11) and (12), vide notification No. S.O. 525(E), dated 3rd February, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 21st December, 2020-S. 1, 3,6 to 10 (both inclusive), s. 12 to 17 (both inclusive), clauses (a) and (b) of s. 18, s. 19 to 21 (both inclusive), clause (i) of s. 22, 24,26, 28 to 31 (both inclusive), s. 33 to 39 (both inclusive), s. 41 to 44 (both inclusive), s. 46 to 51 (both inclusive), s. 54, 57, 61 and 63, vide notification No. S.O. 4646(E), dated 21st December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) Where a share capital of the company is divided into
different classes of shares, the rights attached to the shares of any class may be varied with the consent in
writing of the holders of not less than three-fourths of the issued shares of that class or by means of a
special resolution passed at a separate meeting of the holders of the issued shares of that class,--
(a) if provision with respect to such variation is contained in the memorandum or articles of the company; or (b) in the absence of any such provision in the memorandum or articles, if such variation is not prohibited by the terms of issue of the shares of that class: Provided that if variation by one class of shareholders affects the rights of any other class of shareholders, the consent of three-fourths of such other class of shareholders shall also be obtained and the provisions of this section shall apply to such variation. (2) Where the holders of not less than ten per cent. of the issued shares of a class did not consent to such variation or vote in favour of the special resolution for the variation, they may apply to the Tribunal to have the variation cancelled, and where any such application is made, the variation shall not have effect unless and until it is confirmed by the Tribunal: Provided that an application under this section shall be made within twenty-one days after the date on which the consent was given or the resolution was passed, as the case may be, and may be made on behalf of the shareholders entitled to make the application by such one or more of their number as they may appoint in writing for the purpose. (3) The decision of the Tribunal on any application under sub-section (2) shall be binding on the shareholders. (4) The company shall, within thirty days of the date of the order of the Tribunal, file a copy thereof with the Registrar. 1* * * * *
1. Sub-section (5) omitted by Act 29 of 2020, s. 8 (w.e.f. 21-12-2020).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. (1) Subject to the provisions of this Act, the Central Government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
| ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)@centre1@1[RULES FOR REGULATING THE GRANT OF MINERAL CONCESSIONS]@/centre1@
13. Power of Central Government to make rules in respect of minerals.--- (1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 2[mineral concession] in respect of minerals and for purposes connected therewith. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--- (a) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor; 3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B; (ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B; @centre1@4* * * * *]@/centre1@ (b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent; (c) the matters which may be considered where applications in respect of the same land are received on the same day; 5[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite; (da) the regulation of grant of 6[mineral concession] or 7[composite licence] in respect of coal or lignite; (db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations; (dc) utilisation of coal or lignite including mining for sale by a company;] (e) the authority by which 6[mineral concession] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining 8[a 6[mineral concession]] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such 9[a permit, licence or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other 6[mineral concession] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; 10[(i) the fixing and collection of fees for 6[mineral concession], surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;] (j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 11[reconnaissance, prospecting or mining operations]; 12[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;] (k) the grouping of associated minerals for the purposes of section 6; 13[(ka) terms and conditions and additional amount under sub-section (2) of section 6A;] (l) the manner in which, and the conditions subject to which, 8[a 6[mineral concession]] may be transferred; (m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease; (n) the form of registers to be maintained under this Act; @centre1@14* * * * *@/centre1@ (p) the reports and statements to be submitted by holders of 15[mineral concession] or owners of mines and the authority to which such reports and statements shall be submitted; (q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 16[the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; 17*** 16[(qq) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 18[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B; (qqb) the manner of usage of funds accrued to the 19[National Mineral Exploration and Development Trust] under sub-section (2) of section 9C; (qqc) the composition and functions of the 19[National Mineral Exploration and Development Trust] under sub-section (3) of section 9C; (qqd) the manner of payment of amount to the 19[National Mineral Exploration and Development Trust] under sub-section (4) of section 9C; (qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B; (qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B; (qqg) the time limits for various stages in processing applications for grant of 20[mineral concession under section 10B, 10BA, 11, 11A, 11B, 11D], and section 17A, and their renewals; @centre1@21* * * * *@/centre1@ (qqi) the terms and conditions for grant of 7[composite licence] under sub-section (4) of section 11; (qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11; 22[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;] @centre1@23* * * * *@/centre1@ 24[(r) the period of mining lease under sub-section (4) of section 8; (s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8; (t) the manner of sale of mineral under-sub-section (7A) of section 8A; (u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A; (v) the manner of granting mining lease to the preferred bidder under the second proviso to sub-section (4) of section 10B; 25[(va) the manner of notifying the areas for grant of exploration licence under sub-section (4) of section 10BA; (vb) the manner of granting exploration licence to the preferred bidder under the proviso to sub-section (7) of section 10BA; (vc) the manner of conducting auction for grant of exploration licence, the terms and conditions thereof, the bidding parameters for selection, the share payable to the holder, the period for payment and other conditions under sub-section (9) of section 10BA; (vd) the manner of submitting geological report under sub-section (12) of section 10BA; (ve) the amount to be paid and the manner of payment under the proviso to sub-section (14) of section 10BA;] (w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11; (x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11; 25[(xa) the terms and conditions and the manner of selecting a preferred bidder under sub-section (1) of section 11D; (xb) the manner of granting a mining lease or composite licence to a preferred bidder under subsection (2) of section 11D;] 13[(xc) conditions for inclusion of any mineral other than minor mineral in a lease granted in respect of a minor mineral under sub-section (5) of section 15B;] (y) any other matter which is to be, or may be prescribed, under this Act.]
1. Subs. by Act 16 of 2023, s. 13, for Chapter heading (w.e.f. 17-8-2023).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021). 3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020). 4. Cl. (ac) omitted by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). 5. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020). 6. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 7. Subs. by s. 2, ibid., for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 8. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999). 9. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999). 10. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987). 11. Subs. by Act 38 of 1999, s. 14, for "prospecting or mining operations" (w.e.f. 18-12-1999). 12. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 13. Ins. by Act 28 of 2025, s. 7 (w.e.f. 1-9-2025). 14. Cl. (o) omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 15. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-2021). 16. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987). 17. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015). 18. Ins. by s. 14, ibid. (w.e.f. 12-1-2015). 19. Subs. by Act 28 of 2025, s. 7, for "National Mineral Exploration Trust" (w.e.f. 1-9-2025). 20. Subs. by Act 16 of 2023, s. 14, for the words, figures and letters "mining lease or composite licence under section 10B, 11,11A, 11B" (w.e.f. 17-8-2023). 21. Cl. (qqh) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 22. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016). 23. Cl. (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021). 24. Subs. by s. 18, ibid., for cl. (r) (w.e.f. 28-3-2021). 25. Ins. by Act 16 of 2023, s. 14 (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the compensation payable for death; (b) the nature of the injuries for which compensation shall be paid and the amount of such compensation. | ||||||||||||||||
Related Section(s)(1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[8A. Power of Central Government to enter into agreements for development and
maintenance of national highways.--Notwithstanding anything contained in this Act, the
Central Government may enter into an agreement with any person in relation to the development and
maintenance of the whole or any part of a national highway.
(2) Notwithstanding anything contained in section 7, the person referred to in sub-section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the Central Government may, by notification in the Official Gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement. (3) A person referred to in sub-section (1) shall have powers to regulate and control the traffic in accordance with the provisions contained in Chapter VIII of the Motor Vehicles Act, 1988 (59 of 1988) on the national highway forming subject-matter of such agreement, for proper management thereof.]
1. Ins. by Act 26 of 1995, s. 2 (w.e.f. 16-6-1995).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)1[Short title, extent, application and commencement].--(1) This Act may be called the Right of
Children to Free and Compulsory Education Act, 2009.
(2) It shall extend to the whole of India 2***. (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint. 4[(4) Subject to the provisions of articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights on children to free and compulsory education. (5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]
1. Subs. by Act 2 of 2018, s. 3 and The Second Schedule, for "the marginal heading" (w.e.f. 5-1-2018).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 3. 1st April, 2010, vide notification No. S.O. 428(E), dated 16th February, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. Ins. by Act 30 of 2012, s. 2 (w.e.f. 1-8- 2012). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)It shall be the
responsibility of the Central Government to develop and maintain in proper repair all national
highways; but the Central Government may, by notification in the Official Gazette, direct that any
function in relation to the development or maintenance of any national highway shall, subject to such
conditions, if any, as may be specified in the notification, also be exercisable by the Government of
the State within which the national highway is situated or by any officer or authority subordinate to
the Central Government or to the State Government.
(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner in which, and the conditions subject to which, any function in relation to the development or maintenance of a national highway or any part thereof may be exercised by the State Government or any officer or authority subordinate to the Central Government or the State Government; 1[(aa) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 3H;] 2[(b) the rates at which fees for services rendered in relation to the use of ferries, permanent bridges, temporary bridges and tunnels on any national highway 3[and the use of sections of any national highway] may be levied, and the manner in which such fees shall be collected, under section 7;] (c) the periodical inspection of national highways and the submission of inspection reports to the Central Government; (d) the reports on works carried out on national highways; (e) any other matter for which provision should be made under this Act. 4[(3) Every rule made under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 16 of 1997, s. 5 (w.e.f. 21-1-1997).
2. Subs. by Act 30 of 1977, s. 3, for clause (b) (w.e.f. 12-8-1977). 3. Ins. by Act 1 of 1993, s. 3 (w.r.e.f. 23-10-1992). 4. Ins. by Act 30 of 1977, s. 3 (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the infrastructure facilities necessary for the development of the Special Economic Zones under clause (p) and services in the Special Economic Zones under clause (z) of section 2; (b) the period within which the person concerned shall obtain the concurrence of the State Government under sub-section (3) of section 3; (c) the form and the manner in which a proposal may be made and the particulars to be contained therein under sub-section (5) of section 3; (d) the period within which the State Government may forward the proposal together with its recommendation under sub-section (6) of section 3; (e) the requirements subject to which the Board may approve, modify or reject the proposal under sub-section (8) of section 3; (f) the period within which the grant of letter of approval shall be communicated to the State Government or Developer or entrepreneur under sub-section (10) of section 3; (g) the other requirements for notifying the specifically identified area in a State as a Special Economic Zone under sub-section (1) of section 4; (h) the terms, conditions and limitations subject to which the goods or services exported out of, or imported into, or procured from the Domestic Tariff Area to, a Special Economic Zone, be exempt from payment of taxes, duties, or cess under section 7; (i) the procedure for transfer of letter of approval in case of suspension of letter of approval of a Developer under clause (a) of sub-section (9) of section 10; (j) the form and the manner in which a proposal may be submitted and the particulars to be contained therein under sub-section (1) of section 15; (k) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 15; (l) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 15; (m) the procedure for disposing of an appeal under sub-section (7) of section 15; (n) the requirements (including the period for which a Unit may be set up) subject to which the proposal may be approved, modified or rejected under clause (a) of sub-section (8) of section 15; (o) the terms and conditions for the Unit subject to which it shall undertake authorised operations under clause (b) of sub-section (8) of section 15 and the obligations and entitlements of the Unit; (p) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 16; (q) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 16; (r) the procedure for disposing of an appeal under sub-section (7) of section 16; (s) the form and the manner in which an application may be made for setting up of an Offshore Banking Unit in a Special Economic Zone under sub-section (1) of section 17; (t) the requirements for setting up and operation of an International Financial Services Centre in a Special Economic Zone under sub-section (1) of section 18; (u) the requirements and terms and conditions subject to which a Unit in the International Financial Services Centre may be set up and operated in a Special Economic Zone under sub-section (2) of section 18; (v) the form of single application for obtaining any licence, permission or registration or approval under clause (a) of section 19; (w) the form of single return or information to be furnished by an entrepreneur or Developer under clause (c) of section 19; (x) the manner in which and the terms and conditions subject to which the exemptions, concessions, draw back or other benefits shall be granted to every Developer and entrepreneur under sub-section (2) of section 26; (y) the period during which any goods brought into, or services provided in, any Special Economic Zone shall remain or continue to be provided in such Unit or Special Economic Zone under section 28; (z) the terms and conditions subject to which transfer of ownership in any goods brought into, or produced or manufactured in, any Unit or Special Economic Zone, or removal thereof from such Unit or Zone, shall be allowed under section 29; (za) the conditions subject to which the Units shall be entitled to sell the goods manufactured in a Special Economic Zone to the Domestic Tariff Area under section 30; (zb) the term of office of the Members, other than ex officio Members, of every Authority and the manner of filling of vacancies under sub-section (6) of section 31; (zc) the manner in which and the conditions subject to which and the purposes for which any person may be associated under sub-section (7) of section 31; (zd) the times and the places of meetings and the procedure to be followed in the transaction of business at the meetings under sub-section (10) of section 31; (ze) the powers and the functions of every Development Commissioner under sub-section (1) of section 32; (zf) the method of appointment of officers and other employees of every Authority, conditions of their service and the scale of pay and allowances under sub-section (3) of section 32; (zg) the other functions to be performed by the Authority under clause (e) of sub-section (2) of section 34; (zh) the form in which the accounts and other relevant records of every Authority shall be maintained and annual statement of accounts shall be prepared under sub-section (1) of section 37; (zi) the form and the manner in which and the time at which every Authority shall furnish returns and statements and other particulars to the Central Government under sub-section (1) of section 39; (zj) the form in which and the date before which every Authority shall furnish to the Central Government the report of its activities, policy and programmes under sub-section (2) of section 39; (zk) the form in which and the particulars to be contained in the identity cards under section 46; (zl) any other matter which, is to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) Except as may be
otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be
valid in any other region, unless the permit has been countersigned by the Regional Transport Authority
of that other rigion, and a permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the Regional Transport Authority
concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that-- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 3* * * * * (11) The following shall be conditions of every permit granted under sub-section (9), namely:-- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. Explanation.-- In this section,-- (a) "appropriate authority", in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) "authorisation fee" means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) "national permit" means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
1. Subs. by Act 54 of 1994, s. 27, for "grant a special permit in relation to a vehicle covered" (w.e.f. 14-11-1994).
1. Subs. by Act 54 of 1994, s. 27 for "and 89" (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). (1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the time within which the objection and suggestions on the draft National Electricity Plan to be invited by the Authority under the proviso to sub-section (4) of section 3; (b) the additional requirements 1 [relating to the capital adequacy, creditworthiness or code of conduct] under sixth proviso to section 14; (c) the payment of fees for application for grant of licence under sub-section (1) of section 15; (d) the constitution and functions of the National Load Despatch Centre under sub-section (2) of section 26; (e) the works of licensees affecting the property of owner or occupier under sub-section (2) of section 67; (f) such other cases which may be prescribed under clause (c) of sub-section (2) of section 68; (g) allowances and fees payable to others Members for attending the meetings of Authority under sub-section (14) of section 70. (h) other terms and conditions of service of the Chairperson and Members of the Authority under sub-section (15) of section 70; (i) the functions and duties of the Central Electricity Authority under section 73; (j) the salary, allowances and other conditions of service of Chairperson and Member of Central Commission under sub-section (2) of section 89; (k) the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under sub-section (3) of section 89; (l) the procedure to be prescribed by the Central Government under the proviso to sub-section (2) of section 90; (m) any other matter required to be prescribed under clause (g) of sub-section (1) of section 94; (n) the form in which the Central Commission shall prepare its annual statement of accounts under sub-section (1) of section 100; (o) the form in which and time at which the Central Commission shall prepare its annual report under sub-section (1) of section 101; (p) the form in which and time at which the Central Commission shall prepare its budget under section 106; (q) the form and the manner of verifying such form, and fee for filing appeal under sub-section (2) of section 111; (r) the salary and allowances payable to and the other terms and conditions of service of the Chairperson of the Appellate Tribunal and Members of the Appellate Tribunal under section 115; (s) the salary and allowances and other conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 119; (t) the additional matters in respect of which the Appellate Tribunal may exercise the powers of a civil court under clause (i) of sub-section (2) of section 120; (u) the authority to whom the appeal shall be filed under sub-section (1) of section 127; (v) manner of holding inquiry by an adjudicating officer under sub-section (1) of section 143; (w) the form in which and the time at which service of notices to any person or to the Central Government for the purpose under sub-section (1) of section 161; (x) the powers to be exercised and the functions to be performed by the Inspectors under sub-section (1) of section 162; (y) the manner of delivery of every notice, order or document to be served under sub-section (1) of section 171; (z) any other matter which is required to be, or may be, prescribed.
1. Subs. by Act 26 of 2007, s. 19, for "(including the capital adequacy, creditworthiness or code of conduct)" (w.e.f. 15-6-2007).
(1) This Act may be called the Electricity Act, 2003.
(2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
2. 10th June, 2003 (ss. 1 to 120 and ss. 122 to 185), vide notification No. S.O. 669(E), dated 10th June, 2003, see Gazette of India, Extraordinary, Part II, sec. 3(ii). (1) The Central Government shall, from time to time,
prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and
the Authority for development of the power system based on optimal utilisation of resources such as coal,
natural gas, nuclear substances or materials, hydro and renewable sources of energy.
(2) The Central Government shall publish National Electricity Policy and tariff policy from time to time. (3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1). (4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years: Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: Provided further that the Authority shall- (a) notify the plan after obtaining the approval of the Central Government; (b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a). (5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of a reconnaissance permit, exploration licence or production lease under sub-section (1) of section 5; 1[(aa) such other authority to whom, all exploration and operational data, reports, samples and other information in respect of or collected pursuant to an operation, is to be furnished by the lessee, licensee or permittee the manner and the period within which, they are to be furnished, under clause (a) of sub-section (2) of section 5; (ab) the terms and conditions subject to which the data, reports, samples or information is to be disseminated pursuant to a sale or otherwise under clause (b) of sub-section (2) of section 5; (b) conditions for grant of operating right under clause (b) of section 6; 2[(c) the conditions and manner for regulating the grant of mineral concessions in respect of minerals specified in Part B of the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), under the first proviso to section 6; (ca) the parameters for adequately establishing existence of mineral resources under the second proviso to section 6;] 3* * * * * 1[(ja) the terms and conditions for grant of a composite licence or a production lease to a Government company or corporation under section 8; (jb) the eligibility conditions to be fulfilled, the terms and conditions for conducting competitive bidding, the manner and bidding parameters for grant of a composite licence under sub-section (1) of section 12; (jc) the conditions subject to which extension is to be granted to the licensee for completion of the exploration operations under the first proviso to sub-section (3) of section 12; (jd) terms, milestone and relinquishment requirements for commencing and carrying out exploration operation under sub-section (5) of section 12; (je) the form of application to be made to the administering authority for grant of production lease under sub-section (6) and the procedure therefor under sub-section (8) of section 12; (jf) eligibility conditions to be fulfilled, the terms and conditions for conducting competitive bidding, the manner and bidding parameters for grant of a production lease under sub-section (1) of section 13; (jg) the terms and conditions subject to which the production operations shall be commenced and carried out under sub-section (5) of section 13; (jh) the group of associated minerals to be specified under sub-section (1) of section 13A; (ji) the manner and the conditions for transfer of a composite licence or a production lease under section 13B; (jj) such other purposes for which the funds accrued to the Offshore Area Mineral Trust shall be used under sub-section (2) of section 16A; (jk) the composition and functions of the Offshore Area Mineral Trust under sub-section (3) of section 16A; (jl) the manner of administration of funds accrued to the Offshore Area Mineral Trust under subsection (4) of section 16A; (jm) the manner of payment of amounts to the Offshore Area Mineral Trust under sub-section (5) of section 16A;] (k) norms for regulating the safety and health of persons and safety of property engaged in operations authorised under this Act, the implementation thereof and matters connected therewith under sub-section (2) of section 19; 4[(ka) the steps necessary to be taken for conservation and systematic development of minerals in the offshore areas and for the protection of environment by preventing or controlling any pollution which may be caused by exploration or production operations under section 19A;] (l) the measures to be taken for prevention and control of pollution and protection of marine environment due to activities in the offshore areas under sub-section (3) of section 20; (m) the manner of filing application under sub-section (3) of section 28; (n) the manner of filing reply under sub-section (4) of section 28; (o) any other matter under clause (f) of sub-section (5) of section 28; (p) the period within which appeal shall be preferred under, and the further period which may be permitted under the proviso to, sub-section (2) of section 34; 4[(pa) the measures to be taken for preventing illegal mining, transportation, and storage of minerals and for the purposes connected therewith;] (q) any other matter which is to be, or may be, prescribed under this Act. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 17 of 2023, s. 21, ibid. (w.e.f. 17-8-2023).
2. Subs. by s. 21, ibid., for clause (c) (w.e.f. 17-8-2023). 3. Clauses (d) to (j) omitted by s. 21, ibid. (w.e.f. 17-8-2023). 4. Ins. by s. 21, ibid (w.e.f. 17-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) This Act may be called the Airports Economic
Regulatory Authority of India Act, 2008.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. (3) It applies to-- (a) all airports whereat air transport services are operated or are intended to be operated, other than airports and airfields belonging to or subject to the control of the Armed Forces or paramilitary Forces of the Union; (b) all private airports and leased airports; (c) all civil enclaves; (d) all major airports.
1. 1st January, 2009 (except Chapters III and IV), vide notification No. S.O. 1894(E), dated 30th December, 2008, see Gazette of
India, Extraordinary, Part II, sec. 3(ii).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12; 1 [(aa) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12;] (b) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 15; (c) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 55 of 1980, s. 3 (w.e.f. 1-7-1981).
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Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may make rules1
requiring that persons
entering 2[India] shall be in possession of passports, and for all matters ancillary or incidental to that
purpose.
(2) Without prejudice to the generality of the foregoing power such rules may (a) prohibit the entry into 2[India] or any part thereof of any person who has not in his possession a passport issued to him; (b) prescribe the authorities by whom passports must have been issued or renewed, and the conditions with which they must comply, for the purposes of this Act; and (c) provide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules. (3) Rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be 3[punishable with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both]. (4) All rules made under this section shall be published in the Official Gazette, and shall thereupon have effect as if enacted in this Act. 4[(5) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. For Passport (Entry into India) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 91.
2. Subs. by Act 36 of 1949, s. 4, for "Provinces". 3. Subs. by Act 47 of 2000, s. 2, for "punishable with imprisonment for a term which may extend to three months, or with fine, or with both" (w.e.f. 8-12-2000). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) No resolution shall be deemed to have been duly
passed by the Board or by a committee thereof by circulation, unless the resolution has been circulated in
draft, together with the necessary papers, if any, to all the directors, or members of the committee, as the
case may be, at their addresses registered with the company in India by hand delivery or by post or by
courier, or through such electronic means as may be prescribed and has been approved by a majority of
the directors or members, who are entitled to vote on the resolution:
Provided that, where not less than one-third of the total number of directors of the company for the time being require that any resolution under circulation must be decided at a meeting, the chairperson shall put the resolution to be decided at a meeting of the Board. (2) A resolution under sub-section (1) shall be noted at a subsequent meeting of the Board or the committee thereof, as the case may be, and made part of the minutes of such meeting. (1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) The Board of Directors of a company shall be entitled to exercise all
such powers, and to do all such acts and things, as the company is authorised to exercise and do:
Provided that in exercising such power or doing such act or thing, the Board shall be subject to the provisions contained in that behalf in this Act, or in the memorandum or articles, or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting: Provided further that the Board shall not exercise any power or do any act or thing which is directed or required, whether under this Act or by the memorandum or articles of the company or otherwise, to be exercised or done by the company in general meeting. (2) No regulation made by the company in general meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made. (3) The Board of Directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the Board, namely:-- (a) to make calls on shareholders in respect of money unpaid on their shares; (b) to authorise buy-back of securities under section 68; (c) to issue securities, including debentures, whether in or outside India; (d) to borrow monies; (e) to invest the funds of the company; (f) to grant loans or give guarantee or provide security in respect of loans; (g) to approve financial statement and the Boards report; (h) to diversify the business of the company; (i) to approve amalgamation, merger or reconstruction; (j) to take over a company or acquire a controlling or substantial stake in another company; (k) any other matter which may be prescribed: Provided that the Board may, by a resolution passed at a meeting, delegate to any committee of directors, the managing director, the manager or any other principal officer of the company or in the case of a branch office of the company, the principal officer of the branch office, the powers specified in clauses (d) to (f) on such conditions as it may specify: Provided further that the acceptance by a banking company in the ordinary course of its business of deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise, or the placing of monies on deposit by a banking company with another banking company on such conditions as the Board may prescribe, shall not be deemed to be a borrowing of monies or, as the case may be, a making of loans by a banking company within the meaning of this section. Explanation I.--Nothing in clause (d) shall apply to borrowings by a banking company from other banking companies or from the Reserve Bank of India, the State Bank of India or any other banks established by or under any Act. Explanation II.--In respect of dealings between a company and its bankers, the exercise by the company of the power specified in clause (d) shall mean the arrangement made by the company with its bankers for the borrowing of money by way of overdraft or cash credit or otherwise and not the actual day-to-day operation on overdraft, cash credit or other accounts by means of which the arrangement so made is actually availed of. (4) Nothing in this section shall be deemed to affect the right of the company in general meeting to impose restrictions and conditions on the exercise by the Board of any of the powers specified in this section. (1) Every
company shall keep one or more registers giving separately the particulars of all contracts or
arrangements to which sub-section (2) of section 184 or section 188 applies, in such manner and
containing such particulars as may be prescribed and after entering the particulars, such register or
registers shall be placed before the next meeting of the Board and signed by all the directors present at the
meeting.
(2) Every director or key managerial personnel shall, within a period of thirty days of his appointment, or relinquishment of his office, as the case may be, disclose to the company the particulars specified in sub-section (1) of section 184 relating to his concern or interest in the other associations which are required to be included in the register under that sub-section or such other information relating to himself as may be prescribed. (3) The register referred to in sub-section (1) shall be kept at the registered office of the company and it shall be open for inspection at such office during business hours and extracts may be taken therefrom, and copies thereof as may be required by any member of the company shall be furnished by the company to such extent, in such manner, and on payment of such fees as may be prescribed. (4) The register to be kept under this section shall also be produced at the commencement of every annual general meeting of the company and shall remain open and accessible during the continuance of the meeting to any person having the right to attend the meeting.-- (5) Nothing contained in sub-section (1) shall apply to any contract or arrangement (a) for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed five lakh rupees in the aggregate in any year; or (b) by a banking company for the collection of bills in the ordinary course of its business. (6) Every director who fails to comply with the provisions of this section and the rules made thereunder shall be liable to a penalty of twenty-five thousand rupees. (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). 1[185. Loans to directors, etc.-- (1) No company shall, directly or indirectly, advance any loan,
including any loan represented by a book debt to, or give any guarantee or provide any security in
connection with any loan taken by,--
(a) any director of company, or of a company which is its holding company or any partner or relative of any such director; or (b) any firm in which any such director or relative is a partner. (2) A company may advance any loan including any loan represented by a book debt, or give any guarantee or provide any security in connection with any loan taken by any person in whom any of the director of the company is interested, subject to the condition that-- (a) a special resolution is passed by the company in general meeting: Provided that the explanatory statement to the notice for the relevant general meeting shall disclose the full particulars of the loans given, or guarantee given or security provided and the purpose for which the loan or guarantee or security is proposed to be utilised by the recipient of the loan or guarantee or security and any other relevant fact; and (b) the loans are utilised by the borrowing company for its principal business activities. Explanation.-- For the purposes of this sub-section, the expression "any person in whom any of the director of the company is interested" means-- (a) any private company of which any such director is a director or member; (b) any body corporate at a general meeting of which not less than twenty-five per cent. of the total voting power may be exercised or controlled by any such director, or by two or more such directors, together; or (c) any body corporate, the Board of directors, managing director or manager, whereof is accustomed to act in accordance with the directions or instructions of the Board, or of any director or directors, of the lending company. (3) Nothing contained in sub-sections (1) and (2) shall apply to-- (a) the giving of any loan to a managing or whole-time director-- (i) as a part of the conditions of service extended by the company to all its employees; or (ii) pursuant to any scheme approved by the members by a special resolution; or (b) a company which in the ordinary course of its business provides loans or gives guarantees or securities for the due repayment of any loan and in respect of such loans an interest is charged at a rate not less than the rate of prevailing yield of one year, three years, five years or ten years Government security closest to the tenor of the loan; or (c) any loan made by a holding company to its wholly owned subsidiary company or any guarantee given or security provided by a holding company in respect of any loan made to its wholly owned subsidiary company; or (d) any guarantee given or security provided by a holding company in respect of loan made by any bank or financial institution to its subsidiary company: Provided that the loans made under clauses (c) and (d) are utilised by the subsidiary company for its principal business activities. (4) If any loan is advanced or a guarantee or security is given or provided or utilised in contravention of the provisions of this section,-- (i) the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; (ii) every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; and (iii) the director or the other person to whom any loan is advanced or guarantee or security is given or provided in connection with any loan taken by him or the other person, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees, or with both.]
1. Subs. by s. 61, ibid., for section 185 (w.e.f. 7-5-2018).
(1) No director of a company shall, in connection with--
(a) the transfer of the whole or any part of any undertaking or property of the company; or (b) the transfer to any person of all or any of the shares in a company being a transfer resulting from-- (i) an offer made to the general body of shareholders; (ii) an offer made by or on behalf of some other body corporate with a view to a company becoming a subsidiary company of such body corporate or a subsidiary company of its holding company; (iii) an offer made by or on behalf of an individual with a view to his obtaining the right to exercise, or control the exercise of, not less than one-third of the total voting power at any general meeting of the company; or (iv) any other offer which is conditional on acceptance to a given extent, receive any payment by way of compensation for loss of office or as consideration for retirement from office, or in connection with such loss or retirement from such company or from the transferee of such undertaking or property, or from the transferees of shares or from any other person, not being such company, unless particulars as may be prescribed with respect to the payment proposed to be made by such transferee or person, including the amount thereof, have been disclosed to the members of the company and the proposal has been approved by the company in general meeting. (2) Nothing in sub-section (1) shall affect any payment made by a company to a managing director or whole-time director or manager of the company by way of compensation for loss of office or as consideration for retirement from office or in connection with such loss or retirement subject to limits or priorities, as may be prescribed. (3) If the payment under sub-section (1) or sub-section (2) is not approved for want of quorum either in a meeting or an adjourned meeting, the proposal shall not be deemed to have been approved. (4) Where a director of a company receives payment of any amount in contravention of sub-section (1) or the proposed payment is made before it is approved in the meeting, the amount so received by the director shall be deemed to have been received by him in trust for the company. 1[(5) If a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees.] (6) Nothing in this section shall be taken to prejudice the operation of any law requiring disclosure to be made with respect to any payment received under this section or such other like payments made to a director.
1. Subs. by Act 22 of 2019, s. 28, for sub-section (5) (w.e.f. 2-11-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). (1) Every director shall at the first meeting of the Board in
which he participates as a director and thereafter at the first meeting of the Board in every financial year
or whenever there is any change in the disclosures already made, then at the first Board meeting held after
such change, disclose his concern or interest in any company or companies or bodies corporate, firms, or
other association of individuals which shall include the shareholding, in such manner as may be
prescribed.
(2) Every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into-- (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, Chief Executive Officer of that body corporate; or (b) with a firm or other entity in which, such director is a partner, owner or member, as the case may be, shall disclose the nature of his concern or interest at the meeting of the Board in which the contract or arrangement is discussed and shall not participate in such meeting: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the company without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, directly or indirectly, in the contract or arrangement, shall be voidable at the option of the company. (4) If a director of the company contravenes the provisions of sub-section (1) or sub-section (2), such director shall be 1 [liable to a penalty of one lakh rupees].br (5) Nothing in this section-- (a) shall be taken to prejudice the operation of any rule of law restricting a director of a company from having any concern or interest in any contract or arrangement with the company; 2[(b) shall apply to any contract or arrangement entered into or to be entered into between two companies or between one or more companies and one or more bodies corporate where any of the directors of the one company or body corporate or two or more of them together holds or hold not more than two per cent. of the paid-up share capital in the other company or the body corporate.]
1. Subs. by Act 29 of 2020, s. 37, for certain words (w.e.f. 21-12-2020).
2. Subs. by Act 1 of 2018, s. 60, for clause (b) (w.e.f. 9-2-2018). (1) All investments made or held by a
company in any property, security or other asset shall be made and held by it in its own name:
Provided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees of the company, if it is necessary to do so, to ensure that the number of members of the subsidiary company is not reduced below the statutory limit. (2) Nothing in this section shall be deemed to prevent a company-- (a) from depositing with a bank, being the bankers of the company, any shares or securities for the collection of any dividend or interest payable thereon; or (b) from depositing with, or transferring to, or holding in the name of, the State Bank of India or a scheduled bank, being the bankers of the company, shares or securities, in order to facilitate the transfer thereof: Provided that if within a period of six months from the date on which the shares or securities are transferred by the company to, or are first held by the company in the name of, the State Bank of India or a scheduled bank as aforesaid, no transfer of such shares or securities takes place, the company shall, as soon as practicable after the expiry of that period, have the shares or securities retransferred to it from the State Bank of India or the scheduled bank or, as the case may be, again hold the shares or securities in its own name; or (c) from depositing with, or transferring to, any person any shares or securities, by way of security for the repayment of any loan advanced to the company or the performance of any obligation undertaken by it; (d) from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner. (3) Where in pursuance of clause (d) of sub-section (2), any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose. 1[(4) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 38, for sub-section (4) (w.e.f. 21-12-2020).
(1) Except with the consent of the Board of Directors given by a
resolution at a meeting of the Board and subject to such conditions as may be prescribed, no company
shall enter into any contract or arrangement with a related party with respect to--
(a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the company, its subsidiary company or associate company; and (g) underwriting the subscription of any securities or derivatives thereof, of the company: Provided that no contract or arrangement, in the case of a company having a paid-up share capital of not less than such amount, or transactions exceeding such sums, as may be prescribed, shall be entered into except with the prior approval of the company by a 1[resolution]: Provided further that no member of the company shall vote on such 1[resolution], to approve any contract or arrangement which may be entered into by the company, if such member is a related party: 2[Provided also that nothing contained in the second proviso shall apply to a company in which ninety per cent. or more members, in number, are relatives of promoters or are related parties:] Provided also that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arms length basis: 3[Provided also that the requirement of passing the resolution under first proviso shall not be applicable for transactions entered into between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and placed before the shareholders at the general meeting for approval.] Explanation.-- In this sub-section,-- (a) the expression "office or place of profit" means any office or place-- (i) where such office or place is held by a director, if the director holding it receives from the company anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the company anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) Every contract or arrangement entered into under sub-section (1) shall be referred to in the Boards report to the shareholders along with the justification for entering into such contract or arrangement. (3) Where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the Board or approval by a 1[resolution] in the general meeting under sub-section (1) and if it is not ratified by the Board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement 4[shall be voidable at the option of the Board or, as the case may be, of the shareholders] and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the company against any loss incurred by it. (4) Without prejudice to anything contained in sub-section (3), it shall be open to the company to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (5) Any director or any other employee of a company, who had entered into or authorized the contract or arrangement in violation of the provisions of this section shall,-- (i) in case of listed company, be 5[liable to a penalty of twenty-five lakh rupees]; and (ii) in case of any other company, be 6[liable to a penalty of five lakh rupees]].
1. Subs. by Act 21 of 2015, s. 16, for "special resolution" (w.e.f. 29-5-2015).
2. The proviso ins. by Act 1 of 2018, s. 63 (w.e.f. 9-2-2018). 3. The proviso ins. by Act 21 of 2015, s. 16 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 63, for "shall be voidable at the option of the Board" (w.e.f. 9-2-2018). 5. Subs. by Act 29 of 2020, s. 39, for certain words (w.e.f. 21-12-2020). 6. Subs. by s. 39, ibid., for certain words (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1[1. Short title, extent and commencement.--(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends,-- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* * * * * (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date3 as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.]
1. Subs. by Act 19 of 1986, s. 2, for "any corporation owned or controlled by the Government" (w.e.f. 22-1-1986).
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3.1st July, 1985, vide notification No. G.S.R. 527(E), dated by 1st July, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(i). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)(1) No dividend shall be declared or paid by a company for any
financial year except--
(a) out of the profits of the company for that year arrived at after providing for depreciation in accordance with the provisions of sub-section (2), or out of the profits of the company for any previous financial year or years arrived at after providing for depreciation in accordance with the provisions of that sub-section and remaining undistributed, or out of 1[both:] 2[Provided that in computing profits any amount representing unrealised gains, notional gains or revaluation of assets and any change in carrying amount of an asset or of a liability on measurement of the asset or the liability at fair value shall be excluded; or] (b) out of money provided by the Central Government or a State Government for the payment of dividend by the company in pursuance of a guarantee given by that Government: Provided that a company may, before the declaration of any dividend in any financial year, transfer such percentage of its profits for that financial year as it may consider appropriate to the reserves of the company: Provided further that where, owing to inadequacy or absence of profits in any financial year, any company proposes to declare dividend out of the accumulated profits earned by it in previous years and 3[transferred by the company to the free reserves], such declaration of dividend shall not be made except in accordance with such rules as may be prescribed in this behalf: Provided also that no dividend shall be declared or paid by a company from its reserves other than free reserves: 4[Provided also that no company shall declare dividend unless carried over previous losses and depreciation not provided in previous year or years are set off against profit of the company for the current year.] (2) For the purposes of clause (a) of sub-section (1), depreciation shall be provided in accordance with the provisions of Schedule II. 5[(3) The Board of Directors of a company may declare interim dividend during any financial year or at any time during the period from closure of financial year till holding of the annual general meeting out of the surplus in the profit and loss account or out of profits of the financial year for which such interim dividend is sought to be declared or out of profits generated in the financial year till the quarter preceding the date of declaration of the interim dividend:] Provided that in case the company has incurred loss during the current financial year up to the end of the quarter immediately preceding the date of declaration of interim dividend, such interim dividend shall not be declared at a rate higher than the average dividends declared by the company during immediately preceding three financial years.] (4) The amount of the dividend, including interim dividend, shall be deposited in a scheduled bank in a separate account within five days from the date of declaration of such dividend. (5) No dividend shall be paid by a company in respect of any share therein except to the registered shareholder of such share or to his order or to his banker and shall not be payable except in cash: Provided that nothing in this sub-section shall be deemed to prohibit the capitalisation of profits or reserves of a company for the purpose of issuing fully paid-up bonus shares or paying up any amount for the time being unpaid on any shares held by the members of the company: Provided further that any dividend payable in cash may be paid by cheque or warrant or in any electronic mode to the shareholder entitled to the payment of the dividend. (6) A company which fails to comply with the provisions of sections 73 and 74 shall not, so long as such failure continues, declare any dividend on its equity shares.
1. Subs. by s. 32, ibid., for "both; or" (w.e.f. 9-2-2018).
2. The proviso ins. by s. 32, ibid. (w.e.f. 9-2-2018). 3. Subs. by s. 32, ibid., for "transferred by the company to the reserves" (w.e.f. 9-2-2018). 4. The Proviso ins. by Act 21 of 2015, s. 10 (w.e.f. 29-5-2015). 5. Subs. by Act 1 of 2018, s. 32, for sub-section (3) (w.e.f. 9-2-2018). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salary and allowances payable to, and other terms and conditions of service of, the members other than part-time members under sub-section (1) of section 7; (b) the allowances to be paid to the part-time members under sub-section (2) of section 7; (c) such other powers that may be exercised by the Authority under clause (q) of sub-section (2) of section 14; (d) the form of annual statement of accounts to be maintained by the Authority under sub-section (1) of section 17; (e) the form and manner in which and the time within which returns and statements and particulars are to be furnished to the Central Government under sub-section (1) of section 20; (f) the matters under sub-section (5) of section 25 on which the Insurance Advisory Committee shall advise the Authority; (g) any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1[6A. Special provisions as to citizenship of persons covered by the Assam Accord.―(1) For
the purposes of this section
(a) "Assam" means the territories included in the State of Assam immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985); (b) "detected to be a foreigner" means detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals) Order, 1964 by a Tribunal constituted under the said Order; (c) "specified territory" means the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985); (d) a person shall be deemed to be Indian origin, if he, or either of his parents or any of his grandparents was born in undivided India; (e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned. (2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the lst day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the lst day of January, 1966. (3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who― (a) came to Assam on or after the lst day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and (b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and (c) has been detected to be a foreigner; shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom. Explanation.―In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this subsection and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall,― (i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding; (ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order hang jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference. (4) A person registered under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passports Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency at any time before the expiry of the said period of ten years. (5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner. (6) Without prejudice to the provisions of section 8― (a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of India, such person shall not be deemed to have become a citizen of India under that sub-section; (b) if any person referred to in sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985(65 of 1985), or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary for such person to register himself under sub-section (3). Explanation.―Where a person required to file a declaration under this sub-section does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf. (7) Nothing in sub-sections (2) to (6) shall apply in relation to any person― (a) who, immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), is a citizen of India; (b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, under the Foreigners Act, 1946 (31 of 1946). (8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.]
1. Ins. by Act 65 of 1985, s. 2 (w.e.f. 7-12-1985).
(1) The Central Government may, by notification in the Official
Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 2[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 3[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 4[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 5[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 [Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both]. 7 [(4) Every rule made under this section 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 session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].
1. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).
2. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 3. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 4. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 5. The proviso ins. by Act 6 of 2004, s. 15 (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986) | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may 1[, by notification in the Official
Gazette,] make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-- (a) the scale of fees leviable under this Act and the manner in which such fees shall be levied and collected; (b) the remuneration, if any, payable to a diplomatic or consular officer in the execution of any of the duties vested in him by this Act; (c) the registers to be kept and the returns to be made in pursuance of this Act; and (d) the manner in which copies of tables of fees may be published and distributed. 2[(3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by Act 2 of 1973, s. 3. | ||||||||||||||||
Related Section(s)The share capital of a company limited by shares shall be of two kinds,
namely:--
(a) equity share capital-- (i) with voting rights; or (ii) with differential rights as to dividend, voting or otherwise in accordance with such rules as may be prescribed; and (b) preference share capital: Provided that nothing contained in this Act shall affect the rights of the preference shareholders who are entitled to participate in the proceeds of winding up before the commencement of this Act. Explanation.-- For the purposes of this section,-- (i) equity share capital, with reference to any company limited by shares, means all share capital which is not preference share capital; (ii) preference share capital, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to (a) payment of dividend, either as a fixed amount or an amount calculated at a fixed rate, which may either be free of or subject to income-tax; and (b) repayment, in the case of a winding up or repayment of capital, of the amount of the share capital paid-up or deemed to have been paid-up, whether or not, there is a preferential right to the payment of any fixed premium or premium on any fixed scale, specified in the memorandum or articles of the company; (iii) capital shall be deemed to be preference capital, notwithstanding that it is entitled to either or both of the following rights, namely:-- (a) that in respect of dividends, in addition to the preferential rights to the amounts specified in sub-clause (a) of clause (ii), it has a right to participate, whether fully or to a limited extent, with capital not entitled to the preferential right aforesaid; (b) that in respect of capital, in addition to the preferential right to the repayment, on a winding up, of the amounts specified in sub-clause (b) of clause (ii), it has a right to participate, whether fully or to a limited extent, with capital not entitled to that preferential right in any surplus which may remain after the entire capital has been repaid. (1) A company may issue fully paid-up bonus shares to its members, in
any manner whatsoever, out of--
(i) its free reserves; (ii) the securities premium account; or (iii) the capital redemption reserve account: Provided that no issue of bonus shares shall be made by capitalising reserves created by the revaluation of assets. (2) No company shall capitalise its profits or reserves for the purpose of issuing fully paid-up bonus shares under sub-section (1), unless-- (a) it is authorised by its articles; (b) it has, on the recommendation of the Board, been authorised in the general meeting of the company; (c) it has not defaulted in payment of interest or principal in respect of fixed deposits or debt securities issued by it; (d) it has not defaulted in respect of the payment of statutory dues of the employees, such as, contribution to provident fund, gratuity and bonus; (e) the partly paid-up shares, if any outstanding on the date of allotment, are made fully paid-up; (f) it complies with such conditions as may be prescribed. (3) The bonus shares shall not be issued in lieu of dividend. (1) No company limited by shares shall, after the
commencement of this Act, issue any preference shares which are irredeemable.
(2) A company limited by shares may, if so authorised by its articles, issue preference shares which are liable to be redeemed within a period not exceeding twenty years from the date of their issue subject to such conditions as may be prescribed: Provided that a company may issue preference shares for a period exceeding twenty years for infrastructure projects, subject to the redemption of such percentage of shares as may be prescribed on an annual basis at the option of such preferential shareholders: Provided further that-- (a) no such shares shall be redeemed except out of the profits of the company which would otherwise be available for dividend or out of the proceeds of a fresh issue of shares made for the purposes of such redemption; (b) no such shares shall be redeemed unless they are fully paid; (c) where such shares are proposed to be redeemed out of the profits of the company, there shall, out of such profits, be transferred, a sum equal to the nominal amount of the shares to be redeemed, to a reserve, to be called the Capital Redemption Reserve Account, and the provisions of this Act relating to reduction of share capital of a company shall, except as provided in this section, apply as if the Capital Redemption Reserve Account were paid-up share capital of the company; and (d) (i) in case of such class of companies, as may be prescribed and whose financial statement comply with the accounting standards prescribed for such class of companies under section 133, the premium, if any, payable on redemption shall be provided for out of the profits of the company, before the shares are redeemed: Provided also that premium, if any, payable on redemption of any preference shares issued on or before the commencement of this Act by any such company shall be provided for out of the profits of the company or out of the companys securities premium account, before such shares are redeemed. (ii) in a case not falling under sub-clause (i) above, the premium, if any, payable on redemption shall be provided for out of the profits of the company or out of the company's securities premium account, before such shares are redeemed. (3) Where a company is not in a position to redeem any preference shares or to pay dividend, if any, on such shares in accordance with the terms of issue (such shares hereinafter referred to as unredeemed preference shares), it may, with the consent of the holders of three-fourths in value of such preference shares and with the approval of the Tribunal on a petition made by it in this behalf, issue further redeemable preference shares equal to the amount due, including the dividend thereon, in respect of the unredeemed preference shares, and on the issue of such further redeemable preference shares, the unredeemed preference shares shall be deemed to have been redeemed: Provided that the Tribunal shall, while giving approval under this sub-section, order the redemption forthwith of preference shares held by such persons who have not consented to the issue of further redeemable preference shares. Explanation.-- For the removal of doubts, it is hereby declared that the issue of further redeemable preference shares or the redemption of preference shares under this section shall not be deemed to be an increase or, as the case may be, a reduction, in the share capital of the company. (4) The capital redemption reserve account may, notwithstanding anything in this section, be applied by the company, in paying up unissued shares of the company to be issued to members of the company as fully paid bonus shares. Explanation.-- For the purposes of sub-section (2), the term infrastructure projects means the infrastructure projects specified in Schedule VI. (1) No company limited by shares or by guarantee and having a share capital shall have power to buy its own
shares unless the consequent reduction of share capital is effected under the provisions of this Act.
(2) No public company shall give, whether directly or indirectly and whether by means of a loan, guarantee, the provision of security or otherwise, any financial assistance for the purpose of, or in connection with, a purchase or subscription made or to be made, by any person of or for any shares in the company or in its holding company. (3) Nothing in sub-section (2) shall apply to-- (a) the lending of money by a banking company in the ordinary course of its business; (b) the provision by a company of money in accordance with any scheme approved by company through special resolution and in accordance with such requirements as may be prescribed, for the purchase of, or subscription for, fully paid-up shares in the company or its holding company, if the purchase of, or the subscription for, the shares held by trustees for the benefit of the employees or such shares held by the employee of the company; (c) the giving of loans by a company to persons in the employment of the company other than its directors or key managerial personnel, for an amount not exceeding their salary or wages for a period of six months with a view to enabling them to purchase or subscribe for fully paid-up shares in the company or its holding company to be held by them by way of beneficial ownership: Provided that disclosures in respect of voting rights not exercised directly by the employees in respect of shares to which the scheme relates shall be made in the Board's report in such manner as may be prescribed. (4) Nothing in this section shall affect the right of a company to redeem any preference shares issued by it under this Act or under any previous company law. (5) If a company contravenes the provisions of this section, it shall be punishable with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to twentyfive lakh rupees. (1) Every holder of securities of a company may, at any time, nominate, in
the prescribed manner, any person to whom his securities shall vest in the event of his death.
(2) Where the securities of a company are held by more than one person jointly, the joint holders may together nominate, in the prescribed manner, any person to whom all the rights in the securities shall vest in the event of death of all the joint holders. (3) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of the securities of a company, where a nomination made in the prescribed manner purports to confer on any person the right to vest the securities of the company, the nominee shall, on the death of the holder of securities or, as the case may be, on the death of the joint holders, become entitled to all the rights in the securities, of the holder or, as the case may be, of all the joint holders, in relation to such securities, to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. (4) Where the nominee is a minor, it shall be lawful for the holder of the securities, making the nomination to appoint, in the prescribed manner, any person to become entitled to the securities of the company, in the event of the death of the nominee during his minority. (1) Notwithstanding anything contained in section 53, a company
may issue sweat equity shares of a class of shares already issued, if the following conditions are fulfilled,
namely:--
(a) the issue is authorised by a special resolution passed by the company; (b) the resolution specifies the number of shares, the current market price, consideration, if any, and the class or classes of directors or employees to whom such equity shares are to be issued; 1* * * * * (d) where the equity shares of the company are listed on a recognised stock exchange, the sweat equity shares are issued in accordance with the regulations made by the Securities and Exchange Board in this behalf and if they are not so listed, the sweat equity shares are issued in accordance with such rules as may be prescribed. (2) The rights, limitations, restrictions and provisions as are for the time being applicable to equity shares shall be applicable to the sweat equity shares issued under this section and the holders of such shares shall rank pari passu with other equity shareholders.
1. Clause (c) omitted by s. 13, ibid. (w.e.f. 7-5-2018).
(1) Where at any time, a company having a share capital proposes
to increase its subscribed capital by the issue of further shares, such shares shall be offered--
(a) to persons who, at the date of the offer, are holders of equity shares of the company in proportion, as nearly as circumstances admit, to the paid-up share capital on those shares by sending a letter of offer subject to the following conditions, namely:-- (i) the offer shall be made by notice specifying the number of shares offered and limiting a time not being less than fifteen days 1[or such lesser number of days as may be prescribed] and not exceeding thirty days from the date of the offer within which the offer, if not accepted, shall be deemed to have been declined; (ii) unless the articles of the company otherwise provide, the offer aforesaid shall be deemed to include a right exercisable by the person concerned to renounce the shares offered to him or any of them in favour of any other person; and the notice referred to in clause (i) shall contain a statement of this right; (iii) after the expiry of the time specified in the notice aforesaid, or on receipt of earlier intimation from the person to whom such notice is given that he declines to accept the shares offered, the Board of Directors may dispose of them in such manner which is not disadvantageous to the share holders and the company; (b) to employees under a scheme of employees’ stock option, subject to special resolution passed by company and subject to such conditions as may be prescribed; or (c) to any persons, if it is authorised by a special resolution, whether or not those persons include the persons referred to in clause (a) or clause (b), either for cash or for a consideration other than cash, if the price of such shares is determined by the valuation report 2[of a registered valuer, subject to the compliance with the applicable provisions of Chapter III and any other conditions as may be prescribed]. 3[(2) The notice referred to in sub-clause (i) of clause (a) of sub-section (1) shall be dispatched through registered post or speed post or through electronic mode or courier or any other mode having proof of delivery to all the existing shareholders at least three days before the opening of the issue.] (3) Nothing in this section shall apply to the increase of the subscribed capital of a company caused by the exercise of an option as a term attached to the debentures issued or loan raised by the company to convert such debentures or loans into shares in the company: Provided that the terms of issue of such debentures or loan containing such an option have been approved before the issue of such debentures or the raising of loan by a special resolution passed by the company in general meeting. (4) Notwithstanding anything contained in sub-section (3), where any debentures have been issued, or loan has been obtained from any Government by a company, and if that Government considers it necessary in the public interest so to do, it may, by order, direct that such debentures or loans or any part thereof shall be converted into shares in the company on such terms and conditions as appear to the Government to be reasonable in the circumstances of the case even if terms of the issue of such debentures or the raising of such loans do not include a term for providing for an option for such conversion: Provided that where the terms and conditions of such conversion are not acceptable to the company, it may, within sixty days from the date of communication of such order, appeal to the Tribunal which shall after hearing the company and the Government pass such order as it deems fit. (5) In determining the terms and conditions of conversion under sub-section (4), the Government shall have due regard to the financial position of the company, the terms of issue of debentures or loans, as the case may be, the rate of interest payable on such debentures or loans and such other matters as it may consider necessary. (6) Where the Government has, by an order made under sub-section (4), directed that any debenture or loan or any part thereof shall be converted into shares in a company and where no appeal has been preferred to the Tribunal under sub-section (4) or where such appeal has been dismissed, the memorandum of such company shall, where such order has the effect of increasing the authorised share capital of the company, stand altered and the authorised share capital of such company shall stand increased by an amount equal to the amount of the value of shares which such debentures or loans or part thereof has been converted into.
1. Ins. by Act 29 of 2020, s. 11 (w.e.f. 22-1-2021).
2. Subs. by Act 1 of 2018, s. 14, for "of a registered valuer subject to such conditions as may be prescribed" (w.e.f. 9-2-2018). 3. Subs. by s. 14, ibid., for sub-section (2) (w.e.f. 9-2-2018). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) Where--
(a) a company alters its share capital in any manner specified in sub-section (1) of section 61; (b) an order made by the Government under sub-section (4) read with sub-section (6) of section 62 has the effect of increasing authorised capital of a company; or (c) a company redeems any redeemable preference shares, the company shall file a notice in the prescribed form with the Registrar within a period of thirty days of such alteration or increase or redemption, as the case may be, along with an altered memorandum. 1[(2) where any company fails to comply with the provisions of sub-section (1), such company rupees and every officer who is in default shall be liable to a penalty of 2[five hundred rupees] for each day during which such default continues, 3[subject to a maximum of five lakh rupees in case of a company and one lakh rupees in case of an officer who is in default].]
1. Subs. by Act 22 of 2019, s. 10, for sub-section (2) (w.e.f. 2-11-2018).
2. Subs. by s. 12, ibid., for "one thousand rupees" (w.e.f. 21-12-2020). 3. Subs. by s. 12, ibid., for "or five lakh rupees whichever is less" (w.e.f. 21-12-2020). (1) Notwithstanding anything contained in
this Act, but subject to the provisions of sub-section (2), a company may purchase its own shares or other
specified securities (hereinafter referred to as buy-back) out of--
(a) its free reserves; (b) the securities premium account; or (c) the proceeds of the issue of any shares or other specified securities: Provided that no buy-back of any kind of shares or other specified securities shall be made out of the proceeds of an earlier issue of the same kind of shares or same kind of other specified securities. (2) No company shall purchase its own shares or other specified securities under sub-section (1), unless-- (a) the buy-back is authorised by its articles; (b) a special resolution has been passed at a general meeting of the company authorising the buy-back: Provided that nothing contained in this clause shall apply to a case where-- (i) the buy-back is, ten per cent. or less of the total paid-up equity capital and free reserves of the company; and (ii) such buy-back has been authorised by the Board by means of a resolution passed at its meeting; (c) the buy-back is twenty-five per cent. or less of the aggregate of paid-up capital and free reserves of the company: Provided that in respect of the buy-back of equity shares in any financial year, the reference to twenty-five per cent. in this clause shall be construed with respect to its total paid-up equity capital in that financial year; (d) the ratio of the aggregate of secured and unsecured debts owed by the company after buy-back is not more than twice the paid-up capital and its free reserves: Provided that the Central Government may, by order, notify a higher ratio of the debt to capital and free reserves for a class or classes of companies; (e) all the shares or other specified securities for buy-back are fully paid-up; (f) the buy-back of the shares or other specified securities listed on any recognized stock exchange is in accordance with the regulations made by the Securities and Exchange Board in this behalf; and (g) the buy-back in respect of shares or other specified securities other than those specified in clause (f) is in accordance with such rules as may be prescribed: Provided that no offer of buy-back under this sub-section shall be made within a period of one year reckoned from the date of the closure of the preceding offer of buy-back, if any. (3) The notice of the meeting at which the special resolution is proposed to be passed under clause (b) of sub-section (2) shall be accompanied by an explanatory statement stating-- (a) a full and complete disclosure of all material facts; (b) the necessity for the buy-back; (c) the class of shares or securities intended to be purchased under the buy-back; (d) the amount to be invested under the buy-back; and (e) the time-limit for completion of buy-back. (4) Every buy-back shall be completed within a period of one year from the date of passing of the special resolution, or as the case may be, the resolution passed by the Board under clause (b) of sub-section (2). (5) The buy-back under sub-section (1) may be-- (a) from the existing shareholders or security holders on a proportionate basis; (b) from the open market; (c) by purchasing the securities issued to employees of the company pursuant to a scheme of stock option or sweat equity. (6) Where a company proposes to buy-back its own shares or other specified securities under this section in pursuance of a special resolution under clause (b) of sub-section (2) or a resolution under item (ii) of the proviso thereto, it shall, before making such buy-back, file with the Registrar and the Securities and Exchange Board, a declaration of solvency signed by atleast two directors of the company, one of whom shall be the managing director, if any, in such form as may be prescribed and verified by an affidavit to the effect that the Board of Directors of the company has made a full inquiry into the affairs of the company as a result of which they have formed an opinion that it is capable of meeting its liabilities and will not be rendered insolvent within a period of one year from the date of declaration adopted by the Board: Provided that no declaration of solvency shall be filed with the Securities and Exchange Board by a company whose shares are not listed on any recognised stock exchange. (7) Where a company buys back its own shares or other specified securities, it shall extinguish and physically destroy the shares or securities so bought back within seven days of the last date of completion of buy-back. (8) Where a company completes a buy-back of its shares or other specified securities under this section, it shall not make a further issue of the same kind of shares or other securities including allotment of new shares under clause (a) of sub-section (1) of section 62 or other specified securities within a period of six months except by way of a bonus issue or in the discharge of subsisting obligations such as conversion of warrants, stock option schemes, sweat equity or conversion of preference shares or debentures into equity shares. (9) Where a company buys back its shares or other specified securities under this section, it shall maintain a register of the shares or securities so bought, the consideration paid for the shares or securities bought back, the date of cancellation of shares or securities, the date of extinguishing and physically destroying the shares or securities and such other particulars as may be prescribed. (10) A company shall, after the completion of the buy-back under this section, file with the Registrar and the Securities and Exchange Board a return containing such particulars relating to the buy-back within thirty days of such completion, as may be prescribed: Provided that no return shall be filed with the Securities and Exchange Board by a company whose shares are not listed on any recognised stock exchange. (11) If a company makes any default in complying with the provisions of this section or any regulation made by the Securities and Exchange Board, for the purposes of clause (f) of sub-section (2), the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to three lakh rupees and every officer of the company who is in default shall be punishable 1*** with fine which shall not be less than one lakh rupees but which may extend to 2 [three lakh rupees]. Explanation I.--For the purposes of this section and section 70, "specified securities" includes employees' stock option or other securities as may be notified by the Central Government from time to time. Explanation II.--For the purposes of this section, "free reserves" includes securities premium account.
1. The words "with imprisonment for a term which may extend to three years or" omitted by Act 29 of 2020, s. 14 (w.e.f. 21-12-
2020).
2. Subs. by s. 14, ibid., for "three lakh rupees, or with both" (w.e.f. 21-12-2020). (1) A company may issue debentures with an option to convert such debentures
into shares, either wholly or partly at the time of redemption:
Provided that the issue of debentures with an option to convert such debentures into shares, wholly or partly, shall be approved by a special resolution passed at a general meeting. (2) No company shall issue any debentures carrying any voting rights. (3) Secured debentures may be issued by a company subject to such terms and conditions as may be prescribed. (4) Where debentures are issued by a company under this section, the company shall create a debenture redemption reserve account out of the profits of the company available for payment of dividend and the amount credited to such account shall not be utilised by the company except for the redemption of debentures. (5) No company shall issue a prospectus or make an offer or invitation to the public or to its members exceeding five hundred for the subscription of its debentures, unless the company has, before such issue or offer, appointed one or more debenture trustees and the conditions governing the appointment of such trustees shall be such as may be prescribed. (6) A debenture trustee shall take steps to protect the interests of the debenture-holders and redress their grievances in accordance with such rules as may be prescribed. (7) Any provision contained in a trust deed for securing the issue of debentures, or in any contract with the debenture-holders secured by a trust deed, shall be void in so far as it would have the effect of exempting a trustee thereof from, or indemnifying him against, any liability for breach of trust, where he fails to show the degree of care and due diligence required of him as a trustee, having regard to the provisions of the trust deed conferring on him any power, authority or discretion: Provided that the liability of the debenture trustee shall be subject to such exemptions as may be agreed upon by a majority of debenture-holders holding not less than three-fourths in value of the total debentures at a meeting held for the purpose. (8) A company shall pay interest and redeem the debentures in accordance with the terms and conditions of their issue. (9) Where at any time the debenture trustee comes to a conclusion that the assets of the company are insufficient or are likely to become in sufficient to discharge the principal amount as and when it becomes due, the debenture trustee may file a petition before the Tribunal and the Tribunal may, after hearing the company and any other person interested in the matter, by order, impose such restrictions on the incurring of any further liabilities by the company as the Tribunal may consider necessary in the interests of the debenture-holders. (10) Where a company fails to redeem the debentures on the date of their maturity or fails to pay interest on the debentures when it is due, the Tribunal may, on the application of any or all of the debenture-holders, or debenture trustee and, after hearing the parties concerned, direct, by order, the company to redeem the debentures forth with on payment of principal and interest due thereon. 1* * * * * (12) A contract with the company to take up and pay for any debentures of the company may be enforced by a decree for specific performance. (13) The Central Government may prescribe the procedure, for securing the issue of debentures, the form of debenture trust deed, the procedure for the debenture-holders to inspect the trust deed and to obtain copies thereof, quantum of debenture redemption reserve required to be created and such other matters.
1. Sub-section (11) omitted by Act 29 of 2020, s. 15 (w.e.f. 21-12-2020).
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Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- (a) terms and conditions of service of the Chairperson and Members of the Commission and their salaries and allowances under section 6; (b) the procedure to be followed by the Commission in the transaction of its business at a meeting under sub-section (4) of section 10; (c) the powers and duties which may be exercised and performed by the Member- Secretary of the Commission under sub-section (2) of section 11; (d) the salary and allowances and other terms and conditions of service of officers and other employees of the Commission under sub-section (3) of section 11; and (e) form of the statement of accounts and other records to be prepared by the Commission under sub-section (1) of section 29. (3) Every rule 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 afore said, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 with out prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
1[52. Alteration in motor vehicle.-- (1) No owner of a motor vehicle shall so alter the vehicle that
the particulars contained in the certificate of registration are at variance with those originally specified by
the manufacturer:
Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: 2[Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment.] Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose. 3[(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central Government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the Central Government.] 4[(2) Notwithstanding anything contained in sub-section (1), any person may, with the subsequent approval of the registering authority, alter or cause to be altered any vehicle owned by him to be converted into an adapted vehicle: Provided that such alteration complies with such conditions as may be prescribed by the Central Government.] (3) Where any alteration has been made in motor vehicle without the approval of registering authority 5***, the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. Explanation.--For the purposes of this section, "alteration" means a change in the structure of a vehicle which results in a change in its basic feature.]
1. Subs. by Act 27 of 2000, s. 2, for section 52 (w.e.f. 11-8-2000).
2. The Proviso subs. by Act 32 of 2019, s. 21, (w.e.f. 1-9-2019). 3. Ins. by s. 21, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 21, ibid., for sub-section (2) (w.e.f. 1-9-2019). 5. The words "or by reason of replacement of its engine without such approval under sub-section (2)" omitted by s. 21, ibid., (w.e.f. 1-9-2019). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1)
Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or
hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the
registering authority shall make an entry in the certificate of registration regarding the existence of the
said agreement.
(2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the 1[last registering authority] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration 2[and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the 1[last registering authority] on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the Central Government may prescribe 2[and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement. (5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle 3[from the registered owner] owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement: Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee: Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force. (6) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark 4[under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate). Explanation.-- For the purposes of this sub-section and sub-sections (8) and (9), "appropriate authority" in relation to any permit means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark. (7) Within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier. (8) The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, or, as the case may be a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section. (9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this Act,-- (a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either-- (i) renew or refuse to renew the permit, or (ii) issue or refuse to issue the duplicate certificate of registration, or (iii) assign or refuse to assign a new registration mark; (b) in any other case, (i) renew the permit, or (ii) issue duplicate certificate of registration, or (iii) assign a new registration mark. (10) A registering authority making an entry in the certificate of registration regarding-- (a) hire-purchase, lease or hypothecation agreement of a motor vehicle, or (b) the cancellation under sub-section (3) of an entry, or (c) recording transfer of ownership of motor vehicle, or (d) any alteration in a motor vehicle, or (e) suspension or cancellation of registration of a motor vehicle, or (f) change of address, shall communicate 5[by registered post acknowledgment due] to the financier that such entry has been made. 6[(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction. (12) The registering authority where it is not the original registering authority, when making entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section (3) or issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.]
1. Subs. by Act 54 of 1994, s. 14, for "original registering authority" (w.e.f. 14-11-1994).
2. Added. by s. 14, ibid. (w.e.f. 14-11-1994). 3. Ins. by s. 14, ibid. (w.e.f. 14-11-1994). 4. Subs. by Act 54 of 1994, s. 14, for "under section 47, make an application" (w.e.f. 14-11-1994). 5. Ins. by Act 54 of 1994, s.14 (w.e.f. 14-11-1994). 6. Subs. by s.14, ibid., for sub-section (11) (w.e.f. 14-11-1994). (1) Except as may be
otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be
valid in any other region, unless the permit has been countersigned by the Regional Transport Authority
of that other rigion, and a permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the Regional Transport Authority
concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that-- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 3* * * * * (11) The following shall be conditions of every permit granted under sub-section (9), namely:-- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. Explanation.-- In this section,-- (a) "appropriate authority", in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) "authorisation fee" means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) "national permit" means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
1. Subs. by Act 54 of 1994, s. 27, for "grant a special permit in relation to a vehicle covered" (w.e.f. 14-11-1994).
1. Subs. by Act 54 of 1994, s. 27 for "and 89" (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). (1) Any licensing authority may, on application made to it, renew
a driving licence issued under the provisions of this Act with effect from the date of its expiry:
Provided that in any case where the application for the renewal of a licence is made 1[either one year prior to date of its expiry or within one year] after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learners licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. (3) Where an application for the renewal of a driving licence is made previous to, or not more than 2[one year] after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than 1 [one year] after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than 3[one year after the driving licence has ceased to be effective, the licensing authority shall] refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence.
1. Subs. by s. 10, ibid., for "more than thirty days" (w.e.f. 1-9-2019).
2. Subs. by Act 32 of 2019, s. 10, for "thirty days" (w.e.f. 1-9-2019). 3. Subs. by s. 10, ibid., for "five years after the driving licence has ceased to be effective, the licensing authority may" (w.e.f. 1- 9-2019). (1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The Central Government may make rules for the purpose of licensing and
regulating, by the State Governments, schools or establishments (by whatever name called) for imparting
instruction in driving of motor vehicles and matters connected therewith.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) licensing of such schools or establishments including grant, renewal and revocation of such licences; (b) supervision of such schools or establishments; (c) the form of application and the form of licence and the particulars to be contained therein; (d) fee to be paid with the application for such licences; (e) conditions subject to which such licences may be granted; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle; (i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction; (j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein; (k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess; (l) inspection of such schools and establishments (including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction); (m) maintenance of records by such schools or establishments; (n) financial stability of such schools or establishments; (o) the driving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates; (p) such other matters as may be necessary to carry out the purposes of this section. (3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. (4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued under this Act for a period of one month from such commencement, and if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. 1[(5) Notwithstanding anything contained in any other provision, where any school or establishment has been accredited by a body notified by the Central Government under any other law for the time being in force, any person who has successfully completed a training module at such school or establishment covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of motor vehicle. (6) The curriculum of the training module referred to in sub-section (5) and the remedial driver training course referred to in sub-section (5) of section 9 shall be such as may be prescribed by the Central Government and that Government may make rules for the regulation of such schools or establishments.]
1. Ins. by Act 32 of 2019, s. 8, (w.e.f. 1-7-2021)
(1) Any person who is not for the time being disqualified for holding or
obtaining a driving licence may apply to 1[any licensing authority in the State]--
(i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. 2[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence: Provided that no such test shall be necessary where the applicant produces proof to show that-- (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between thed ate of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8, (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: 3[Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses 4*** a driving certificate issued by a school or establishment referred to in section 12. 5[(5) Where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days: Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test 6[and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12].] (6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. (8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he-- (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, bedeemed to be effective for driving a motor cycle with or without gear. 7[(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.]
1. Subs. by s. 5, ibid., for "the licensing authority having jurisdiction in the area" (w.e.f. 1-9-2019).
2. Subs. by Act 54 of 1994, s. 7, for sub-section (3) (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1-9-2019). 4. The words "such minimum educational qualification as may be prescribed by the Central Government and" omitted by s. 5, ibid (w.e.f. 1-9-2019). 5. Subs. by Act 54 of 1994, s. 7, for sub-section (5) (w.e.f. 14-11-1994). 6. Ins. by Act 32 of 2019, s. 5, (w.e.f. 1-9-2019). 7. Ins. by Act 3 of 2015, s. 4 (w.e.f. 7-1-2015). (1) Any person who is not disqualified under section 4 for driving a
motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence
may, subject to the provisions of section 7, apply to 1[any of the licensing authority in the State]--
(i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents 2[with such fee and submit in such manner, including electronic means] as may be prescribed by the Central Government. (3) Every application 3[to drive a transport vehicle made] under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose: 4* * * * * (4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner's licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner's licence: Provided that a learners licence limited to driving an 5[adapted vehicle] may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. (5) No learner's licence shall be issued to any applicant unless he 6[ satisfies such conditions] as may be prescribed by the Central Government. . (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority. 7[Provided further that a licencing authority may issue a learner's licence in electronic form and such manner as may be prescribed by the Central Government.: Provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.] (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both. (8) Any learner's licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.
1. Subs. by Act 32 of 2019, s.4, for "the licensing authority having jurisdiction in the area" (w.e.f. 1-9-2019).
2. Subs. by s. 4, ibid., for "and with such fee" (w.e.f. 1-9-2019). 3. Ins. by s. 4, ibid. (w.e.f. 1-9-2019). 4. The proviso omitted by s. 4, ibid (w.e.f. 1-9-2019). 5. Subs. by s. 4, ibid., for "invalid carriage" (w.e.f. 1-9-2019). 6. Subs. by s. 4, ibid., for "passes to the satisfaction of the licensing authority such test" (w.e.f. 1-9-2019). 7. The Provisos ins. by Act 32 of 2019, s. 4 (1-9-2019). (1) Any person holding a driving licence to drive any class or
description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving
licence to drive any other class or description of motor vehicles, may apply to 1[any licensing authority in
the State] in which he resides or carries on his business in such form and accompanied by such documents
and with such fees as may be prescribed by the Central Government for the addition of such other class or
description of motor vehicles to the licence.
(2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence. 2[Provided that the licensing authority may, before issuing the license verify the identity of the applicant in such manner as may be prescribed by the Central Government.]
1. Subs. by Act 32 of 2019, s. 7, for "the licensing authority having jurisdiction in the area" (w.e.f. 1-9-2019).
2. Ins. by s. 7, ibid., (w.e.f. 1-9-2019). (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (1) Subject to the
provisions of section 5, the Chairperson, Judicial Members and Expert Members of the Tribunal shall be
appointed by the Central Government.
(2) The Chairperson shall be appointed by the Central Government in consultation with the Chief Justice of India. (3) The Judicial Members and Expert Members of the Tribunal shall be appointed on the recommendations of such Selection Committee and in such manner as may be prescribed. | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No resolution shall be deemed to have been duly
passed by the Board or by a committee thereof by circulation, unless the resolution has been circulated in
draft, together with the necessary papers, if any, to all the directors, or members of the committee, as the
case may be, at their addresses registered with the company in India by hand delivery or by post or by
courier, or through such electronic means as may be prescribed and has been approved by a majority of
the directors or members, who are entitled to vote on the resolution:
Provided that, where not less than one-third of the total number of directors of the company for the time being require that any resolution under circulation must be decided at a meeting, the chairperson shall put the resolution to be decided at a meeting of the Board. (2) A resolution under sub-section (1) shall be noted at a subsequent meeting of the Board or the committee thereof, as the case may be, and made part of the minutes of such meeting. (1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) The Board of Directors of a company shall be entitled to exercise all
such powers, and to do all such acts and things, as the company is authorised to exercise and do:
Provided that in exercising such power or doing such act or thing, the Board shall be subject to the provisions contained in that behalf in this Act, or in the memorandum or articles, or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting: Provided further that the Board shall not exercise any power or do any act or thing which is directed or required, whether under this Act or by the memorandum or articles of the company or otherwise, to be exercised or done by the company in general meeting. (2) No regulation made by the company in general meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made. (3) The Board of Directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the Board, namely:-- (a) to make calls on shareholders in respect of money unpaid on their shares; (b) to authorise buy-back of securities under section 68; (c) to issue securities, including debentures, whether in or outside India; (d) to borrow monies; (e) to invest the funds of the company; (f) to grant loans or give guarantee or provide security in respect of loans; (g) to approve financial statement and the Boards report; (h) to diversify the business of the company; (i) to approve amalgamation, merger or reconstruction; (j) to take over a company or acquire a controlling or substantial stake in another company; (k) any other matter which may be prescribed: Provided that the Board may, by a resolution passed at a meeting, delegate to any committee of directors, the managing director, the manager or any other principal officer of the company or in the case of a branch office of the company, the principal officer of the branch office, the powers specified in clauses (d) to (f) on such conditions as it may specify: Provided further that the acceptance by a banking company in the ordinary course of its business of deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise, or the placing of monies on deposit by a banking company with another banking company on such conditions as the Board may prescribe, shall not be deemed to be a borrowing of monies or, as the case may be, a making of loans by a banking company within the meaning of this section. Explanation I.--Nothing in clause (d) shall apply to borrowings by a banking company from other banking companies or from the Reserve Bank of India, the State Bank of India or any other banks established by or under any Act. Explanation II.--In respect of dealings between a company and its bankers, the exercise by the company of the power specified in clause (d) shall mean the arrangement made by the company with its bankers for the borrowing of money by way of overdraft or cash credit or otherwise and not the actual day-to-day operation on overdraft, cash credit or other accounts by means of which the arrangement so made is actually availed of. (4) Nothing in this section shall be deemed to affect the right of the company in general meeting to impose restrictions and conditions on the exercise by the Board of any of the powers specified in this section. (1) Every
company shall keep one or more registers giving separately the particulars of all contracts or
arrangements to which sub-section (2) of section 184 or section 188 applies, in such manner and
containing such particulars as may be prescribed and after entering the particulars, such register or
registers shall be placed before the next meeting of the Board and signed by all the directors present at the
meeting.
(2) Every director or key managerial personnel shall, within a period of thirty days of his appointment, or relinquishment of his office, as the case may be, disclose to the company the particulars specified in sub-section (1) of section 184 relating to his concern or interest in the other associations which are required to be included in the register under that sub-section or such other information relating to himself as may be prescribed. (3) The register referred to in sub-section (1) shall be kept at the registered office of the company and it shall be open for inspection at such office during business hours and extracts may be taken therefrom, and copies thereof as may be required by any member of the company shall be furnished by the company to such extent, in such manner, and on payment of such fees as may be prescribed. (4) The register to be kept under this section shall also be produced at the commencement of every annual general meeting of the company and shall remain open and accessible during the continuance of the meeting to any person having the right to attend the meeting.-- (5) Nothing contained in sub-section (1) shall apply to any contract or arrangement (a) for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed five lakh rupees in the aggregate in any year; or (b) by a banking company for the collection of bills in the ordinary course of its business. (6) Every director who fails to comply with the provisions of this section and the rules made thereunder shall be liable to a penalty of twenty-five thousand rupees. (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). 1[185. Loans to directors, etc.-- (1) No company shall, directly or indirectly, advance any loan,
including any loan represented by a book debt to, or give any guarantee or provide any security in
connection with any loan taken by,--
(a) any director of company, or of a company which is its holding company or any partner or relative of any such director; or (b) any firm in which any such director or relative is a partner. (2) A company may advance any loan including any loan represented by a book debt, or give any guarantee or provide any security in connection with any loan taken by any person in whom any of the director of the company is interested, subject to the condition that-- (a) a special resolution is passed by the company in general meeting: Provided that the explanatory statement to the notice for the relevant general meeting shall disclose the full particulars of the loans given, or guarantee given or security provided and the purpose for which the loan or guarantee or security is proposed to be utilised by the recipient of the loan or guarantee or security and any other relevant fact; and (b) the loans are utilised by the borrowing company for its principal business activities. Explanation.-- For the purposes of this sub-section, the expression "any person in whom any of the director of the company is interested" means-- (a) any private company of which any such director is a director or member; (b) any body corporate at a general meeting of which not less than twenty-five per cent. of the total voting power may be exercised or controlled by any such director, or by two or more such directors, together; or (c) any body corporate, the Board of directors, managing director or manager, whereof is accustomed to act in accordance with the directions or instructions of the Board, or of any director or directors, of the lending company. (3) Nothing contained in sub-sections (1) and (2) shall apply to-- (a) the giving of any loan to a managing or whole-time director-- (i) as a part of the conditions of service extended by the company to all its employees; or (ii) pursuant to any scheme approved by the members by a special resolution; or (b) a company which in the ordinary course of its business provides loans or gives guarantees or securities for the due repayment of any loan and in respect of such loans an interest is charged at a rate not less than the rate of prevailing yield of one year, three years, five years or ten years Government security closest to the tenor of the loan; or (c) any loan made by a holding company to its wholly owned subsidiary company or any guarantee given or security provided by a holding company in respect of any loan made to its wholly owned subsidiary company; or (d) any guarantee given or security provided by a holding company in respect of loan made by any bank or financial institution to its subsidiary company: Provided that the loans made under clauses (c) and (d) are utilised by the subsidiary company for its principal business activities. (4) If any loan is advanced or a guarantee or security is given or provided or utilised in contravention of the provisions of this section,-- (i) the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; (ii) every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; and (iii) the director or the other person to whom any loan is advanced or guarantee or security is given or provided in connection with any loan taken by him or the other person, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees, or with both.]
1. Subs. by s. 61, ibid., for section 185 (w.e.f. 7-5-2018).
(1) No director of a company shall, in connection with--
(a) the transfer of the whole or any part of any undertaking or property of the company; or (b) the transfer to any person of all or any of the shares in a company being a transfer resulting from-- (i) an offer made to the general body of shareholders; (ii) an offer made by or on behalf of some other body corporate with a view to a company becoming a subsidiary company of such body corporate or a subsidiary company of its holding company; (iii) an offer made by or on behalf of an individual with a view to his obtaining the right to exercise, or control the exercise of, not less than one-third of the total voting power at any general meeting of the company; or (iv) any other offer which is conditional on acceptance to a given extent, receive any payment by way of compensation for loss of office or as consideration for retirement from office, or in connection with such loss or retirement from such company or from the transferee of such undertaking or property, or from the transferees of shares or from any other person, not being such company, unless particulars as may be prescribed with respect to the payment proposed to be made by such transferee or person, including the amount thereof, have been disclosed to the members of the company and the proposal has been approved by the company in general meeting. (2) Nothing in sub-section (1) shall affect any payment made by a company to a managing director or whole-time director or manager of the company by way of compensation for loss of office or as consideration for retirement from office or in connection with such loss or retirement subject to limits or priorities, as may be prescribed. (3) If the payment under sub-section (1) or sub-section (2) is not approved for want of quorum either in a meeting or an adjourned meeting, the proposal shall not be deemed to have been approved. (4) Where a director of a company receives payment of any amount in contravention of sub-section (1) or the proposed payment is made before it is approved in the meeting, the amount so received by the director shall be deemed to have been received by him in trust for the company. 1[(5) If a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees.] (6) Nothing in this section shall be taken to prejudice the operation of any law requiring disclosure to be made with respect to any payment received under this section or such other like payments made to a director.
1. Subs. by Act 22 of 2019, s. 28, for sub-section (5) (w.e.f. 2-11-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). (1) Every director shall at the first meeting of the Board in
which he participates as a director and thereafter at the first meeting of the Board in every financial year
or whenever there is any change in the disclosures already made, then at the first Board meeting held after
such change, disclose his concern or interest in any company or companies or bodies corporate, firms, or
other association of individuals which shall include the shareholding, in such manner as may be
prescribed.
(2) Every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into-- (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, Chief Executive Officer of that body corporate; or (b) with a firm or other entity in which, such director is a partner, owner or member, as the case may be, shall disclose the nature of his concern or interest at the meeting of the Board in which the contract or arrangement is discussed and shall not participate in such meeting: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the company without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, directly or indirectly, in the contract or arrangement, shall be voidable at the option of the company. (4) If a director of the company contravenes the provisions of sub-section (1) or sub-section (2), such director shall be 1 [liable to a penalty of one lakh rupees].br (5) Nothing in this section-- (a) shall be taken to prejudice the operation of any rule of law restricting a director of a company from having any concern or interest in any contract or arrangement with the company; 2[(b) shall apply to any contract or arrangement entered into or to be entered into between two companies or between one or more companies and one or more bodies corporate where any of the directors of the one company or body corporate or two or more of them together holds or hold not more than two per cent. of the paid-up share capital in the other company or the body corporate.]
1. Subs. by Act 29 of 2020, s. 37, for certain words (w.e.f. 21-12-2020).
2. Subs. by Act 1 of 2018, s. 60, for clause (b) (w.e.f. 9-2-2018). (1) All investments made or held by a
company in any property, security or other asset shall be made and held by it in its own name:
Provided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees of the company, if it is necessary to do so, to ensure that the number of members of the subsidiary company is not reduced below the statutory limit. (2) Nothing in this section shall be deemed to prevent a company-- (a) from depositing with a bank, being the bankers of the company, any shares or securities for the collection of any dividend or interest payable thereon; or (b) from depositing with, or transferring to, or holding in the name of, the State Bank of India or a scheduled bank, being the bankers of the company, shares or securities, in order to facilitate the transfer thereof: Provided that if within a period of six months from the date on which the shares or securities are transferred by the company to, or are first held by the company in the name of, the State Bank of India or a scheduled bank as aforesaid, no transfer of such shares or securities takes place, the company shall, as soon as practicable after the expiry of that period, have the shares or securities retransferred to it from the State Bank of India or the scheduled bank or, as the case may be, again hold the shares or securities in its own name; or (c) from depositing with, or transferring to, any person any shares or securities, by way of security for the repayment of any loan advanced to the company or the performance of any obligation undertaken by it; (d) from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner. (3) Where in pursuance of clause (d) of sub-section (2), any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose. 1[(4) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 38, for sub-section (4) (w.e.f. 21-12-2020).
(1) Except with the consent of the Board of Directors given by a
resolution at a meeting of the Board and subject to such conditions as may be prescribed, no company
shall enter into any contract or arrangement with a related party with respect to--
(a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the company, its subsidiary company or associate company; and (g) underwriting the subscription of any securities or derivatives thereof, of the company: Provided that no contract or arrangement, in the case of a company having a paid-up share capital of not less than such amount, or transactions exceeding such sums, as may be prescribed, shall be entered into except with the prior approval of the company by a 1[resolution]: Provided further that no member of the company shall vote on such 1[resolution], to approve any contract or arrangement which may be entered into by the company, if such member is a related party: 2[Provided also that nothing contained in the second proviso shall apply to a company in which ninety per cent. or more members, in number, are relatives of promoters or are related parties:] Provided also that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arms length basis: 3[Provided also that the requirement of passing the resolution under first proviso shall not be applicable for transactions entered into between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and placed before the shareholders at the general meeting for approval.] Explanation.-- In this sub-section,-- (a) the expression "office or place of profit" means any office or place-- (i) where such office or place is held by a director, if the director holding it receives from the company anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the company anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) Every contract or arrangement entered into under sub-section (1) shall be referred to in the Boards report to the shareholders along with the justification for entering into such contract or arrangement. (3) Where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the Board or approval by a 1[resolution] in the general meeting under sub-section (1) and if it is not ratified by the Board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement 4[shall be voidable at the option of the Board or, as the case may be, of the shareholders] and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the company against any loss incurred by it. (4) Without prejudice to anything contained in sub-section (3), it shall be open to the company to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (5) Any director or any other employee of a company, who had entered into or authorized the contract or arrangement in violation of the provisions of this section shall,-- (i) in case of listed company, be 5[liable to a penalty of twenty-five lakh rupees]; and (ii) in case of any other company, be 6[liable to a penalty of five lakh rupees]].
1. Subs. by Act 21 of 2015, s. 16, for "special resolution" (w.e.f. 29-5-2015).
2. The proviso ins. by Act 1 of 2018, s. 63 (w.e.f. 9-2-2018). 3. The proviso ins. by Act 21 of 2015, s. 16 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 63, for "shall be voidable at the option of the Board" (w.e.f. 9-2-2018). 5. Subs. by Act 29 of 2020, s. 39, for certain words (w.e.f. 21-12-2020). 6. Subs. by s. 39, ibid., for certain words (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)1[3. Definitions.--In this Act, unless the context otherwise requires,--
(a) "competent authority" means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification; (b) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.]
1. Subs. by Act 16 of 1997, s. 3, for section 3 (w.e.f. 24-1-1997).
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Related Section(s)(1) There shall be an Executive Committee of the Board
constituted in the manner prescribed.
(2) The Executive Committee shall exercise such of the powers and perform such of the duties of the Board as may be prescribed, or as the Board may delegate to it. (3) Subject to such control and restrictions as may be prescribed, the Board may constitute other Standing Committee or ad hoc Committees for exercising any power or discharging any duty of the Board or for enquiring into or reporting and advising on any matter which the Board may refer to them. (4) A Standing Committee shall consist exclusively of members of the Board. (5) An ad hoc committee may include persons who are not members of the Board, but their number shall not exceed one half of its strength. 1[25. Imposition Of Cess On Tea Produced In India.--(1) There shall be levied and collected as a
cess for the purposes of this Act a duty of excise of all tea produced in India 2[at such rate not exceeding
fifty paise per kilogram as the Central Government may, by notification in the Official Gazette, fix]:
3[Provided that different rates may be fixed for different varieties or grades of tea having regard to the location of, and the climatic conditions prevailing in, the tea estates or gardens producing such varieties or grades of tea and any other circumstances applicable to such production.] (2) The duty of excise levied under sub-section (1) shall be in addition to the duty of excise leviable on tea under the Central Excises and Salt Act, 1944 (1 of 1944), or any other law for the time being in force. (3) The provisions of the Central Excises and Salt Act, 1944 (1 of 1944), and the rules made thereunder, including those relating to refund and exemption from duty, shall so far as may be, apply in relation to the levy and collection of the duty of excise under this section as they apply in relation to the levy and collection of the duty of excise on tea under the said Act.]
1. Subs. by Act 21 of 1967, s. 4, for s. 25 (w.e.f. 13-8-1967).
2. Subs. by Act 24 of 1986, s. 2, for "at the rate of four paise per kilogram" (w.e.f. 15-8-1986). 3. Subs. by s. 2, ibid., for the proviso (w.e.f. 15-8-1986). The Central Government shall, after consulting the Board and paying due
regard to all interests concerned and to the standard export figure, declare by notification in the Official
Gazette, the export allotment for each financial year:
Provided that the Central Government may by subsequent notification at any time during, the financial year alter the export allotment and thereupon the export allotment as so altered shall be the export allotment for that year. (1) Subject to such conditions as may be prescribed, any tea estate
or any sub-division of a tea estate shall have the right to receive under this Act an export quota for each
financial year.
(2) The export quota of a tea estate, or a sub-division of a tea estate, that is, the total quantity of tea which may be exported by the owner of a tea estate or a sub-division of a tea estate during the financial year, shall be an amount determined by the Board in accordance with such principles as may be prescribed: Provided that when an export allotment is altered under the provisions of section 19, the export quota shall be liable to be altered accordingly. (3) The total export quotas allotted to tea estates and to sub-divisions thereof at any time during any financial year shall not exceed the export allotment for the time being for that year. (1) The owner of a tea estate or a sub-division of a tea estate to which
an export quota has been allotted for any financial year shall have the right to obtain at any time export
licences during that year to cover the export of tea up to the amount of the unexhausted balance of the
quota, that is, up to the amount of the quota less the amount for which the export licences have already
been issued against it.
(2) The right of the owner of a tea estate or a sub-division of a tea estate under this section may be transferred subject to such conditions as may be prescribed, and the transferee of any such right may again transfer the whole or any part of his right to the owner of a tea estate, or a sub-division of a tea estate but not to any other person: Provided that nothing in this sub-section shall operate to restrict the issue of licences for the export of tea expressed to be sold with export rights. (3) The owner of any tea estate or any sub-division of a tea estate to which an export quota has been allotted or any person to whom he has transferred his rights may at any time before the 21st day of March of the financial year to which the quota relates apply in writing to the Board for an export licence to cover the export of tea up to the amount of the amount of the unexhausted balance of the quota. (4) Every licence shall be in duplicate in the prescribed form, shall bear the date of its issue and shall be valid up to the end of the financial year in which it is issued: Provided that, save as provided in section 22, the Board shall not issue any export licence after the end of the financial year in which the application for licence was made. (1) Where tea in respect of which an export licence has been or could
have been granted under this Act has not been exported before the end of the financial year in which the
licence was or could have been issued, the person to whom the licence was or could have been granted
may, before the 14th day of April of the following financial year forward an application to the Board for a
special export licence covering the same quantity of tea, and the Board shall, on receipt of the prescribed
fee, if any, issue a special export licence accordingly.
(2) A person to whom a special export licence has been issued under sub-section (1) may transfer the special export licence with all the rights conferred thereby to a person or persons nominated by him, but a licence once so transferred shall not be further transferable. (3) A special licence shall be in duplicate in the prescribed form, shall bear the date of its issue and shall be valid up to the 31st day of May of the financial year in which it was issued. (4) The quantity of tea covered by a special export licence shall be accounted for against the export quota of the year in which the original licence was or could have been issued under this Act. (5) Notwithstanding anything contained in the foregoing sub-sections the Board may, with the general or special previous sanction of the Central Government, refuse to issue a special export licence or postpone for so long as the Central Government may require the issue of any special export licence. (1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). (1) The Board shall maintain an account of every
export quota showing, in addition to such other particulars as the Board may think fit, the licences issued
against it and the unexhausted balance.
(2) Any owner of a tea estate or a sub-division of a tea estate shall be entitled, on payment of the requisite fee, to a copy of the account relating to his quota certified in the manner laid down in the bylaws made by the Board. (1) With effect from such date as the Central
Government may, by notification in the Official Gazette, specify in this behalf, there shall be established
for the purposes of this Act a Board to be called the Tea Board.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The Board shall consist of a Chairman and such number of other members not exceeding forty as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among persons who are in its opinion capable of representing, (a) owners of tea estates and gardens and growers of tea; (b) persons employed in tea estates and gardens; (c) manufacturers of tea; (d) dealers including both exporters and internal traders of tea; (e) consumers; (f) Parliament; (g) the Governments of the principal tea-growing States; (h) such other persons or class of persons, who, in the opinion of the Central Government, ought to be represented on the Board. 1[(3A) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.] (4) The number of persons to be appointed as members from each of the categories specified in subsection (3), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board shall be such as may be prescribed. (5) Any officer of the Central Government when deputed by that Government in this behalf shall have the right to attend meetings of the Board and take part in the proceedings thereof but shall not be entitled to vote.
1. Ins. by Act 52 of 1954, s. 2 (w.e.f. 25-12-1954).
(1) The Central Government shall appoint--
1[(a) a Deputy Chairman to the Board who shall assist the Chairman in the performance of his duties and exercise such of the powers and perform such of the duties as may be prescribed or as may be delegated to him by the Board or by a Committee constituted by the Board under section 8 or by the Chairman; 2[(aa)] a Secretary to the Board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board or the chairman. (b) all other officers of the Board drawing 3[a salary exceeding rupees one thousand seven hundred per month.] (2) Subject to such control and restrictions as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time. (3) The Chairman, 4[Deputy Chairman, Secretary and other employees] of the Board shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government.
1. Ins. by Act 32 of 1977, s. 2 (w.e.f.12-8-1977).
2. Clause (a) re-lettered as clause (aa) by s. 2, ibid. (w.e.f.12-8-1977). 3. Subs. by s. 2, ibid., for certain words (w.e.f. 12-8-1977). 4. Subs. by Act 32 of 1977, s. 2, for "Secretary and other employees" (w.e.f. 12-8-1977). (1) Subject to the provisions contained in
sections 15 and 16, the total area of land in respect of which the permission referred to in section 12 may
be granted, shall not exceed such area as may be determined by the Board under the general instructions
of the Central Government.
(2) The total area of land in any State in respect of which such permission may be granted shall be such as may be determined by the Board: Provided that the Board may vary the total area so determined for any State in order to increase or diminish for another State the area in respect of which such permission may be granted by an amount corresponding to the extent to which the area in the first mentioned State has been diminished or increased. (3) The Board shall publish the total area determined for India as well as the total areas determined for the various States by notification in the Official Gazette of the Central Government as soon as may be after the commencement of this Act and shall in like manner publish any subsequent variation of such total areas. (1) No tea shall be exported unless covered by a licence
issued by or on behalf of the Board.
(2) No tea seed shall be exported unless covered by a permit issued by or on behalf of the Central Government. (3) No tea or tea seed shall be taken by land, sea or air out of any State to any of the 1*** Portuguese Settlements bounded by India, unless covered by a permit issued by or on behalf of the Board.
1. The words "French or" omitted by the A.O. (No. 3), 1956 (w.e.f. 1-11-1956).
The proceeds of the cess levied under sub-section
(1) of section 25 shall first be credited to the Consolidated Fund of India, and the Central Government
may thereafter, from time to time, pay to the Board from and out of such proceeds such sums of money as
it may think fit after deducting the expenses of collection.
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying 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 service of notices or orders issued or made under this Act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or other association; (b) the procedure to be followed by the Tribunal or a District Judge in holding any inquiry or disposing of any application under this Act; (c) determination of the price of the forfeited property under sub-section (2) of section 28; (d) the procedure for admission and disposal of an application under sub-section (3) of section 36; (e) the qualifications of the members of the Review Committee under sub-section (2) of section 37; and 1[(ee) the time within which sanction for prosecution and recommendation to the Central Government shall be given under sub-section (2) of section 45, and] (f) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 35 of 2008, s. 15 (w.e.f. 31-12-2008).
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Related Section(s)The Tribunal shall present annually a report to the Central
Government of all its proceedings under this Chapter.
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Related Section(s)The
Central Government may, by notification, in consultation with the Bureau,--
(a) specify the norms for processes and energy consumption standards for any equipment, 1 [appliance, vehicle, vessel, industrial unit, building or establishment which consumes, generates, transmits or supplies energy; ] (b) specify equipment or appliance 2 [or vehicle, vessel, industrial unit, building or establishment ] or class of equipments or appliances, as the case may be, for the purposes of this Act; 3[(c) prohibit manufacture or import of any equipment or appliance or vehicle or vessel specified under clause (b), unless it conforms to energy consumption standards specified under clause (a): Provided that an industrial unit specified under clause (b) shall close its operations unless it conforms to the norms for processes or energy consumption standards specified under clause (a): Provided further that from the date of notification of norms for processes and energy consumption standards under clause (a), no notification prohibiting such manufacture or import shall be issued–– (i) within a period of six months in the case of equipment or appliance or vehicle or vessel; and (ii) within a period of two years for closure of industrial unit: Provided also that the Central Government may, having regard to the market share and the technological development having impact on equipment or appliance or vehicle or vessel, and for reasons to be recorded in writing, extend the said period of six months referred to above, by a further period not exceeding six month;] (d) direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations; (e) specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, 4[any user or class of users of energy in the energy intensive industries and other establishments as specified in the Schedule as a designated consumer] for the purposes of this Act; (f) alter the list of Energy Intensive Industries 5[and other establishments ] specified in the Schedule; (g) establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary: Provided that the Central Government may prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed; (h) direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under clause (a), the Energy Intensive Industries 6and other establishments] specified in the Schedule to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (i) direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor; (j) specify the matters to be included for the purposes of inspection under sub-section (2) of section 17; (k) direct any designated consumer to furnish to the designated agency, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor; (l) direct any designated consumer to designate or appoint 7[energy auditor or energy manager ] in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of every financial year to the designated agency; (m) prescribe minimum qualification for 8[energy auditors and energy managers] to be designated or appointed under clause (l); (n) direct every designated consumer to comply with energy consumption norms and standards; (o) direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause (g), to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view the economic viability of the investment in 9[such form, the time within which and the manner] as may be prescribed; (p) prescribe 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation in the building or building complex; (q) amend the 9[energy conservation and sustainable building codes] to suit the regional and local climatic conditions; (r) direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of 9[energy conservation and sustainable building codes] for efficient use of energy and its conservation; (s) direct, any designated consumer referred to in clause (r), if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations; (t) take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation; (u) arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation; (v) take steps to encourage preferential treatment for use of energy efficient equipment or appliances: 10 [(w) specify the carbon credit trading scheme; (x) specify minimum share of consumption of non-fossil sources by designated consumers as energy or feedstock, provided different share of consumption may be specified for different types of non-fossil sources for different designated consumers;] Provided that the powers under clauses (p) to (s) shall be exercised in consultation with the concerned State.
1. Subs. by Act 19 of 2022, s. 6, for “appliance” (w.e.f. 1-1-2023).
2. Ins. by s. 6, ibid. (w.e.f. 1-1-2023).
3. Subs. by s. 6, ibid., for clause (c) (w.e.f. 1-1-2023).
4. Subs. by Act 28 of 2010, s. 6, for “any user or class of users of energy as a designated consumer” (w.e.f. 24-8-2010). 5. Ins. by Act 19 of 2022, s. 6, (w.e.f. 1-1-2023). 6. Subs. by s. 6, ibid., for “energy manager” (w.e.f. 1-1-2023). 7. Subs. by Act 28 of 2010, s. 6, for “energy managers” (w.e.f. 24-8-2010). 8. Subs. by s. 6, ibid., for “such form and manner” (w.e.f. 24-8-2010). 9. Subs. by Act 19 of 2022, s. 6, for “energy conservation building codes” (w.e.f. 1-1-2023). 10. Ins. by s. 6, ibid. (w.e.f. 1-1-2023). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) such number of persons to be appointed as members by the Central Government under clauses (o), (p) and (q) of sub-section (2) of section 4; (b) the fee and allowances to be paid to the members under sub-section (5) of section 4; (c) the salary and allowances payable to the Director-General and other terms and conditions of his service and other terms and conditions of service of the Secretary of the Bureau under sub-section (4) of section 9; (d) the terms and conditions of service of officers and other employees of the Bureau under sub-section (2) of section 10; (e) performing such other functions by the Bureau, as may be prescribed, under clause (u) of sub-section (2) of section 13; (f) the energy consumption norms and standards for designated consumers under clause (g) of section 14; (g) prescribing the different norms and standards for different designated consumers under the proviso to clause (g) of section 14; (h) the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause (k) of section 14; (i) the form and manner in which the status of energy consumption be submitted under clause (i) of section 14; (j) the minimum qualifications for 1[energy auditors and energy managers] under clause (m) of section 14; (k) the form and manner for preparation of scheme and its implementation under clause (o) of section 14; (l) the 2[energy conservation and sustainable building codes] under clause (p) of section 14;; 3[(la) prescribing the procedure for issuing the energy savings certificate under sub-section (1) of section 14A; (laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;] (m) the matters relating to inspection under sub-section (2) of section 17; (n) the form in which, and the time at which, the Bureau shall prepare its budget under section 22; (o) the form in which, and the time at which, the Bureau shall prepare its annual report under section 23; (p) the form in which the accounts of the Bureau shall be maintained under section 25; (q) the manner of holding inquiry under sub-section (1) of section 27; (r) the form and fee for filing appeal under sub-section (2) of section 31; 3* * * * * (v) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules.
1. Subs. by Act 28 of 2010, s. 13, for "energy managers" (w.e.f. 24-8-2010).
2. Subs. by Act 19 of 2022, s. 16, for "energy conservation building codes" (w.e.f. 1-1-2023). 3. Ins. by Act 28 of 2010, s. 13, (w.e.f. 24-8-2010). 4. Cls. (s), (t) and (u) omitted by s. 13, ibid. (w.e.f. 24-8-2010). (1) With effect from such
date as the Central Government may, by notification, appoint, there shall be established, for the purposes
of this Act, a Bureau to be called the Bureau of Energy Efficiency.
(2) The Bureau shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the Bureau shall be at Delhi. (4) The Bureau may establish offices at other places in India. | ||||||||||||||||
Related Section(s)(1) This Act may be called the 1[Van (Sanrakshan
Evam Samvardhan) Adhiniyam], 1980.
(2) It extends to the whole of India 2***. (3) It shall be deemed to have come into force on the 25th day of October, 1980.
1. Subs. by s. 3, ibid., for "Forest (Conservation) Act" (w.e.f. 1-12-2023).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)1[(1) Subject to the provisions of this section and such other
conditions and restrictions as may be prescribed, the Central Government may, on an application
made in this behalf, register as a citizen of India any person not being an illegal migrant who is not
already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to
any of the following categories, namely:--
(a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India; (c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6; (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and 2[is ordinarily resident in India for twelve months] immediately before making an application for registration; (g) a person of full age and capacity who has been registered as an 3[Overseas Citizen of India Cardholder] for five years, and who 4[is ordinarily resident in India for twelve months] before making an application for registration. Explanation 1.--For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if-- (i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and (ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years. Explanation 2.--For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.] 5[(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), up to a maximum of thirty days which may be in different breaks.] (2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule. (3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government. (4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India. (5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 6[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.].
1. Subs. by Act 6 of 2004, s. 5, for sub-section (1) (w.e.f. 3-12-2004).
2. Subs. by Act 1 of 2015, s. 3, for "has been residing in India for one year" (w.e.f. 6-1-2015). 3. Subs. by s. 3, ibid., for "Overseas Citizen of India" (w.e.f. 6-1-2015). 4. Subs. by s.3, ibid., for "has been residing in India for one year" (w.e.f. 6-1-2015). 5. Ins. by Act 1 of 2015, s. 3 (w.e.f. 6-1-2015). 6. Ins. by Act 6 of 2004, s. 5 (w.e.f. 3-12-2004) 1[(1) A person born outside India shall be a citizen of India by
descent,--
(a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth: Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless-- (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under a Government in India: Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless-- (a) his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) either of his parents is, at the time of his birth, in service under a Government in India: Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,-- (i) within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 2003(6 of 2004), whichever is later; or (ii) with the permission of the Central Government, after the expiry of the said period: Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country. (1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.] (2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration. (3) For the purposes of the proviso to sub-section @I@(1)@/I@, 2[any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only.
1. Subs. by s. 4,ibid., for sub-section (1) (w.e.f. 3-12-2004)
2. Subs. by Act 39 of 1992, s. 2, for "any male person".
(1) Where an application is made in the prescribed manner by
any person of full age and capacity 1[not being an illegal migrant] for the grant of a certificate of
naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for
naturalisation under the provisions of the Third Schedule, grant to him a certificate of naturalisation:
Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule. (2) The person to whom a certificate of naturalisation is granted under sub-section (1) shall, on taking the oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalisation as from the date on which that certificate is granted.
1. Subs. by s. 6, ibid., for "who is not a citizen of a country specified in the First Schedule" (w.e.f. 3-12-2004).
(1) The Central Government may, by notification in the Official
Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 2[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 3[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 4[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 5[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 [Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both]. 7 [(4) Every rule made under this section 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 session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].
1. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).
2. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 3. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 4. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 5. The proviso ins. by Act 6 of 2004, s. 15 (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986) | ||||||||||||||||
Related Section(s)- (1) This Act may be called the Rajasthan State Highways Act, 2014.
(2) It extends to the State of Rajasthan.
(3) Itshall come into force on such date, as the State Government may, by notification
in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision:
Provided further that the state Government shall appoint such date for
commencement of the provisions of section 5 to 15 and sub-section (6) of section 60, after
inclusion of this Act in the fourth Schedule of the Land Acquisition Act, 2013 under subsection (2) of section 105 thereof.;
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Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Copyright Act, 1957.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 21st January, 1958, vide notification No. 269, dated 21st January 1958, see Gazette of India, Extraordinary, Part II, sec. 3
11. [Appellate Board].--Omitted by the Tribunal Reforms Act, 2021 (33 of 2021), s. 10 (w.e.f. 4-4-2021).
| ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may--
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 1[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All 2[certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such 2[certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 3[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of-- (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.]
1. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023).
2. Subs. by s. 13, ibid., for "extracts" (w.e.f. 1-10-2023). 3. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). (1) The
1[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this
behalf, cause to be registered information as to births and deaths of citizens of India outside India received by
him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship
Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
1. Subs. by s. 2, ibid., for "Registrar-General" (w.e.f. 1-10-2023)
The State Government may, by notification in the Official Gazette,
divide the territory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(1) In this Act, unless the context otherwise requires,--
1[(a) "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (aa) "adoption" shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] "birth" means live-birth or still-birth; 1[(b) "database" means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] "death" means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) "foetal death" means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) "live-birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) "prescribed" means prescribed by rules made under this Act; (f) "State Government", in relation to a Union territory, means the Administrator thereof; (g) "still-birth" means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023).
2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). (1) No suit, prosecution or other legal proceeding
shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising
any power or performing any duty under this Act for anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for-- (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). (1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act. If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal
entry and add thereto the date of the correction or cancellation.
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Related Section(s)(1) A Tribunal shall consist of one person only (hereinafter referred
to as the Presiding Officer) to be appointed, by notification, by the Central Government.
1[(2) Notwithstanding anything contained in sub-section (1), the Central Government may-- (a) authorise the Presiding Officer of any other Tribunal established under any other law for the time being in force to discharge the function of the Presiding Officer of a Debt Recovery Tribunal under this Act in addition to his being the Presiding Officer of that Tribunal; or (b) authorise the judicial Member holding post as such in any other Tribunal, established under any other law for the time being in force, to discharge the functions of the Presiding Officer of Debts Recovery Tribunal under this Act, in addition to his being the judicial Member of that Tribunal.]
1 Subs. by Act 44 of 2016, s. 27, for sub-section (2) (w.e.f. 1-9-2016).
(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) A Special Economic
Zone may be established under this Act, either jointly or severally by the Central Government, State
Government, or any person for manufacture of goods or rendering services or for both or as a Free Trade
and Warehousing Zone.
(2) Any person, who intends to set up a Special Economic Zone, may, after identifying the area, make a proposal to the State Government concerned for the purpose of setting up the Special Economic Zone. (3) Notwithstanding anything contained in sub-section (2), any person, who intends to set up a Special Economic Zone, may, after identifying the area, at his option, make a proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that where such a proposal has been received directly from a person under this sub-section, the Board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the State Government within the period, as may be prescribed. (4) In case a State Government intends to set up a Special Economic Zone, it may after identifying the area, forward the proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that the Central Government may,-- (a) after consulting the State Government concerned; (b) without referring the proposal for setting up the Special Economic Zone to the Board; and (c) after identifying the area, suo motu set up and notify the Special Economic Zone. (5) Every proposal under sub-sections (2) to (4) shall be made in such form, and, manner, containing such particulars as may be prescribed. (6) The State Government may, on receipt of the proposal made under sub-section (2), forward the same together with its recommendations to the Board within such period as may be prescribed. (7) Without prejudice to the provisions contained in sub-section (8), the Board may, after receipt of the proposal under sub-sections (2) to (4), approve the proposal subject to such terms and conditions as it may deem fit to impose, or modify or reject the proposal. (8) The Central Government may prescribe the following requirements for establishment of a Special Economic Zone, namely:-- (a) the minimum area of land and other terms and conditions subject to which the Board shall approve, modify or reject any proposal received by it under sub-sections (2) to (4); and (b) the terms and conditions, subject to which the Developer shall undertake the authorised operations and his obligations and entitlements: Provided that different minimum area of land and other terms and conditions referred to in clause (a) may be prescribed by the Central Government for a class or classes of Special Economic Zones. (9) If the Board,-- (a) approves without any modification the proposal received under sub-sections (2) to (4), it shall communicate the same to the Central Government; (b) approves with modifications the proposal received under sub-sections (2) to (4), it shall, communicate such modifications to the person or the State Government concerned and if such modifications have been accepted by such person or State Government, the Board shall communicate the approval to the Central Government; (c) rejects the proposal received under sub-sections (2) to (4), it shall record the reasons therefor and communicate the rejection to the Central Government which shall intimate to the State Government or the person concerned. (10) The Central Government shall, on receipt of communication under clause (a) or clause (b) of sub-section (9), grant, within such time as may be prescribed, a letter of approval on such terms and conditions and obligations and entitlements as may be approved by the Board, to the Developer, being the person or the State Government concerned: Provided that the Central Government may, on the basis of approval of the Board, approve more than one Developer in a Special Economic Zone in cases where one Developer does not have in his possession the minimum area of contiguous land, as may be prescribed, for setting up a Special Economic Zone and in such cases, each Developer shall be considered as a Developer in respect of the land in his possession. (11) Any person who, or a State Government which, intends to provide any infrastructure facilities in the identified area referred to in sub-sections (2) to (4), or undertake any authorised operation may, after entering into an agreement with the Developer referred to in sub-section (10), make a proposal for the same to the Board for its approval and the provisions of sub-section (5) and sub-sections (7) to (10) shall, as far as may be, apply to the said proposal made by such person or the State Government. (12) Every person or the State Government referred to in sub-section (11), whose proposal has been approved by the Board and who, or which, has been granted letter of approval by the Central Government, shall be considered as a Co-Developer of the Special Economic Zone. (13) Subject to the provisions of this section and the letter of approval granted to a Developer, the Developer may allocate space or built up area or provide infrastructure services to the approved Units in accordance with the agreement entered into by him with the entrepreneurs of such Units. (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the infrastructure facilities necessary for the development of the Special Economic Zones under clause (p) and services in the Special Economic Zones under clause (z) of section 2; (b) the period within which the person concerned shall obtain the concurrence of the State Government under sub-section (3) of section 3; (c) the form and the manner in which a proposal may be made and the particulars to be contained therein under sub-section (5) of section 3; (d) the period within which the State Government may forward the proposal together with its recommendation under sub-section (6) of section 3; (e) the requirements subject to which the Board may approve, modify or reject the proposal under sub-section (8) of section 3; (f) the period within which the grant of letter of approval shall be communicated to the State Government or Developer or entrepreneur under sub-section (10) of section 3; (g) the other requirements for notifying the specifically identified area in a State as a Special Economic Zone under sub-section (1) of section 4; (h) the terms, conditions and limitations subject to which the goods or services exported out of, or imported into, or procured from the Domestic Tariff Area to, a Special Economic Zone, be exempt from payment of taxes, duties, or cess under section 7; (i) the procedure for transfer of letter of approval in case of suspension of letter of approval of a Developer under clause (a) of sub-section (9) of section 10; (j) the form and the manner in which a proposal may be submitted and the particulars to be contained therein under sub-section (1) of section 15; (k) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 15; (l) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 15; (m) the procedure for disposing of an appeal under sub-section (7) of section 15; (n) the requirements (including the period for which a Unit may be set up) subject to which the proposal may be approved, modified or rejected under clause (a) of sub-section (8) of section 15; (o) the terms and conditions for the Unit subject to which it shall undertake authorised operations under clause (b) of sub-section (8) of section 15 and the obligations and entitlements of the Unit; (p) the time within which a person aggrieved by the order of the Approval Committee may prefer an appeal under sub-section (4) of section 16; (q) the form in which the appeal shall be made and the fees for making such appeal under sub-section (6) of section 16; (r) the procedure for disposing of an appeal under sub-section (7) of section 16; (s) the form and the manner in which an application may be made for setting up of an Offshore Banking Unit in a Special Economic Zone under sub-section (1) of section 17; (t) the requirements for setting up and operation of an International Financial Services Centre in a Special Economic Zone under sub-section (1) of section 18; (u) the requirements and terms and conditions subject to which a Unit in the International Financial Services Centre may be set up and operated in a Special Economic Zone under sub-section (2) of section 18; (v) the form of single application for obtaining any licence, permission or registration or approval under clause (a) of section 19; (w) the form of single return or information to be furnished by an entrepreneur or Developer under clause (c) of section 19; (x) the manner in which and the terms and conditions subject to which the exemptions, concessions, draw back or other benefits shall be granted to every Developer and entrepreneur under sub-section (2) of section 26; (y) the period during which any goods brought into, or services provided in, any Special Economic Zone shall remain or continue to be provided in such Unit or Special Economic Zone under section 28; (z) the terms and conditions subject to which transfer of ownership in any goods brought into, or produced or manufactured in, any Unit or Special Economic Zone, or removal thereof from such Unit or Zone, shall be allowed under section 29; (za) the conditions subject to which the Units shall be entitled to sell the goods manufactured in a Special Economic Zone to the Domestic Tariff Area under section 30; (zb) the term of office of the Members, other than ex officio Members, of every Authority and the manner of filling of vacancies under sub-section (6) of section 31; (zc) the manner in which and the conditions subject to which and the purposes for which any person may be associated under sub-section (7) of section 31; (zd) the times and the places of meetings and the procedure to be followed in the transaction of business at the meetings under sub-section (10) of section 31; (ze) the powers and the functions of every Development Commissioner under sub-section (1) of section 32; (zf) the method of appointment of officers and other employees of every Authority, conditions of their service and the scale of pay and allowances under sub-section (3) of section 32; (zg) the other functions to be performed by the Authority under clause (e) of sub-section (2) of section 34; (zh) the form in which the accounts and other relevant records of every Authority shall be maintained and annual statement of accounts shall be prepared under sub-section (1) of section 37; (zi) the form and the manner in which and the time at which every Authority shall furnish returns and statements and other particulars to the Central Government under sub-section (1) of section 39; (zj) the form in which and the date before which every Authority shall furnish to the Central Government the report of its activities, policy and programmes under sub-section (2) of section 39; (zk) the form in which and the particulars to be contained in the identity cards under section 46; (zl) any other matter which, is to be, or may be, prescribed. (3) Every rule made by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)The Tribunal shall present annually a report to the Central
Government of all its proceedings under this Chapter.
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Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. If any depositor becomes insane or otherwise
incapable of managing his affairs,
and if such insanity or incapacity is proved to the satisfaction of the 1[Authorised Officer] of the 2[Government Savings Bank] in which his deposit may be, such 1[Authorised Officer] may, from time to time, make payments out of the deposit to 3[guardian], and the receipt of 4[such guardian], for money paid under this section, shall be a sufficient discharge therefor, Where a committee or manager of the depositor’s estate has been duly appointed, 5[payments shall be be made t] such committee or manager.
1. Subs. by Act 13 of 2018, s. 116, for "Secretary" (w.e.f. 1-4-2018).
2. Subs. by s. 127, ibid., for "Bank" (w.e.f. 1-4-2018). 3. Subs. by s. 127, ibid., for "any proper person" (w.e.f. 1-4-2018). 4. Subs. by s. 127, ibid., for "such person" (w.e.f. 1-4-2018). 5. Subs. by s. 127, ibid., for "nothing in this section authorises payments to any person other than" (w.e.f. 1-4-2018). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). (1) This Act may be called the Cinematograph
Act, 1952.
(2) Parts I, II and IV extends to the whole of India 1* * * and Part III extends to 2 [the Union territories] only. (3) This Act shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint: 4* * * * * STATE AMENDMENTS Ladakh (UT).-- Section 1.---In sub-section (3), omit the proviso. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
1. The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1973, s. 2.
2. Subs. by Act 3 of 1959, s. 2, for "Part C States". 3. 28th July, 1952, Information and Broadcasting Ministry's Notification No. S.R.O. 1066, dated the 10th June, 1952, see Gazette of India, 1952, Part II, s. 3. 4. The Proviso omitted by Act 12 of 2023, s. 3 (w.e.f. 11-8-2023). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)1[9B. District Mineral Foundation.--(1) In any district affected by mining related operations, the
State Government shall, by notification, establish a trust, as a non-profit body, to be called the District
Mineral Foundation.
(2) The object of the District Mineral Foundation shall be to work for the interest and benefit of persons, and areas affected by mining related operations in such manner as may be prescribed by the State Government. (3) The composition and functions of the District Mineral Foundation shall be such as may be prescribed by the State Government. 2[Provided that the Central Government may give directions regarding composition and utilisation of fund by the District Mineral Foundation.] (4) The State Government while making rules under sub-sections (2) and (3) shall be guided by the provisions contained in article 244 read with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996) and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007). (5) The holder of a mining lease or a 3[composite licence] granted on or after the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 4[,other than those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the Second Schedule, not exceeding one-third of such royalty, as may be prescribed by the Central Government. (6) The holder of a mining lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 5[and those covered under the provisions of sub-section (2) of section 10A], shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the Second Schedule in such manner and subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the Central Government.]
1. Ins. by Act 10 of 2015, s. 9 (w.e.f. 12-1-2015).
2. Ins. by Act 16 of 2021, s. 10 (w.e.f. 28-3-2021). 3. Subs. by Act 16 of 2021, s. 2, for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021). 4. Ins. by s. 10, ibid. (w.e.f. 28-3-2021). 5. Ins. by s. 10, ibid (w.e.f. 28-3-2021). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)All fees, charges and other sums received by
any Registrar, Additional, Joint, Deputy or Assistant Registrar or any other officer of the Central
Government in pursuance of any provision of this Act shall be paid into the public account of India in the
Reserve Bank of India.
(1) Save as
otherwise provided elsewhere in this Act, any person may--
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed: Provided that the rights conferred by this sub-section shall be exercisable-- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government. (2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal. (3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document. (1) Any document, required to be submitted, filed, registered or recorded,
or any fact or information required or authorised to be registered under this Act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:
1[Provided that where any document, fact or information required to be submitted, filed, registered or recorded, as the case may be, under section 92 or 137 is not submited, filed, registered or recorded, as the case may be, within the period provided in those sections, without prejudice to any other legal action or liability under this Act, it may be submitted, filed, registered or recorded, as the case may be, after expiry of the period so provided in those sections, on payment of such additional fee as may be prescribed, which shall not be less than one hundred rupees per day and different amounts may be prescribed for different classes of companies:] 2[Provided further that where the document, fact or information, as the case may be, in cases other than referred to in the first proviso, is not submitted, filed, registered or recorded, as the case may be, within the period provided in the relevant section, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded as the case may be, on payment of such additional fee as may be prescribed and different fees may be prescribed for different classes of companies: 3[Provided also that where there is default on two or more occasions in submitting, filing, registering or recording of such document, fact or information, as may be prescribed, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded, as the case may be, on payment of such higher additional fee, as may be prescribed.]] 4[(2) Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the relevant section, the company and the officers of the company who are in default, shall, without prejudice to the liability for the payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.]
1. Subs. by Act 1 of 2018, s. 80, for the first proviso (w.e.f. 7-5-2018).
2. Subs. by, s. 80, ibid, for second and third proviso (w.e.f. 1-7-2022). 3. Subs. by Act 29 of 2020, s. 56, for the third proviso (w.e.f. 1-7-2022). 4. Subs. by Act 1 of 2018, s. 80, for sub-section (2) (w.e.f. 7-5-2018). (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) For the purposes of exercising such powers and discharging such
functions as are conferred on the Central Government by or under this Act or under the rules made
thereunder and for the purposes of registration of companies under this Act, the Central Government
shall, by notification, establish such number of offices at such places as it thinks fit, specifying their
jurisdiction.
(2) The Central Government may appoint such Registrars, Additional, Joint, Deputy and Assistant Registrars as it considers necessary for the registration of companies and discharge of various functions under this Act, and the powers and duties that may be exercisable by such officers shall be such as may be prescribed. (3) The terms and conditions of service, including the salaries payable to persons appointed under sub-section (2), shall be such as may be prescribed. (4) The Central Government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companies. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)Where the Central Government is of the opinion that it is necessary or
expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such
conditions, if any, as it may specify in the notification,--
(a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification in the Official Gazette, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the Council; (b) control over and application of the Central 1[Waqf] Fund; (c) the form and manner in which accounts of the Council may be maintained. (3) Every rule made by the Central Government under this Chapter 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 third 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under the rule.
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)All fees, charges and other sums received by
any Registrar, Additional, Joint, Deputy or Assistant Registrar or any other officer of the Central
Government in pursuance of any provision of this Act shall be paid into the public account of India in the
Reserve Bank of India.
(1) Save as
otherwise provided elsewhere in this Act, any person may--
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed: Provided that the rights conferred by this sub-section shall be exercisable-- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government. (2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal. (3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document. (1) Any document, required to be submitted, filed, registered or recorded,
or any fact or information required or authorised to be registered under this Act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:
1[Provided that where any document, fact or information required to be submitted, filed, registered or recorded, as the case may be, under section 92 or 137 is not submited, filed, registered or recorded, as the case may be, within the period provided in those sections, without prejudice to any other legal action or liability under this Act, it may be submitted, filed, registered or recorded, as the case may be, after expiry of the period so provided in those sections, on payment of such additional fee as may be prescribed, which shall not be less than one hundred rupees per day and different amounts may be prescribed for different classes of companies:] 2[Provided further that where the document, fact or information, as the case may be, in cases other than referred to in the first proviso, is not submitted, filed, registered or recorded, as the case may be, within the period provided in the relevant section, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded as the case may be, on payment of such additional fee as may be prescribed and different fees may be prescribed for different classes of companies: 3[Provided also that where there is default on two or more occasions in submitting, filing, registering or recording of such document, fact or information, as may be prescribed, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded, as the case may be, on payment of such higher additional fee, as may be prescribed.]] 4[(2) Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the relevant section, the company and the officers of the company who are in default, shall, without prejudice to the liability for the payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.]
1. Subs. by Act 1 of 2018, s. 80, for the first proviso (w.e.f. 7-5-2018).
2. Subs. by, s. 80, ibid, for second and third proviso (w.e.f. 1-7-2022). 3. Subs. by Act 29 of 2020, s. 56, for the third proviso (w.e.f. 1-7-2022). 4. Subs. by Act 1 of 2018, s. 80, for sub-section (2) (w.e.f. 7-5-2018). (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) For the purposes of exercising such powers and discharging such
functions as are conferred on the Central Government by or under this Act or under the rules made
thereunder and for the purposes of registration of companies under this Act, the Central Government
shall, by notification, establish such number of offices at such places as it thinks fit, specifying their
jurisdiction.
(2) The Central Government may appoint such Registrars, Additional, Joint, Deputy and Assistant Registrars as it considers necessary for the registration of companies and discharge of various functions under this Act, and the powers and duties that may be exercisable by such officers shall be such as may be prescribed. (3) The terms and conditions of service, including the salaries payable to persons appointed under sub-section (2), shall be such as may be prescribed. (4) The Central Government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companies. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
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Related Section(s)1[28A. Power of Central Government to make rules.--2[(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(1A) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure to be followed in making applications under section 20A and the fees payable in respect of such application; (b) the qualifications and experience of persons to be appointed as Chief Inspectors, Deputy Chief Inspectors and Inspectors; (c) the manner in which appeals may be preferred to the Board, the fees payable in respect of appeals and the procedure to be followed of disposing such appeals; (d) the term of office of the members and the manner in which they shall be nominated under clauses (b) and (c) of sub-section (2) of section 27A; (e) the qualifications and experience of the Technical Adviser; (f) for requiring boilers to be under the charge of persons holding certificate of proficiency or competency and for prescribing the conditions on which such certificate may be granted; (g) the manner in which and the person who shall conduct inquiry into the accident.] (2) Every rule 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 3[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Ins. by Act 18 of 1960, s. 16.
2. Subs. by Act 49 of 2007, s. 26, for sub-section (1) (w.e.f. 27-5-2008). 3. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). An Appellate Tribunal shall consist of one person only
(hereinafter referred to as 1[the Chairperson of the Appellate Tribunal]) to be appointed, by notification,
by the Central Government.
1 . Subs. by s. 2, ibid., for "the Presiding Officer of the Appellate Tribunal" (w.e.f. 17-1-2000).
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Related Section(s)(1) Where a share capital of the company is divided into
different classes of shares, the rights attached to the shares of any class may be varied with the consent in
writing of the holders of not less than three-fourths of the issued shares of that class or by means of a
special resolution passed at a separate meeting of the holders of the issued shares of that class,--
(a) if provision with respect to such variation is contained in the memorandum or articles of the company; or (b) in the absence of any such provision in the memorandum or articles, if such variation is not prohibited by the terms of issue of the shares of that class: Provided that if variation by one class of shareholders affects the rights of any other class of shareholders, the consent of three-fourths of such other class of shareholders shall also be obtained and the provisions of this section shall apply to such variation. (2) Where the holders of not less than ten per cent. of the issued shares of a class did not consent to such variation or vote in favour of the special resolution for the variation, they may apply to the Tribunal to have the variation cancelled, and where any such application is made, the variation shall not have effect unless and until it is confirmed by the Tribunal: Provided that an application under this section shall be made within twenty-one days after the date on which the consent was given or the resolution was passed, as the case may be, and may be made on behalf of the shareholders entitled to make the application by such one or more of their number as they may appoint in writing for the purpose. (3) The decision of the Tribunal on any application under sub-section (2) shall be binding on the shareholders. (4) The company shall, within thirty days of the date of the order of the Tribunal, file a copy thereof with the Registrar. 1* * * * *
1. Sub-section (5) omitted by Act 29 of 2020, s. 8 (w.e.f. 21-12-2020).
In this Act, unless the context otherwise requires,--
(1) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf; (2) "accounting standards" means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133; (3) "alter" or "alteration" includes the making of additions, omissions and substitutions; (4) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410; (5) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act; (6) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company. 1[Explanation.-- For the purpose of this clause,-- (a) the expression "significant influence" means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement; (b) the expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;] (7) "auditing standards" means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143; (8) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company; (9) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10) "Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company; (11) "body corporate" or "corporation" includes a company incorporated outside India, but does not include-- (i) a co-operative society registered under any law relating to co-operative societies; and (ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf; (12) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form; (13) "books of account" includes records maintained in respect of-- (i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place; (ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and (iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section; (14) "branch office", in relation to a company, means any establishment described as such by the company; (15) "called-up capital" means such part of the capital, which has been called for payment; (16) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage; (17) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act; (18) "Chief Executive Officer" means an officer of a company, who has been designated as such by it; (19) "Chief Financial Officer" means a person appointed as the Chief Financial Officer of a company; (20) "company" means a company incorporated under this Act or under any previous company law; (21) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; (22) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them; 2[(23) "Company Liquidator" means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;] (24) "company secretary" or "secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act; (25) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (26) "contributory" means a person liable to contribute towards the assets of the company in the event of its being wound up. Explanation.--For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory; (27) "control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner; 3[(28) "Cost Accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;] (29) "court" means-- (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii); (ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district; (iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law; (iv) the Special Court established under section 435; (v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law; (30) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not: 4[Provided that-- (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company, shall not be treated as debenture;] (31) "deposit" includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India; (32) "depository" means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); (33) "derivative" means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (34) "director" means a director appointed to the Board of a company; (35) "dividend" includes any interim dividend; (36) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form; (37) "employees stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price; (38) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force; (39) "financial institution" includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934 (2 of 1934); (40) "financial statement" in relation to a company, includes-- (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up: 5[Provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year: Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement;] 6[Provided also that] a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; (42) "foreign company" means any company or body corporate incorporated outside India which-- (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner; (43) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that-- (i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or (ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves; (44) "Global Depository Receipt" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts; (45) "Government company" means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company; (46) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies; 7[Explanation.-- For the purposes of this clause, the expression "company" includes any body corporate;] (47) "independent director" means an independent director referred to in sub-section (6) of section 149; (48) "Indian Depository Receipt" means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts; 8* * * * * (50) "issued capital" means such capital as the company issues from time to time for subscription; (51) "key managerial personnel", in relation to a company, means-- (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; 9*** 10[(v) such other officer, not more than one level below the directors who is in whole-time employment, designated as key managerial personnel by the Board; and (vi) such other officer as may be prescribed;] (52) "listed company" means a company which has any of its securities listed on any recognised stock exchange; 11 [Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies.] (53) "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not; (54) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of managing director, by whatever name called. Explanation.--For the purposes of this clause, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management; (55) "member", in relation to a company, means-- (i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members; (ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company; (iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository; (56) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; (57) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits 12[, securities premium account and debit or credit balance of profit and loss account,] after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; (58) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (59) "officer" includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity; (vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance; (vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; (61) "Official Liquidator" means an Official Liquidator appointed under sub-section (1) of section 59; (62) "One Person Company" means a company which has only one person as a member; (63) "ordinary or special resolution" means an ordinary resolution, or as the case may be, special resolution referred to in section 114; (64) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called; (65) "postal ballot" means voting by post or through any electronic mode; (66) "prescribed" means prescribed by rules made under this Act; (67)"previous company law" means any of the laws specified below:-- (i) Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866); (ii) the Indian Companies Act, 1866 (10 of 1866); (iii) the Indian Companies Act, 1882 (6 of 1882); (iv) the Indian Companies Act, 1913 (7 of 1913); (v) the Registration of Transferred Companies Ordinance, 1942 (Ord. 54 of 1942); (vi) the Companies Act, 1956 (1 of 1956); and (vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force-- (A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (B) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968), in so far as other corporations are concerned; (viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and (ix) the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961); (68) "private company" means a company having a minimum paid-up share capital 13*** as may be prescribed, and which by its articles,-- (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member: Provided further that-- (A) persons who are in the employment of the company; and (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and (iii) prohibits any invitation to the public to subscribe for any securities of the company; (69) "promoter" means a person-- (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or in directly whether as a share holder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity; (70) "prospectus" means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate; (71)"public company" means a company which-- (a) is not a private company; 14[and] (b) has a minimum paid-up share capital 15*** as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ; (72) "public financial institution" means-- (i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India: Provided that no institution shall be so notified unless-- (A) it has been established or constituted by or under any Central or State Act 16[other than this Act or the previous company law]; or (B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments; (73) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (74) "register of companies" means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act; (75) "Registrar" means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act; (76) "related party", with reference to a company, means-- (i) a director or his relative; (ii) a key managerial personnel or his relative; (iii) a firm, in which a director, manager or his relative is a partner; (iv) a private company in which a director or manager 16[or his relative] is a member or director; (v) a public company in which a director or manager is a director 17[and holds] along with his relatives, more than two per cent. of its paid-up share capital; (vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; (vii) any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; 18[(viii) any body corporate which is-- (A) a holding, subsidiary or an associate company of such company; (B) a subsidiary of a holding company to which it is also a subsidiary; or (C) an investing company or the venturer of the company. Explanation.-- For the purpose of this clause, "the investing company or the venturer of a company" means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate]; (ix) such other person as may be prescribed; (77) "relative", with reference to any person, means any one who is related to another, if-- (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed; (78) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961 (43 of 1961); (79) "Schedule" means a Schedule annexed to this Act; (80) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (81) "securities" means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (82) "Securities and Exchange Board" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (83) "Serious Fraud Investigation Office" means the office referred to in section 211; (84) "share" means a share in the share capital of a company and includes stock; (85) "small company" means a company, other than a public company,-- (i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 19[ten crore rupees]; 20[and] (ii) turnover of which 21[as per profit and loss account for the immediately preceding financial year] does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 25[one hundred crore rupees]: Provided that nothing in this clause shall apply to-- (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act; (86) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company; (87) "subsidiary company" or "subsidiary", in relation to any other company (that is to say the holding company), means a company in which the holding company-- (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the 23[total voting power] either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed. Explanation.--For the purposes of this clause,-- (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company's Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression company includes any body corporate; (d) "layer" in relation to a holding company means its subsidiary or subsidiaries; (88) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; (89) "total voting power", in relation to any matter, means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof or their proxies having a right to vote on that matter are present at the meeting and cast their votes; (90) "Tribunal" means the National Company Law Tribunal constituted under section 408; 24[(91) turnover means gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;] (92) "unlimited company" means a company not having any limit on the liability of its members; (93) "voting right" means the right of a member of a company to vote in any meeting of the company or by means of postal ballot; (94) "whole-time director" includes a director in the whole-time employment of the company; 25[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as applicable;] (95) words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts.
1. The Explanation subs. by Act 1 of 2018, s. 2 (w.e.f. 7-5-2018).
2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause (23) (w.e.f. 15-11-2016). 3. Subs. by Act 1 of 2018, s. 2, for clause (28) (w.e.f. 9-2-2018). 4. The Proviso ins. by s. 2, ibid. (w.e.f. 9-2-2018). 5. The proviso subs. by Act 22 of 2019, s. 2 (w.e.f. 2-11-2018). 6. Subs. by s. 2, ibid., for Provided further that (w.e.f. 2-11-2018). 7. The Explanation ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 8. Clause (49) omitted by s. 2, ibid. (w.e.f. 9-2-2018). 9. The word and omitted by s. 2, ibid. (w.e.f. 9-2-2018). 10. Subs. by s. 2, ibid., for sub-clause (v) (w.e.f. 9-2-2018). 11. The Proviso ins. by Act 29 of 2020, s. 2 (w.e.f. 22-1-2021). 12. Subs. by Act 1 of 2018, s. 2, for and securities premium account (w.e.f. 9-2-2018). 13. The words of one lakh rupees or such higher paid-up share capital omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 14. Ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 15. The words of five lakh rupees or such higher paid-up capital, omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 16. Ins. by S.O. 1894 (E), dated 24th July, 2014. 17. Subs. by S.O. 1820 (E), dated 9th July, 2014 for or holds . 18. Subs. by Act 1 of 2018, s. 2, for sub-clause (viii) (w.e.f. 9-2-2018). 19. Subs. by Act 1 of 2018, s. 2, for five crore rupees (w.e.f. 9-2-2018). 20. Subs. by notification No. S.O. 504(E), dated 13th February, 2015, for word or (w.e.f. 13-2-2015). 21. Subs. by Act 1 of 2018, s. 2, for as per its last profit and loss account (w.e.f. 9-2-2018). 22. Subs. by s. 2, ibid., for twenty crore rupees (w.e.f. 9-2-2018). 23. Subs. by s. 2, ibid., for total share capital (w.e.f. 7-5-2018). 24. Subs. by Act 1 of 2018, s. 2, for clause (91) (w.e.f. 9-2-2018). 25. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) This Act may be called the 1[Van (Sanrakshan
Evam Samvardhan) Adhiniyam], 1980.
(2) It extends to the whole of India 2***. (3) It shall be deemed to have come into force on the 25th day of October, 1980.
1. Subs. by s. 3, ibid., for "Forest (Conservation) Act" (w.e.f. 1-12-2023).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the annual targets to be specified under sub-section (2) of section 4; (b) the fiscal indicators to be prescribed for the purpose of sub-section (2) of section 3; 1[(ba) the expenditure indicators with specifications of underlying assumptions and risk involved under clause (a) of sub-section (6A) of section 3;] (c) the forms of the Medium-term Fiscal Policy Statement, 2[Fiscal Policy Strategy Statement, Medium-term Expenditure Framework Statement] and Macro-economic Frame Work Statement referred to in sub-section (7) of section 3; 3* * * * * (d) the disclosures and form in which such disclosures shall be made under sub-section (2) of section 6; 4[(da) the level of short fall in revenue or excess of expenditure under sub-section (2) of section 7;] (e) any other matter which is required to be, or may be, prescribed.
1. Ins. by s. 150, ibid. (w. e. f. 28-5-2012).
2. Subs. by s. 150, ibid., for Fiscal Policy Strategy Statement (w.e.f. 28-5-2012). 3. Clause (ca) omitted by Act of 13 of 2018, s. 216 (w.e.f. 31-3-2018). 4. Ins. by s. 216, ibid. (w.e.f. 31-3-2018). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the procedure for the retirement of members under section 6; (b) the disqualifications for continuing as a member of the Commission; (c) the terms and conditions of service of members of the Commission; (d) the terms and conditions of service of employees appointed by the Commission; (e) the additional functions which may be performed by the Commission under clause (j) of section 12; (f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein; (g) the inspection of Universities; (h) the form and manner in which the budget and reports are to be prepared by the Commission; (i) the manner in which the accounts of the Commission are to be maintained; (j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government; (k) any other matter which has to be, or may be, prescribed. 1[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).
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Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)The provisions of this Act or any rule made thereunder shall
have effect notwithstanding anything inconsistent therewith contained in any other enactment or
instrument having effect by virtue of such enactment.
(1) The Central
Government may make such provision by rules as appears to it to be necessary, to regulate the use of the
emblem in official seal that is used in offices of the Central Government and the State Governments and
their organisations including diplomatic missions abroad, subject to such restrictions and conditions as
may be prescribed.
(2) Subject to the provisions of this Act, the Central Government shall have powers— (a) to notify the use of emblem on stationery, the method of printing or embossing it on demiofficial stationery by the constitutional authorities, Ministers, Members of Parliament, Members of Legislative Assemblies, officers of the Central Government and the State Governments; (b) to specify the design of the official seal consisting of the emblem; (c) to restrict the display of emblem on vehicles of constitutional authorities, foreign dignitaries, Ministers of the Central Government and the State Governments; (d) to provide for guidelines for display of emblem on public buildings in India, the diplomatic missions and on the buildings occupied by India's consulatesa broad; (e) to specify conditions for the use of emblem for various other purposes including the use for educational purposes and the armed forces personnel; (f) to do all such things (including the specification of design of the emblem and its use in the manner whatsoever) as the Central Government considers necessary or expedient for the exercise of the foregoing powers. (1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes 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) cases and conditions regulating the use of emblem under section 4; (b) making rules to regulate the use of the emblem in official seal of the Government and specifying restrictions and conditions relating thereto under sub-section (1) of section 6; (c) the use of emblem on stationery, design of official seal consisting of emblem and other matters under sub-section (2) of section 6; (d) authorising officer by general or special order for giving previous sanction for instituting prosecution under section 8; and (e) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this section 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 immediatelyfollowing the session or the successive sessions aforesaid, both House agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Micro, Small and Medium
Enterprises Development Act, 2006.
(2) It shall come into force on such date1 as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1 2nd October, 2006, vide notification No. S.O. 1154(E) dated 18th July, 2006, see Gazette of India, Extraordinary Part II
sec.3(ii).
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Related Section(s)(1) Notwithstanding anything contained in this Act, a company
(a) shall, in respect of such items of business as the Central Government may, by notification, declare to be transacted only by means of postal ballot; and (b) may, in respect of any item of business, other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting, transact by means of postal ballot, in such manner as may be prescribed, instead of transacting such business at a general meeting: 1[Provided that any item of business required to be transacted by means of postal ballot under clause (a), may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section.] (2) If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf.
1. The Proviso ins. by Act 1 of 2018, s. 29 (w.e.f. 9-2-2018).
[Return to be filed with Registrar in case promoter's stake changes.] Omitted by the Companies
Act, 2017 (1 of 2018), s. 24 (w.e.f. 13-6-2018).
(1) The financial statements shall give a true and fair view of the state
of affairs of the company or companies, comply with the accounting standards notified under section 133
and shall be in the form or forms as may be provided for different class or classes of companies in
Schedule III:
Provided that the items contained in such financial statements shall be in accordance with the accounting standards: Provided further that nothing contained in this sub-section shall apply to any insurance or banking company or any company engaged in the generation or supply of electricity, or to any other class of company for which a form of financial statement has been specified in or under the Act governing such class of company: Provided also that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the company, merely by reason of the fact that they do not disclose-- (a) in the case of an insurance company, any matters which are not required to be disclosed by the Insurance Act, 1938 (4 of 1938), or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (b) in the case of a banking company, any matters which are not required to be disclosed by the Banking Regulation Act, 1949 (10 of 1949); (c) in the case of a company engaged in the generation or supply of electricity, any matters which are not required to be disclosed by the Electricity Act, 2003 (36 of 2003); (d) in the case of a company governed by any other law for the time being in force, any matters which are not required to be disclosed by that law. (2) At every annual general meeting of a company, the Board of Directors of the company shall lay before such meeting financial statements for the financial year. 1[(3) Where a company has one or more subsidiaries, it shall, in addition to financial statements provided under sub-section (2), prepare a consolidated financial statement of the company and of all the subsidiaries in the same form and manner as that of its own which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under sub-section (2): Provided that the company shall also attach along with its financial statement, a separate statement containing the salient features of the financial statement of its subsidiary or subsidiaries in such form as may be prescribed: Provided further that the Central Government may provide for the consolidation of accounts of companies in such manner as may be prescribed.] (4) The provisions of this Act applicable to the preparation, adoption and audit of the financial statements of a holding company shall, mutatis mutandis, apply to the consolidated financial statements referred to in sub-section (3). (5) Without prejudice to sub-section (1), where the financial statements of a company do not comply with the accounting standards referred to in sub-section (1), the company shall disclose in its financial statements, the deviation from the accounting standards, the reasons for such deviation and the financial effects, if any, arising out of such deviation (6) The Central Government may, on its own or on an application by a class or classes of companies, by notification, exempt any class or classes of companies from complying with any of the requirements of this section or the rules made thereunder, if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification. (7) If a company contravenes the provisions of this section, the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person charged by the Board with the duty of complying with the requirements of this section and in the absence of any of the officers mentioned above, all the directors shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both. Explanation.-- For the purposes of this section, except where the context otherwise requires, any reference to the financial statement shall include any notes annexed to or forming part of such financial statement, giving information required to be given and allowed to be given in the form of such notes under this Act.
1. Subs. by Act 1 of 2018, s. 33, for sub-section (3) (w.e.f. 7-5-2018).
(1) The registers required to be kept
and maintained by a company under section 88 and copies of the annual return filed under section 92 shall
be kept at the registered office of the company:
Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company 1***: Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed. (2) The registers and their indices, except when they are closed under the provisions of this Act, and the copies of all the returns shall be open for inspection by any member, debenture-holder, other security holder or beneficial owner, during business hours without payment of any fees and by any other person on payment of such fees as may be prescribed. (3) Any such member, debenture-holder, other security holder or beneficial owner or any other person may (a) take extracts from any register, or index or return without payment of any fee; or (b) require a copy of any such register or entries therein or return on payment of such fees as may be prescribed. 2[Provided that such particulars of the register or index or return as may be prescribed shall not be available for inspection under sub-section (2) or for taking extracts or copies under this sub-section.]. (4) If any inspection or the making of any extract or copy required under this section is refused, the company and every officer of the company who is in default shall be liable, for each such default, to a penalty of one thousand rupees for every day subject to a maximum of one lakh rupees during which the refusal or default continues. (5) The Central Government may also, by order, direct an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it.
1. The words "and the Registrar has been given a copy of the proposed special resolution in advance" omitted by s. 25, ibid.
(w.e.f. 13-6-2018).
2. The proviso ins. by s. 25, ibid. (w.e.f. 13-6-2018).
(1) Such class or classes of companies as may be prescribed shall be required
to appoint an internal auditor, who shall either be a chartered accountant or a cost accountant, or such
other professional as may be decided by the Board to conduct internal audit of the functions and activities
of the company.
(2) The Central Government may, by rules, prescribe the manner and the intervals in which the internal audit shall be conducted and reported to the Board. (1) Every company other than a One Person Company shall in each
year hold in addition to any other meetings, a general meeting as its annual general meeting and shall
specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse
between the date of one annual general meeting of a company and that of the next:
Provided that in case of the first annual general meeting, it shall be held within a period of nine months from the date of closing of the first financial year of the company and in any other case, within a period of six months, from the date of closing of the financial year: Provided further that if a company holds its first annual general meeting as aforesaid, it shall not be necessary for the company to hold any annual general meeting in the year of its incorporation: Provided also that the Registrar may, for any special reason, extend the time within which any annual general meeting, other than the first annual general meeting, shall be held, by a period not exceeding three months. (2) Every annual general meeting shall be called during business hours, that is, between 9 a.m. and 6 p.m. on any day that is not a National Holiday and shall be held either at the registered office of the company or at some other place within the city, town or village in which the registered office of the company is situate: 1[Provided that annual general meeting of an unlisted company may be held at any place in India if consent is given in writing or by electronic mode by all the members in advance: Provided further that the Central Government may exempt any company from the provisions of this sub-section subject to such conditions as it may impose. Explanation.-- For the purposes of this sub-section, National Holiday means and includes a day declared as National Holiday by the Central Government.
1. Subs. by Act 1 of 2018, s. 26, for "Provided that" (w.e.f. 13-6-2018).
(1) Every company shall prepare and keep at
its registered office books of account and other relevant books and papers and financial statement for
every financial year which give a true and fair view of the state of the affairs of the company, including
that of its branch office or offices, if any, and explain the transactions effected both at the registered office
and its branches and such books shall be kept on accrual basis and according to the double entry system
of accounting:
Provided that all or any of the books of account aforesaid and other relevant papers may be kept at such other place in India as the Board of Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place: Provided further that the company may keep such books of account or other relevant papers in electronic mode in such manner as may be prescribed. (2) Where a company has a branch office in India or outside India, it shall be deemed to have complied with the provisions of sub-section (1), if proper books of account relating to the transactions effected at the branch office are kept at that office and proper summarized returns periodically are sent by the branch office to the company at its registered office or the other place referred to in sub-section (1). (3) The books of account and other books and papers maintained by the company within India shall be open for inspection at the registered office of the company or at such other place in India by any director during business hours, and in the case of financial information, if any, maintained outside the country, copies of such financial information shall be maintained and produced for inspection by any director subject to such conditions as may be prescribed: Provided that the inspection in respect of any subsidiary of the company shall be done only by the person authorised in this behalf by a resolution of the Board of Directors. (4) Where an inspection is made under sub-section (3), the officers and other employees of the company shall give to the person making such inspection all assistance in connection with the inspection which the company may reasonably be expected to give. (5) The books of account of every company relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of all the preceding years together with the vouchers relevant to any entry in such books of account shall be kept in good order: Provided that where an investigation has been ordered in respect of the company under Chapter XIV, the Central Government may direct that the books of account may be kept for such longer period as it may deem fit. (6) If the managing director, the whole-time director in charge of finance, the Chief Financial Officer or any other person of a company charged by the Board with the duty of complying with the provisions of this section, contravenes such provisions, such managing director, whole-time director in charge of finance, Chief Financial Officer or such other person of the company shall be punishable 1*** with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees 2***.
1. The words [with imprisonment for a term which may extend to one year or] omitted by Act 29 of 2020, s. 24 (w.e.f. 21-21-
2020).
2. The words [or with both] omitted by s. 24, ibid. (w.e.f. 21-12-2020). The Central Government may
prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of
Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949
(38 of 1949), in consultation with and after examination of the recommendations made by the National
Financial Reporting Authority:
1[Provided that until the National Financial Reporting Authority is constituted under section 132 of the Companies Act, 2013 (18 of 2013), the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949 (38 of 1949), in consultation with and after examination of the recommendations made by National Advisory Committee on Accounting Standards constituted under section 210A of the Companies Act, 1956 (1 of 1956).]
1. Ins. by notification No. S.O. 1227(E), dated 29th March, 2016 (w.e.f 1-4-2015).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. 1[(1) The financial statement, including
consolidated financial statement, if any, shall be approved by the Board of Directors before they are
signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or
by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the
case of One Person Company, only by one director, for submission to the auditor for his report thereon.]
(2) The auditors report shall be attached to every financial statement. (3) There shall be attached to statements laid before a company in general meeting, a report by its Board of Directors, which shall include-- 2[(a) the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed;] (b) number of meetings of the Board; (c) Directors Responsibility Statement; 3[(ca) details in respect of frauds reported by auditors under sub-section (12) of section 143 other than those which are reportable to the Central Government;] (d) a statement on declaration given by independent directors under sub-section (6) of section 149; (e) in case of a company covered under sub-section (1) of section 178, companys policy on directors appointment and remuneration including criteria for determining qualifications, positive attributes, independence of a director and other matters provided under sub-section (3) of section 178; (f) explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made-- (i) by the auditor in his report; and (ii) by the company secretary in practice in his secretarial audit report; (g) particulars of loans, guarantees or investments under section 186; (h) particulars of contracts or arrangements with related parties referred to in sub-section (1) of section 188 in the prescribed form; (i) the state of the companys affairs; (j) the amounts, if any, which it proposes to carry to any reserves; (k) the amount, if any, which it recommends should be paid by way of dividend; (l) material changes and commitments, if any, affecting the financial position of the company which have occurred between the end of the financial year of the company to which the financial statements relate and the date of the report; (m) the conservation of energy, technology absorption, foreign exchange earnings and outgo, in such manner as may be prescribed; (n) a statement indicating development and implementation of a risk management policy for the company including identification therein of elements of risk, if any, which in the opinion of the Board may threaten the existence of the company; (o) the details about the policy developed and implemented by the company incorporate social responsibility initiatives taken during the year; (p) in case of a listed company and every other public company having such paid-up share capital as may be prescribed, a statement indicating the manner in which formal 4 annual evaluation of the performance of the Board, its Committees and of individual directors has been made; (q) such other matters as may be prescribed: 5[Provided that where disclosures referred to in this sub-section have been included in the financial statements, such disclosures shall be referred to instead of being repeated in the Board's report: Provided further that where the policy referred to in clause (e) or clause (o) is made available on company's website, if any, it shall be sufficient compliance of the requirements under such clauses if the salient features of the policy and any change therein are specified in brief in the Board's report and the web-address is indicated therein at which the complete policy is available.] 6[(3A) The Central Government may prescribe an abridged Board's report, for the purpose of compliance with this section by One Person Company or small company.] (4) The report of the Board of Directors to be attached to the financial statement under this section shall, in case of a One Person Company, mean a report containing explanations or comments by the Board on every qualification, reservation or adverse remark or disclaimer made by the auditor in his report. (5) The Directors Responsibility Statement referred to in clause (c) of sub-section (3) shall state that-- (a) in the preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures; (b) the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period; (c) the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this Act for safeguarding the assets of the company and for preventing and detecting fraud another irregularities; (d) the directors had prepared the annual accounts on a going concern basis; and (e) the directors, in the case of a listed company, had laid down internal financial controls to be followed by the company and that such internal financial controls are adequate and were operating effectively. Explanation.-- For the purposes of this clause, the term internal financial controls means the policies and procedures adopted by the company for ensuring the orderly and efficient conduct of its business, including adherence to companys policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation of reliable financial information; (f) the directors had devised proper systems to ensure compliance with the provisions of all applicable laws and that such systems were adequate and operating effectively. (6) The Boards report and any annexures thereto under sub-section (3) shall be signed by its chairperson of the company if he is authorised by the Board and where he is not so authorised, shall be signed by at least two directors, one of whom shall be a managing director, or by the director where there is one director. (7) A signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published along with a copy each of-- (a) any notes annexed to or forming part of such financial statement; (b) the auditors report; and (c) the Boards report referred to in sub-section (3). 7 [(8) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 1 of 2018, s. 36 (w.e.f. 31-7-2018).
2. Subs by Act 1 of 2018, s. 36, for clause (a) (w.e.f. 31-7-2018). 3. Ins. by Act 21 of 2015, s. 12 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 36 for "annual evaluation has been made by the Board of its own performance and that of its committees and individual directors" (w.e.f. 31-7-2018). 5. The provisos ins. by s. 36, ibid., (w.e.f. 31-7-2018). 6. Sub-section (3A) ins. by s. 36, ibid., (w.e.f. 31-7-2018). 7. Subs. by Act 29 of 2020, s. 26, for sub-section (8) (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
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Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Payment of Bonus
Act, 1965.
(2) It extends to the whole of India 1 ***. (3) Save as otherwise provided in this Act, it shall apply to-- (a) every factory; and (b) every other establishment in which twenty or more persons are employed on any day during an accounting year: 2 [Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act with effect from such accounting year as may be specified in the notification, to any establishment or class of establishments [including an establishment being a factory within the meaning of sub-clause (ii) of clause (m) of section 2 of the Factories Act, 1948 (63 of 1948)] employing such number of persons less than twenty as may be specified in the notification; so, however, that the number of persons so specified shall in no case be less than ten.] (4) Save as otherwise provided in this Act, the provisions of this Act shall, in relation to a factory or other establishment to which this Act applies, have effect in respect of the accounting year commencing on any day in the year 1964 and in respect of every subsequent accounting year: 3 [Provided that in relation to the State of Jammu and Kashmir*, the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year shall be construed as reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year:] 4 [Provided further that when the provisions of this Act have been made applicable to any establishment or class of establishments by the issue of a notification under the proviso to sub-section (3), the reference to the accounting year commencing on any day in the year 1964 and every subsequent accounting year or, as the case may be, the reference to the accounting year commencing on any day in the year 1968 and every subsequent accounting year, shall, in relation to such establishment or class of establishments, be construed as a reference to the accounting year specified in such notification and every subsequent accounting year.] (5) An establishment to which this Act applies 5 *** shall continue to be governed by this Act notwithstanding that the number of person employed therein falls below twenty 6 [or, as the case may be, the number specified in the notification issued under the proviso to sub-section (3)].
1. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
2. The proviso added by Act 23 of 1976, s. 3 (w.e.f. 25-9-1975). 3. The proviso added by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971). 4. The proviso inserted by Act 23 of 1976, s. 3 (w.e.f. 25-9-1975). 5. The words, brackets, letter and figure "under clause (b) of sub-section (3)" omitted by s. 3, ibid. (w.e.f. 25-9-1975). 6. Certain words, brackets and figure added by s. 3, ibid. (w.e.f. 25-9-1975). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) No resolution shall be deemed to have been duly
passed by the Board or by a committee thereof by circulation, unless the resolution has been circulated in
draft, together with the necessary papers, if any, to all the directors, or members of the committee, as the
case may be, at their addresses registered with the company in India by hand delivery or by post or by
courier, or through such electronic means as may be prescribed and has been approved by a majority of
the directors or members, who are entitled to vote on the resolution:
Provided that, where not less than one-third of the total number of directors of the company for the time being require that any resolution under circulation must be decided at a meeting, the chairperson shall put the resolution to be decided at a meeting of the Board. (2) A resolution under sub-section (1) shall be noted at a subsequent meeting of the Board or the committee thereof, as the case may be, and made part of the minutes of such meeting. (1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) The Board of Directors of a company shall be entitled to exercise all
such powers, and to do all such acts and things, as the company is authorised to exercise and do:
Provided that in exercising such power or doing such act or thing, the Board shall be subject to the provisions contained in that behalf in this Act, or in the memorandum or articles, or in any regulations not inconsistent therewith and duly made thereunder, including regulations made by the company in general meeting: Provided further that the Board shall not exercise any power or do any act or thing which is directed or required, whether under this Act or by the memorandum or articles of the company or otherwise, to be exercised or done by the company in general meeting. (2) No regulation made by the company in general meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made. (3) The Board of Directors of a company shall exercise the following powers on behalf of the company by means of resolutions passed at meetings of the Board, namely:-- (a) to make calls on shareholders in respect of money unpaid on their shares; (b) to authorise buy-back of securities under section 68; (c) to issue securities, including debentures, whether in or outside India; (d) to borrow monies; (e) to invest the funds of the company; (f) to grant loans or give guarantee or provide security in respect of loans; (g) to approve financial statement and the Boards report; (h) to diversify the business of the company; (i) to approve amalgamation, merger or reconstruction; (j) to take over a company or acquire a controlling or substantial stake in another company; (k) any other matter which may be prescribed: Provided that the Board may, by a resolution passed at a meeting, delegate to any committee of directors, the managing director, the manager or any other principal officer of the company or in the case of a branch office of the company, the principal officer of the branch office, the powers specified in clauses (d) to (f) on such conditions as it may specify: Provided further that the acceptance by a banking company in the ordinary course of its business of deposits of money from the public repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise, or the placing of monies on deposit by a banking company with another banking company on such conditions as the Board may prescribe, shall not be deemed to be a borrowing of monies or, as the case may be, a making of loans by a banking company within the meaning of this section. Explanation I.--Nothing in clause (d) shall apply to borrowings by a banking company from other banking companies or from the Reserve Bank of India, the State Bank of India or any other banks established by or under any Act. Explanation II.--In respect of dealings between a company and its bankers, the exercise by the company of the power specified in clause (d) shall mean the arrangement made by the company with its bankers for the borrowing of money by way of overdraft or cash credit or otherwise and not the actual day-to-day operation on overdraft, cash credit or other accounts by means of which the arrangement so made is actually availed of. (4) Nothing in this section shall be deemed to affect the right of the company in general meeting to impose restrictions and conditions on the exercise by the Board of any of the powers specified in this section. (1) Every
company shall keep one or more registers giving separately the particulars of all contracts or
arrangements to which sub-section (2) of section 184 or section 188 applies, in such manner and
containing such particulars as may be prescribed and after entering the particulars, such register or
registers shall be placed before the next meeting of the Board and signed by all the directors present at the
meeting.
(2) Every director or key managerial personnel shall, within a period of thirty days of his appointment, or relinquishment of his office, as the case may be, disclose to the company the particulars specified in sub-section (1) of section 184 relating to his concern or interest in the other associations which are required to be included in the register under that sub-section or such other information relating to himself as may be prescribed. (3) The register referred to in sub-section (1) shall be kept at the registered office of the company and it shall be open for inspection at such office during business hours and extracts may be taken therefrom, and copies thereof as may be required by any member of the company shall be furnished by the company to such extent, in such manner, and on payment of such fees as may be prescribed. (4) The register to be kept under this section shall also be produced at the commencement of every annual general meeting of the company and shall remain open and accessible during the continuance of the meeting to any person having the right to attend the meeting.-- (5) Nothing contained in sub-section (1) shall apply to any contract or arrangement (a) for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed five lakh rupees in the aggregate in any year; or (b) by a banking company for the collection of bills in the ordinary course of its business. (6) Every director who fails to comply with the provisions of this section and the rules made thereunder shall be liable to a penalty of twenty-five thousand rupees. (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). 1[185. Loans to directors, etc.-- (1) No company shall, directly or indirectly, advance any loan,
including any loan represented by a book debt to, or give any guarantee or provide any security in
connection with any loan taken by,--
(a) any director of company, or of a company which is its holding company or any partner or relative of any such director; or (b) any firm in which any such director or relative is a partner. (2) A company may advance any loan including any loan represented by a book debt, or give any guarantee or provide any security in connection with any loan taken by any person in whom any of the director of the company is interested, subject to the condition that-- (a) a special resolution is passed by the company in general meeting: Provided that the explanatory statement to the notice for the relevant general meeting shall disclose the full particulars of the loans given, or guarantee given or security provided and the purpose for which the loan or guarantee or security is proposed to be utilised by the recipient of the loan or guarantee or security and any other relevant fact; and (b) the loans are utilised by the borrowing company for its principal business activities. Explanation.-- For the purposes of this sub-section, the expression "any person in whom any of the director of the company is interested" means-- (a) any private company of which any such director is a director or member; (b) any body corporate at a general meeting of which not less than twenty-five per cent. of the total voting power may be exercised or controlled by any such director, or by two or more such directors, together; or (c) any body corporate, the Board of directors, managing director or manager, whereof is accustomed to act in accordance with the directions or instructions of the Board, or of any director or directors, of the lending company. (3) Nothing contained in sub-sections (1) and (2) shall apply to-- (a) the giving of any loan to a managing or whole-time director-- (i) as a part of the conditions of service extended by the company to all its employees; or (ii) pursuant to any scheme approved by the members by a special resolution; or (b) a company which in the ordinary course of its business provides loans or gives guarantees or securities for the due repayment of any loan and in respect of such loans an interest is charged at a rate not less than the rate of prevailing yield of one year, three years, five years or ten years Government security closest to the tenor of the loan; or (c) any loan made by a holding company to its wholly owned subsidiary company or any guarantee given or security provided by a holding company in respect of any loan made to its wholly owned subsidiary company; or (d) any guarantee given or security provided by a holding company in respect of loan made by any bank or financial institution to its subsidiary company: Provided that the loans made under clauses (c) and (d) are utilised by the subsidiary company for its principal business activities. (4) If any loan is advanced or a guarantee or security is given or provided or utilised in contravention of the provisions of this section,-- (i) the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; (ii) every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees; and (iii) the director or the other person to whom any loan is advanced or guarantee or security is given or provided in connection with any loan taken by him or the other person, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees, or with both.]
1. Subs. by s. 61, ibid., for section 185 (w.e.f. 7-5-2018).
(1) No director of a company shall, in connection with--
(a) the transfer of the whole or any part of any undertaking or property of the company; or (b) the transfer to any person of all or any of the shares in a company being a transfer resulting from-- (i) an offer made to the general body of shareholders; (ii) an offer made by or on behalf of some other body corporate with a view to a company becoming a subsidiary company of such body corporate or a subsidiary company of its holding company; (iii) an offer made by or on behalf of an individual with a view to his obtaining the right to exercise, or control the exercise of, not less than one-third of the total voting power at any general meeting of the company; or (iv) any other offer which is conditional on acceptance to a given extent, receive any payment by way of compensation for loss of office or as consideration for retirement from office, or in connection with such loss or retirement from such company or from the transferee of such undertaking or property, or from the transferees of shares or from any other person, not being such company, unless particulars as may be prescribed with respect to the payment proposed to be made by such transferee or person, including the amount thereof, have been disclosed to the members of the company and the proposal has been approved by the company in general meeting. (2) Nothing in sub-section (1) shall affect any payment made by a company to a managing director or whole-time director or manager of the company by way of compensation for loss of office or as consideration for retirement from office or in connection with such loss or retirement subject to limits or priorities, as may be prescribed. (3) If the payment under sub-section (1) or sub-section (2) is not approved for want of quorum either in a meeting or an adjourned meeting, the proposal shall not be deemed to have been approved. (4) Where a director of a company receives payment of any amount in contravention of sub-section (1) or the proposed payment is made before it is approved in the meeting, the amount so received by the director shall be deemed to have been received by him in trust for the company. 1[(5) If a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees.] (6) Nothing in this section shall be taken to prejudice the operation of any law requiring disclosure to be made with respect to any payment received under this section or such other like payments made to a director.
1. Subs. by Act 22 of 2019, s. 28, for sub-section (5) (w.e.f. 2-11-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). (1) Every director shall at the first meeting of the Board in
which he participates as a director and thereafter at the first meeting of the Board in every financial year
or whenever there is any change in the disclosures already made, then at the first Board meeting held after
such change, disclose his concern or interest in any company or companies or bodies corporate, firms, or
other association of individuals which shall include the shareholding, in such manner as may be
prescribed.
(2) Every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into-- (a) with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, Chief Executive Officer of that body corporate; or (b) with a firm or other entity in which, such director is a partner, owner or member, as the case may be, shall disclose the nature of his concern or interest at the meeting of the Board in which the contract or arrangement is discussed and shall not participate in such meeting: Provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested or at the first meeting of the Board held after he becomes so concerned or interested. (3) A contract or arrangement entered into by the company without disclosure under sub-section (2) or with participation by a director who is concerned or interested in any way, directly or indirectly, in the contract or arrangement, shall be voidable at the option of the company. (4) If a director of the company contravenes the provisions of sub-section (1) or sub-section (2), such director shall be 1 [liable to a penalty of one lakh rupees].br (5) Nothing in this section-- (a) shall be taken to prejudice the operation of any rule of law restricting a director of a company from having any concern or interest in any contract or arrangement with the company; 2[(b) shall apply to any contract or arrangement entered into or to be entered into between two companies or between one or more companies and one or more bodies corporate where any of the directors of the one company or body corporate or two or more of them together holds or hold not more than two per cent. of the paid-up share capital in the other company or the body corporate.]
1. Subs. by Act 29 of 2020, s. 37, for certain words (w.e.f. 21-12-2020).
2. Subs. by Act 1 of 2018, s. 60, for clause (b) (w.e.f. 9-2-2018). (1) All investments made or held by a
company in any property, security or other asset shall be made and held by it in its own name:
Provided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees of the company, if it is necessary to do so, to ensure that the number of members of the subsidiary company is not reduced below the statutory limit. (2) Nothing in this section shall be deemed to prevent a company-- (a) from depositing with a bank, being the bankers of the company, any shares or securities for the collection of any dividend or interest payable thereon; or (b) from depositing with, or transferring to, or holding in the name of, the State Bank of India or a scheduled bank, being the bankers of the company, shares or securities, in order to facilitate the transfer thereof: Provided that if within a period of six months from the date on which the shares or securities are transferred by the company to, or are first held by the company in the name of, the State Bank of India or a scheduled bank as aforesaid, no transfer of such shares or securities takes place, the company shall, as soon as practicable after the expiry of that period, have the shares or securities retransferred to it from the State Bank of India or the scheduled bank or, as the case may be, again hold the shares or securities in its own name; or (c) from depositing with, or transferring to, any person any shares or securities, by way of security for the repayment of any loan advanced to the company or the performance of any obligation undertaken by it; (d) from holding investments in the name of a depository when such investments are in the form of securities held by the company as a beneficial owner. (3) Where in pursuance of clause (d) of sub-section (2), any shares or securities in which investments have been made by a company are not held by it in its own name, the company shall maintain a register which shall contain such particulars as may be prescribed and such register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours subject to such reasonable restrictions as the company may by its articles or in general meeting impose. 1[(4) If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 38, for sub-section (4) (w.e.f. 21-12-2020).
(1) Except with the consent of the Board of Directors given by a
resolution at a meeting of the Board and subject to such conditions as may be prescribed, no company
shall enter into any contract or arrangement with a related party with respect to--
(a) sale, purchase or supply of any goods or materials; (b) selling or otherwise disposing of, or buying, property of any kind; (c) leasing of property of any kind; (d) availing or rendering of any services; (e) appointment of any agent for purchase or sale of goods, materials, services or property; (f) such related party's appointment to any office or place of profit in the company, its subsidiary company or associate company; and (g) underwriting the subscription of any securities or derivatives thereof, of the company: Provided that no contract or arrangement, in the case of a company having a paid-up share capital of not less than such amount, or transactions exceeding such sums, as may be prescribed, shall be entered into except with the prior approval of the company by a 1[resolution]: Provided further that no member of the company shall vote on such 1[resolution], to approve any contract or arrangement which may be entered into by the company, if such member is a related party: 2[Provided also that nothing contained in the second proviso shall apply to a company in which ninety per cent. or more members, in number, are relatives of promoters or are related parties:] Provided also that nothing in this sub-section shall apply to any transactions entered into by the company in its ordinary course of business other than transactions which are not on an arms length basis: 3[Provided also that the requirement of passing the resolution under first proviso shall not be applicable for transactions entered into between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and placed before the shareholders at the general meeting for approval.] Explanation.-- In this sub-section,-- (a) the expression "office or place of profit" means any office or place-- (i) where such office or place is held by a director, if the director holding it receives from the company anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (ii) where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the company anything by way of remuneration, salary, fee, commission, perquisites, any rent-free accommodation, or otherwise; (b) the expression "arm's length transaction" means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. (2) Every contract or arrangement entered into under sub-section (1) shall be referred to in the Boards report to the shareholders along with the justification for entering into such contract or arrangement. (3) Where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the Board or approval by a 1[resolution] in the general meeting under sub-section (1) and if it is not ratified by the Board or, as the case may be, by the shareholders at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement 4[shall be voidable at the option of the Board or, as the case may be, of the shareholders] and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the company against any loss incurred by it. (4) Without prejudice to anything contained in sub-section (3), it shall be open to the company to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. (5) Any director or any other employee of a company, who had entered into or authorized the contract or arrangement in violation of the provisions of this section shall,-- (i) in case of listed company, be 5[liable to a penalty of twenty-five lakh rupees]; and (ii) in case of any other company, be 6[liable to a penalty of five lakh rupees]].
1. Subs. by Act 21 of 2015, s. 16, for "special resolution" (w.e.f. 29-5-2015).
2. The proviso ins. by Act 1 of 2018, s. 63 (w.e.f. 9-2-2018). 3. The proviso ins. by Act 21 of 2015, s. 16 (w.e.f. 29-5-2015). 4. Subs. by Act 1 of 2018, s. 63, for "shall be voidable at the option of the Board" (w.e.f. 9-2-2018). 5. Subs. by Act 29 of 2020, s. 39, for certain words (w.e.f. 21-12-2020). 6. Subs. by s. 39, ibid., for certain words (w.e.f. 21-12-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The Chairman, 1*** or other Member may, by notice in writing
under his hand addressed to the President, resign his office:
Provided that the Chairman, 1*** or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) The Chairman, 1*** or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman, 1*** or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman, 1*** or other Member referred to in sub-section (2).
1. The word "Vice-Chairman" omitted by s. 8, ibid. (w.e.f. 19-2-2007).
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely: (a) the 1*** conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions; 2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animal; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty to animals; 2[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13;] (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose; (g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences; (h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. (i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality; (j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made; 3[(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;] (k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; (l) any other matter which has to be, or may be, prescribed. (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4* * * * *
1. The words "terms and" omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982). 3. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 4. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)All fees, charges and other sums received by
any Registrar, Additional, Joint, Deputy or Assistant Registrar or any other officer of the Central
Government in pursuance of any provision of this Act shall be paid into the public account of India in the
Reserve Bank of India.
(1) Save as
otherwise provided elsewhere in this Act, any person may--
(a) inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed: Provided that the rights conferred by this sub-section shall be exercisable-- (i) in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and (ii) in relation to documents so delivered in pursuance of clause (b) of subsection (1) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government. (2) No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal. (3) A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document. (1) Any document, required to be submitted, filed, registered or recorded,
or any fact or information required or authorised to be registered under this Act, shall be submitted, filed, registered or recorded within the time specified in the relevant provision on payment of such fee as may be prescribed:
1[Provided that where any document, fact or information required to be submitted, filed, registered or recorded, as the case may be, under section 92 or 137 is not submited, filed, registered or recorded, as the case may be, within the period provided in those sections, without prejudice to any other legal action or liability under this Act, it may be submitted, filed, registered or recorded, as the case may be, after expiry of the period so provided in those sections, on payment of such additional fee as may be prescribed, which shall not be less than one hundred rupees per day and different amounts may be prescribed for different classes of companies:] 2[Provided further that where the document, fact or information, as the case may be, in cases other than referred to in the first proviso, is not submitted, filed, registered or recorded, as the case may be, within the period provided in the relevant section, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded as the case may be, on payment of such additional fee as may be prescribed and different fees may be prescribed for different classes of companies: 3[Provided also that where there is default on two or more occasions in submitting, filing, registering or recording of such document, fact or information, as may be prescribed, it may, without prejudice to any other legal action or liability under this Act, be submitted, filed, registered or recorded, as the case may be, on payment of such higher additional fee, as may be prescribed.]] 4[(2) Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified in the relevant section, the company and the officers of the company who are in default, shall, without prejudice to the liability for the payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.]
1. Subs. by Act 1 of 2018, s. 80, for the first proviso (w.e.f. 7-5-2018).
2. Subs. by, s. 80, ibid, for second and third proviso (w.e.f. 1-7-2022). 3. Subs. by Act 29 of 2020, s. 56, for the third proviso (w.e.f. 1-7-2022). 4. Subs. by Act 1 of 2018, s. 80, for sub-section (2) (w.e.f. 7-5-2018). (1) Notwithstanding anything to the contrary contained in this Act, and without prejudice to the
provisions contained in section 6 of the Information Technology Act, 2000 (21 of 2000), the Central
Government may make rules so as to require from such date as may be prescribed in the rules that--
(a) such applications, balance sheet, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be prescribed; (e) such fees, charges or other sums payable under this Act or the rules made thereunder shall be paid through the electronic form and in such manner as may be prescribed; and (f) the Registrar shall register change of registered office, alteration of memorandum or articles, 1*** issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this Act or the rules made thereunder or perform duties or discharge functions or exercise powers under this Act or the rules made thereunder or do any act which is by this Act directed to be performed or discharged or exercised or done by the Registrar in the electronic form in such manner as may be prescribed. Explanation. --For the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this Act or punishment therefor. (2) The Central Government may, by notification, frame a scheme to carry out the provisions of subsection (1) through the electronic form.
1. The word "prospectus" omitted by Act 22 of 2019, s. 38 (w.e.f. 15-8-2019).
(1) For the purposes of exercising such powers and discharging such
functions as are conferred on the Central Government by or under this Act or under the rules made
thereunder and for the purposes of registration of companies under this Act, the Central Government
shall, by notification, establish such number of offices at such places as it thinks fit, specifying their
jurisdiction.
(2) The Central Government may appoint such Registrars, Additional, Joint, Deputy and Assistant Registrars as it considers necessary for the registration of companies and discharge of various functions under this Act, and the powers and duties that may be exercisable by such officers shall be such as may be prescribed. (3) The terms and conditions of service, including the salaries payable to persons appointed under sub-section (2), shall be such as may be prescribed. (4) The Central Government may direct a seal or seals to be prepared for the authentication of documents required for, or connected with, the registration of companies. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)The Scheme shall be laid, as soon as may be, after it is
framed 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 successive sessions, and if before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making any modification in any
provision of the Scheme or both Houses agree that any provision in the Scheme should not be made, the
provision of the Scheme 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 prejudice to the
validity of anything previously done under that provision. 3
| ||||||||||||||||
Related Section(s)(1) The Commission shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the provisions of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the duties of a metro railway administration and the Commissioner in regard to the opening of a metro railway for the public carriage of passengers; (b) the arrangements to be made for and the formalities to be complied with before opening a metro railway for the public carriage of passengers; (c) for regulating the mode in which, and the speed at which rolling stock used on metro railway is to be moved or propelled; and (d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with. 1[(1) This Act may be called the Metro Railways
(Operation and Maintenance) Act, 2002.
(2) It extends in the first instance to the National Capital Region and the Central Government may, by notification, after consultation with the State Government, extend this Act to such other metropolitan area and metropolitan city, except the metropolitan city of Calcutta, and with effect from such date as may be specified in that notification and thereupon the provisions of this Act shall apply to that metropolitan area or metropolitan city accordingly. (3) It shall be deemed to have come into force on the 29th day of October, 2002.]
1. Subs. by s. 6, ibid., for sub-sections (1) and (2) (w.e.f. 7-9-2009).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) This Act may be called the 1[Van (Sanrakshan
Evam Samvardhan) Adhiniyam], 1980.
(2) It extends to the whole of India 2***. (3) It shall be deemed to have come into force on the 25th day of October, 1980.
1. Subs. by s. 3, ibid., for "Forest (Conservation) Act" (w.e.f. 1-12-2023).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of the 1 [Chairperson and Members] under section 8; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 11; (c) any other power of a civil court required to be prescribed under clause (f) of sub-section (1) of section 13; (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of section 34; and (e) any other matter which has to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by Act 43 of 2006, s.17, for "Members" (w.e.f. 23-11-2006).
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Related Section(s)(1) Notwithstanding anything
contained in section 73, a public company, having such net worth or turnover as may be prescribed, may
accept deposits from persons other than its members subject to compliance with the requirements
provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in
consultation with the Reserve Bank of India, prescribe:
Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. (2) A company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on such terms and conditions, including the provision of security, if any, or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:-- (a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed; (b) filing a copy of the circular along with such statement with the Registrar within thirty days before the date of issue of the circular; 1[(c) depositing, on or before the thirtieth day of April each year, such sum which shall not be less than twenty per cent. of the amount of its deposits maturing during the following financial year and kept in a scheduled bank in a separate bank account to be called deposit repayment reserve account;] 2* * * * * (e) certifying that the company has not committed any default in the repayment of deposits accepted either before or after the commencement of this Act or payment of interest on, 3[such deposits and where a default had occurred, the company made good the default and a period of five years had lapsed since the date of making good the default;] and (f) providing security, if any for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the property or assets of the company: Provided that in case where a company does not secure the deposits or secures such deposits partially, then, the deposits shall be termed as unsecured deposits and shall be so quoted in every circular, form, advertisement or in any document related to invitation or acceptance of deposits. (3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section. (4) Where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the Tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the Tribunal may deem fit. (5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used by the company for any purpose other than repayment of deposits.
1. Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).
2. Clause (d) omitted by s. 15, ibid. (w.e.f. 15-8-2018). 3. Subs. by s. 15,ibid., for "such deposits;" (w.e.f. 15-8-2018) | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1[12. Financial and administrative powers of the Chairman.--(1) The Chairman shall exercise
such financial and administrative powers over the Benches as may be vested in him under the rules made
by the appropriate Government.
(2) The appropriate Government may designate one or more Members to be the Vice-Chairman or, as the case may be, Vice-Chairman thereof and the Members so designated shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general or special order in writing.]
1. Subs. by Act 1 of 2007, s. 12, for section 12 (w.e.f. 19-2-2007).
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) Subject to any rules made in this behalf by the State
Government, including rules relating to the payment of fees and postal charges, any person may--
(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and 1[(b) obtain, electronically or otherwise, a certificate of birth or death from such register and issued in such form and manner as may be prescribed: Provided that no certificate relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register.] (2) All 2[certificates] given under this section shall be certified by the Registrar or any other officer authorised by the State Government to give such 2[certificates] as provided in section 76 of the Indian Evidence Act, 1872 (1 of 1872), and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates. 3[(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of-- (a) admission to an educational institution; (b) issuance of a driving licence; (c) preparation of a voter list; (d) registration of a marriage; (e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government; (f) issuance of a passport; (g) issuance of an Aadhaar number; and (h) any other purpose as may be determined by the Central Government.]
1. Subs. by s. 13, ibid., for clause (b) (w.e.f. 1-10-2023).
2. Subs. by s. 13, ibid., for "extracts" (w.e.f. 1-10-2023). 3. Ins. by s. 13, ibid. (w.e.f. 1-10-2023). (1) The
1[Registrar General of India] shall, subject to such rules as may be made by the Central Government in this
behalf, cause to be registered information as to births and deaths of citizens of India outside India received by
him under the rules relating to the registration of such citizens at Indian Consulates made under the Citizenship
Act, 1955 (57 of 1955), and every such registration shall also be deemed to have been duly made under this
Act.
(2) In the case of any child born outside India in respect of whom information has not been received as provided in sub-section (1), if the parents of the child return to India with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in India, get the birth of the child registered under this Act in the same manner as if the child was born in India and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.
1. Subs. by s. 2, ibid., for "Registrar-General" (w.e.f. 1-10-2023)
The State Government may, by notification in the Official Gazette,
divide the territory within the State into such registration divisions as it may think fit and prescribe
different rules for different registration divisions.
The State Government may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act (except the power to make rules under section 30) or
the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be
exercisable, also by such officer or authority subordinate to the State Government as may be specified in
the direction.
All Registrars and
Sub-Registrars shall, while acting or purporting to act in pursuance of the provisions of this Act or any
rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(1) In this Act, unless the context otherwise requires,--
1[(a) "Aadhaar number" shall have the same meaning as assigned to it in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); (aa) "adoption" shall have the same meaning as assigned to it in clause (2) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016);] 2[(ab)] "birth" means live-birth or still-birth; 1[(b) "database" means the organised collection of data, generally stored and accessed in electronic form from a computer network;] 3[(ba)] "death" means the permanent disappearance of all evidence of life at any time after live-birth has taken place; (c) "foetal death" means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy; (d) "live-birth" means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered live-born; (e) "prescribed" means prescribed by rules made under this Act; (f) "State Government", in relation to a Union territory, means the Administrator thereof; (g) "still-birth" means foetal death where a product of conception has attained at least the prescribed period of gestation. (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.
1. Ins. by Act 20 of 2023, s. 3 (w.e.f. 1-10-2023).
2. Clause (a) re-numbered as clause (ab) by s. 3, ibid.(w.e.f. 1-10-2023). 3. Clause (b) re-numbered as clause (ba) by s. 3, ibid.(w.e.f. 1-10-2023). (1) No suit, prosecution or other legal proceeding
shall lie against the Government, the 1[Registrar General of India], any Registrar, or any person exercising
any power or performing any duty under this Act for anything which is in good faith done or intended to
be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this Act or any rule or order made thereunder.
1. Subs. by Act 20 of 2023, s. 2, for "Registrar-General" (w.e.f. 1-10-2023).
(1) The State Government may, with the approval of the Central
Government, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for-- (a) the forms of registers of births and deaths required to be kept under this Act; (b) the period within which and the form and the manner in which information should be given to the registrar under section 8; (c) the period within which and the manner in which births and deaths shall be notified under sub-section (1) of section 10; 1[(d) the form of certificate of the cause of death under sub-section (2) and (3) of section 10; (e) the particulars of which extract may be given under section 12; (f) the authority which may grant permission for registration of a birth or death under sub-section (2) of section 13;] (g) the fees payable for registration made under section 13; 2[(ga) the form and manner in which the certificate of birth or death may be obtained under clause (b) of sub-section (1) of section 17; (gb) the form and manner of preferring an appeal under sub-section (1) of section 25A;] (h) the submission of reports by the Chief Registrar under sub-section (4) of section 4; (i) the search of birth and death registers and the fees payable for such search and for the grant of 3[certificates] from the registers; (j) the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published; (k) the custody, production and transfer of the registers and other records kept by Registrars; (l) the correction of errors and the cancellation of entries in the register of births and deaths; (m) any other matter which has to be, or may be, prescribed. 4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
1. Subs. by s. 18, ibid., for clauses (d), (e) and (f) (w.e.f. 1-10-2023).
2. Ins. by s. 18, ibid. (w.e.f. 1-10-2023). 3. Subs. by s. 18, ibid., for "extracts" (w.e.f. 1-10-2023). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). (1) The State Government may, by notification in the Official Gazette, appoint
a Chief Registrar for the State.
(2) The State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time, authorise them to discharge. (3) The Chief Registrar shall be the chief executive authority in the State for carrying into execution the provisions of this Act and the rules and orders made thereunder subject to the directions, if any, given by the State Government. (4) The Chief Registrar shall take steps, by the issue of suitable instructions or otherwise, to co-ordinate, unity and supervise the work of registration in the State for securing an efficient system of registration and shall prepare and submit to the State Government, in such manner and at such intervals as may be prescribed, a report on the working of this Act in the State along with the statistical report to in sub-section (2) of section 19. The Central Government may give such directions to any State
Government as may appear to be necessary for carrying into execution in the State any of the provisions
of this Act or of any rule or order made thereunder.
(1) Subject to the provisions of section 29, as from the coming into force of
this Act in any State or part thereof, so much of any law in force therein as relates to the matters covered
by this Act shall stand repealed in such State or part, as the case may be.
(2) Notwithstanding such repeal, anything done or any action taken (including any instruction or direction issued, any regulation or rule or order made) under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this Act. If it is proved to the
satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is
erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such
rules as may be made by the State Government with respect to the conditions on which and the
circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry
by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal
entry and add thereto the date of the correction or cancellation.
| ||||||||||||||||
Related Section(s)The
Central Government may by rules made under this Act exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless
telegraphy apparatus.
(1) The Central Government may, by
notification in the Official Gazette, make rules1
for the purpose of carrying into effect the provisions
of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (i) determining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this Act; (ii) the exemption of persons or classes of persons under section 4 from the provisions of this Act; (iii) the manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses; (iv) the maintenance of records containing details of the acquisition and disposal by sale or otherwise of wireless telegraphy apparatus possessed by dealers in wireless telegraphy apparatus; (v) the conditions governing the sale of wireless telegraphy apparatus b y dealers in the manufacturers of such apparatus. 2*** 3* * * * * (3) In making a rule under this section the Central Government may direct that a breach of it shall be punishable with fine which may extend to one hundred rupees. 4[(4) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. For the Indian Wireless Telegraphy (Possession) Rules, 1938, made under this section, see Gazette of India, 1933, Pt. I, p. 1131.
2. The word "and" rep. by Act 32 of 1940, s. 2 and Schedule I. 3. Clause (vi) rep.by s. 2 and Schedule I, ibid. 4. Ins. by Act 15 of 1961, s. 5. 5. Subs. by Act 4 of 1986, s. 2 and Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) Except as may be
otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be
valid in any other region, unless the permit has been countersigned by the Regional Transport Authority
of that other rigion, and a permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the Regional Transport Authority
concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that-- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 3* * * * * (11) The following shall be conditions of every permit granted under sub-section (9), namely:-- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. Explanation.-- In this section,-- (a) "appropriate authority", in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) "authorisation fee" means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) "national permit" means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
1. Subs. by Act 54 of 1994, s. 27, for "grant a special permit in relation to a vehicle covered" (w.e.f. 14-11-1994).
1. Subs. by Act 54 of 1994, s. 27 for "and 89" (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). (1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:-- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 2[published] under this Act; (iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such fees; (iv) the matters in respect of which the examiner may make a report to the Controller; 4[(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25; (va) the period within which the Controller is required to dispose of an application under section 39;] (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents 3[and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form] and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; 5**** (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained 5[under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed. (3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6[Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.]
1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).
2. Subs. by s. 76, ibid., for advertised (w.e.f. (1-1-2005). 3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003). 4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005). 5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 6. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005). (1) This Act may be called the Patents Act, 1970.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. 1-4-1978, vide notification No. S.O. 799, dated 10-3-1978, in respect of the provisions of sub-section (2) of s. 12 and
sub-section (2) of s. 13, s. 28, s. 68, and ss. 125 to 132 see Gazette of India, Part II, sec. 3 (ii). 20-4-1972 vide notification No. S.O. 300 dated 20-4-1972, in respect of the provisions [except sub-section (2) of s. 12 and sub-section (2) of s. 13, s. 28, s. 68 and ss. 125 to 132] see Gazette of India, Part II, sec. 3 (ii). | ||||||||||||||||
Related Section(s)The
Central Government may by rules made under this Act exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless
telegraphy apparatus.
(1) The Central Government may, by
notification in the Official Gazette, make rules1
for the purpose of carrying into effect the provisions
of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (i) determining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this Act; (ii) the exemption of persons or classes of persons under section 4 from the provisions of this Act; (iii) the manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses; (iv) the maintenance of records containing details of the acquisition and disposal by sale or otherwise of wireless telegraphy apparatus possessed by dealers in wireless telegraphy apparatus; (v) the conditions governing the sale of wireless telegraphy apparatus b y dealers in the manufacturers of such apparatus. 2*** 3* * * * * (3) In making a rule under this section the Central Government may direct that a breach of it shall be punishable with fine which may extend to one hundred rupees. 4[(4) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. For the Indian Wireless Telegraphy (Possession) Rules, 1938, made under this section, see Gazette of India, 1933, Pt. I, p. 1131.
2. The word "and" rep. by Act 32 of 1940, s. 2 and Schedule I. 3. Clause (vi) rep.by s. 2 and Schedule I, ibid. 4. Ins. by Act 15 of 1961, s. 5. 5. Subs. by Act 4 of 1986, s. 2 and Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Companies Act, 2013.
(2) It extends to the whole of India. (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and *different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. (4) The provisions of this Act shall apply to-- (a) companies incorporated under this Act or under any previous company law; (b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949); (d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003); (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and (f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification. To be deleted
*, 1. 12th September, 2013 -- S. 2(1),(3), (4), (5), (6), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (28), (29) [except
sub-clause (iv)], (30), (32), (33), (34), (35), (36), (37), (38), (39), (40), (43), (44), (45), (46), (49), (50), (51), (52), (53), (54), (55), (56), (57), (58), (59), (60), (61),
(63), (64), (65), (66), (67) [except sub-clause (ix)], (84), (86),(87) [except the proviso and Explanation (d)], (88), (89), (90), (91), (92), (93), (94), (95); s. 19, 21, 22,
23 [except clause (b) of sub-section (1) and sub-section (2)], 24, 25 [except sub-section (3)], 29, 30, 31, 32, 33 [except sub-section (3)], 34, 35 [except clause (e) of
sub-section (1)], 36, 37, 38 39 [except sub-section (4)], 40 [except sub-section (6)], 44, 45, 49, 50, 51, 57, 58, 59, 60, 65, 69, 70 [except sub-section (2)], 86, 91, 100
[except sub-section (6)], 102, 103, 104, 105 [except the third and fourth provisos of sub-section (1) and sub-section (7)], 106, 107, 111, 112, 113 [except clause (b) of
sub-section (1)], 114, 116, 127, 133, 161 [except sub-section (2)], 162, 163, 176, 180, 181, 182, 183, 185, 192, 194,195, 202, 379, 382, 383, 386 [except clause (a)],
394, 405, 407, 408, 409, 410, 411, 412, 413, 414, 439, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 456, 457, 458, 459, 460, 461, 462, 463, 467, 468, 469,
470, vide notification No. S.O. 2754(E), dated 12th September, 2013, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st April 2014 S. 2(2), (7), (13), (31), (41), (42), (47), (48), (62), (83), (85) and Explanation (d) of clause (87); ss. 3, 4, 5, 6; s. 7 [except sub-section (7)]; s. 8 [except sub-section (9)]; ss. 9, 10, 11, 12 and 13; s. 14 [except second proviso to sub-section (1) and sub-section (2)]; ss. 15, 16, 17 and 18; section 20; clause (b) of sub-section (1) and sub-section (2) of section 23; sub-section (3) of section 25; ss. 26, 27 and 28; sub-section (3) of s. 33; clause (e) of sub-section (1) of s. 35; subsection (4) of s. 39; sub-section (6) of s. 40; ss. 41, 42 and 43; ss. 46 and 47; ss. 52, 53 and 54; s. 55 [except sub-section (3)]; s. 56; s. 61 [except proviso to clause (b) of sub-section (1)]; s. 62 [except sub-sections (4) to (6)]; ss. 63 and 64; ss. 67 and 68; sub-section (2) of section 70; s. 71 [except sub-sections (9) to (11)]; ss. 72 and 73; sub-section (1) of s. 74; ss. 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85; ss. 87, 88, 89 and 90; ss. 92, 93, 94, 95 and 96; sub-section (6) of s.100; s. 101; third and fourth provisos to sub-section (1) and sub-section (7) of s. 105; ss. 108, 109 and 110; clause (b) of sub-section (1) of s. 113; s. 115; ss. 117and 118; s. 119 [except sub-section (4)]; ss. 120, 121, 122 and 123; s. 126; ss. 128 and 129; s.134; ss. 136, 137, 138 and 139; s. 140 [except second proviso to sub-section (4) and sub-section (5)]; ss. 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159 and 160; sub-section (2) of s. 161; ss. 164, 165, 166, 167 and 168; s. 169 [except sub-section (4)]; ss. 170, 171, 172, 173, 174 and 175; ss. 177, 178 and 179; s. 184; ss. 186, 187, 188, 189, 190 and 191; s. 193; ss. 196, 197, 198, 199, 200 and 201; ss. 203, 204, 205, 206, 207, 208, 209, 210 and 211; s. 212 [except references of sub-section (10) of s. 66, sub-section (5) of s. 140], s. 213, subsection (1) of s. 251 and sub-section (3) of s. 339 made in sub-section (6) and also sub-sections (8) to (10)]; ss. 214, 215; s. 216 [except sub-section (2)]; s. 217; ss. 219 and 220; s. 223; s. 224 [except sub-sections (2) and (5)]; s. 225; ss. 228 and 229; ss. 366, 367, 368and 369; s. 370 (except the proviso); s. 371; s. 374; ss. 380and 381; ss. 384 and 385; clause (a) of s. 386; ss. 387, 388, 389 and 390; sub-section (1) of s. 391; ss. 392 and 393; ss. 395, 396, 397 and 398; s. 399 [except reference of word Tribunal in sub-section (2)]; ss. 400, 401, 402, 403 and 404; s. 406; s. 442; ss. 454and 455; s. 464; Schs. I, II, III, IV, V and VI, vide notification No. S.O. 902(E), dated 26th March, 2014, see Gazette of India, Extraordinary, Part II, sec.3(ii). 1st April, 2014 -- S. 135 and Sch. VII, vide notification No. S.O. 582(E), dated 27th February, 2014, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 6th June, 2014 Sub-sections (2) and (3) of s. 74, vide notification No. S.O. 1459(E), dated 6th June, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13th January, 2016 -- S. 125(5), (6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and (7), vide notification No. S.O. 125(E), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 18th May, 2016 --S. 2(29) (iv), ss. 435 to 438 and s. 440, vide notification No. S.O. 1795(E), dated 18th May, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 2016 --S. 7(7) [except clause (c) and (d)], s. 14(2), second proviso to sub-section (1) of s. 14, s. 55 (3), proviso to clause (b) of sub-section (1) of s. 61; s. 62 (4) to (6), s. 71 (9), (10) and (11), s. 75; s. 97; s. 98 and s. 99; S. 119 (4), s. 130 and 131; second proviso to sub-section (4) and (5) of s. 140, s. 169(4), s. 213, s. 216 (2), s. 218, s. 221, s. 222, s. 224 (5), ss. 241, 242 [except clause (b) of sub-section (1), cls. (c) and (g) of sub-section (2), 243, 244 and 245; Reference of word Tribunal s. 399 (2),ss. 415 to 433, s. 434 (1) (a) and (b) & (2), s. 441and 466, vide notification No. S.O. 1934(E), dated 1st June, 2016, see Gazette of India, Extraordinary Part II, sec. 3(ii). 7th September, 2016 -S. 124, s. 125 (1) to (4), (6) [with respect to the manner of administration of the Investor Education and Protection Fund] and (8) to (11) vide Notification No. S.O. 2866(E), dated 5th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th September, 2016 -- S. 227, 242 (1) (b), (2) (c) & (g), s. 246, Ss. 337 to 341 (to the extent of their applicability for s. 246), vide notification No. S.O. 2912(E), dated 9th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 2016-S. 2 (23), s.7 (7) (c) and (d), s. 8 (9), s. 48, s. 66, s. 224 (2), s. 226, s. 230 [except sub-section (11) and (12)], and ss. 231 to 233, ss. 235 to 240, ss. 270 to 288, ss. 290 to 303, ss. 324, ss. 326 to 365, proviso to s. 370, ss. 372 to 373, ss. 375 to 378, s. 391 (2), s. 434 (1) cl. (c) vide notification No. S.O. 3677(E), dated 7th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 26th December, 2016 --Ss. 248 to 252, vide notification No. S.O. 4167(E), dated 26th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 13th April, 2017 -- S. 234, vide notification No. S.O. 1182(E), dated 13th April, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 24th August, 2017 --S. 212 (8), (9) and (10), vide notification No. S.O. 2751(E), dated 24th August, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 20th September, 2017 --Proviso to clause (87) of s. 2, vide notification No. S.O. 3086(E), dated 20th September, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 18th October, 2017 --S. 247, vide notification No. S.O. 3393(E), dated 18th October, 2017, see Gazette of India, Extraordinary Part II, sec. 3(ii). 21st March, 2018- S. 132 (3) and (11), vide notification No. S.O. 1316(E), dated 21st March, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st October, 2018 -- S 132 (1) and (12), vide notification No. S.O. 5098(E), dated 1st October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 24th October, 2018 -- S 132 (2), (4), (5), (10), (13), (14) and (15) vide notification No. S.O. 5385(E), dated 24th October, 2018, see Gazette of India, Extraordinary Part II, sec. 3(ii). 30th January, 2019 -- S465in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) vide notification No. S.O. 560(E), dated 30th January 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 1st July, 2019-S. 81 vide notification No. S.O. 2269(E), dated 15th August, 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 3rd February, 2020-S. 230 (11) and (12), vide notification No. S.O. 525(E), dated 3rd February, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 21st December, 2020-S. 1, 3,6 to 10 (both inclusive), s. 12 to 17 (both inclusive), clauses (a) and (b) of s. 18, s. 19 to 21 (both inclusive), clause (i) of s. 22, 24,26, 28 to 31 (both inclusive), s. 33 to 39 (both inclusive), s. 41 to 44 (both inclusive), s. 46 to 51 (both inclusive), s. 54, 57, 61 and 63, vide notification No. S.O. 4646(E), dated 21st December, 2020, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). *. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) Where a share capital of the company is divided into
different classes of shares, the rights attached to the shares of any class may be varied with the consent in
writing of the holders of not less than three-fourths of the issued shares of that class or by means of a
special resolution passed at a separate meeting of the holders of the issued shares of that class,--
(a) if provision with respect to such variation is contained in the memorandum or articles of the company; or (b) in the absence of any such provision in the memorandum or articles, if such variation is not prohibited by the terms of issue of the shares of that class: Provided that if variation by one class of shareholders affects the rights of any other class of shareholders, the consent of three-fourths of such other class of shareholders shall also be obtained and the provisions of this section shall apply to such variation. (2) Where the holders of not less than ten per cent. of the issued shares of a class did not consent to such variation or vote in favour of the special resolution for the variation, they may apply to the Tribunal to have the variation cancelled, and where any such application is made, the variation shall not have effect unless and until it is confirmed by the Tribunal: Provided that an application under this section shall be made within twenty-one days after the date on which the consent was given or the resolution was passed, as the case may be, and may be made on behalf of the shareholders entitled to make the application by such one or more of their number as they may appoint in writing for the purpose. (3) The decision of the Tribunal on any application under sub-section (2) shall be binding on the shareholders. (4) The company shall, within thirty days of the date of the order of the Tribunal, file a copy thereof with the Registrar. 1* * * * *
1. Sub-section (5) omitted by Act 29 of 2020, s. 8 (w.e.f. 21-12-2020).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
No person
shall handle or cause to be handled any hazardous substance except in accordance with such procedure
and after complying with such safeguards as may be prescribed.
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. | ||||||||||||||||
Related Section(s)(1) A company may be formed for any lawful purpose by--
(a) seven or more persons, where the company to be formed is to be a public company; (b) two or more persons, where the company to be formed is to be a private company; or (c) one person, where the company to be formed is to be One Person Company that is to say, a private company, by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration: Provided that the memorandum of One Person Company shall indicate the name of the other person,with his prior written consent in the prescribed form, who shall, in the event of the subscribers death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles: Provided further that such other person may withdraw his consent in such manner as may be prescribed: Provided also that the member of One Person Company may at any time change the name of such other person by giving notice in such manner as may be prescribed: Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed: Provided also that any such change in the name of the person shall not be deemed to be an alteration of the memorandum. (2) A company formed under sub-section (1) may be either-- (a) a company limited by shares; or (b) a company limited by guarantee; or (c) an unlimited company. In this Act, unless the context otherwise requires,--
(1) "abridged prospectus" means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf; (2) "accounting standards" means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133; (3) "alter" or "alteration" includes the making of additions, omissions and substitutions; (4) "Appellate Tribunal" means the National Company Law Appellate Tribunal constituted under section 410; (5) "articles" means the articles of association of a company as originally framed or as altered from time to time or applied in pursuance of any previous company law or of this Act; (6) "associate company", in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company. 1[Explanation.-- For the purpose of this clause,-- (a) the expression "significant influence" means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement; (b) the expression "joint venture" means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;] (7) "auditing standards" means the standards of auditing or any addendum thereto for companies or class of companies referred to in sub-section (10) of section 143; (8) "authorised capital" or "nominal capital" means such capital as is authorised by the memorandum of a company to be the maximum amount of share capital of the company; (9) "banking company" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (10) "Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company; (11) "body corporate" or "corporation" includes a company incorporated outside India, but does not include-- (i) a co-operative society registered under any law relating to co-operative societies; and (ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf; (12) "book and paper" and "book or paper" include books of account, deeds, vouchers, writings, documents, minutes and registers maintained on paper or in electronic form; (13) "books of account" includes records maintained in respect of-- (i) all sums of money received and expended by a company and matters in relation to which the receipts and expenditure take place; (ii) all sales and purchases of goods and services by the company; (iii) the assets and liabilities of the company; and (iv) the items of cost as may be prescribed under section 148 in the case of a company which belongs to any class of companies specified under that section; (14) "branch office", in relation to a company, means any establishment described as such by the company; (15) "called-up capital" means such part of the capital, which has been called for payment; (16) "charge" means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage; (17) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who holds a valid certificate of practice under sub-section (1) of section 6 of that Act; (18) "Chief Executive Officer" means an officer of a company, who has been designated as such by it; (19) "Chief Financial Officer" means a person appointed as the Chief Financial Officer of a company; (20) "company" means a company incorporated under this Act or under any previous company law; (21) "company limited by guarantee" means a company having the liability of its members limited by the memorandum to such amount as the members may respectively undertake to contribute to the assets of the company in the event of its being wound up; (22) "company limited by shares" means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them; 2[(23) "Company Liquidator" means a person appointed by the Tribunal as the Company Liquidator in accordance with the provisions of section 275 for the winding up of a company under this Act;] (24) "company secretary" or "secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980) who is appointed by a company to perform the functions of a company secretary under this Act; (25) "company secretary in practice" means a company secretary who is deemed to be in practice under sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980); (26) "contributory" means a person liable to contribute towards the assets of the company in the event of its being wound up. Explanation.--For the purposes of this clause, it is hereby clarified that a person holding fully paid-up shares in a company shall be considered as a contributory but shall have no liabilities of a contributory under the Act whilst retaining rights of such a contributory; (27) "control" shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner; 3[(28) "Cost Accountant" means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;] (29) "court" means-- (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii); (ii) the district court, in cases where the Central Government has, by notification, empowered any district court to exercise all or any of the jurisdictions conferred upon the High Court, within the scope of its jurisdiction in respect of a company whose registered office is situate in the district; (iii) the Court of Session having jurisdiction to try any offence under this Act or under any previous company law; (iv) the Special Court established under section 435; (v) any Metropolitan Magistrate or a Judicial Magistrate of the First Class having jurisdiction to try any offence under this Act or under any previous company law; (30) "debenture" includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not: 4[Provided that-- (a) the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company, shall not be treated as debenture;] (31) "deposit" includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India; (32) "depository" means a depository as defined in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996); (33) "derivative" means the derivative as defined in clause (ac) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (34) "director" means a director appointed to the Board of a company; (35) "dividend" includes any interim dividend; (36) "document" includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form; (37) "employees stock option" means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a pre-determined price; (38) "expert" includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law for the time being in force; (39) "financial institution" includes a scheduled bank, and any other financial institution defined or notified under the Reserve Bank of India Act, 1934 (2 of 1934); (40) "financial statement" in relation to a company, includes-- (i) a balance sheet as at the end of the financial year; (ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year; (iii) cash flow statement for the financial year; (iv) a statement of changes in equity, if applicable; and (v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv): Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement; (41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of March every year, and where it has been incorporated on or after the 1st day of January of a year, the period ending on the 31st day of March of the following year, in respect whereof financial statement of the company or body corporate is made up: 5[Provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside India and is required to follow a different financial year for consolidation of its accounts outside India, the Central Government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year: Provided further that any application pending before the Tribunal as on the date of commencement of the Companies (Amendment) Act, 2019, shall be disposed of by the Tribunal in accordance with the provisions applicable to it before such commencement;] 6[Provided also that] a company or body corporate, existing on the commencement of this Act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; (42) "foreign company" means any company or body corporate incorporated outside India which-- (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner; (43) "free reserves" means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that-- (i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or (ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves; (44) "Global Depository Receipt" means any instrument in the form of a depository receipt, by whatever name called, created by a foreign depository outside India and authorised by a company making an issue of such depository receipts; (45) "Government company" means any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company; (46) "holding company", in relation to one or more other companies, means a company of which such companies are subsidiary companies; 7[Explanation.-- For the purposes of this clause, the expression "company" includes any body corporate;] (47) "independent director" means an independent director referred to in sub-section (6) of section 149; (48) "Indian Depository Receipt" means any instrument in the form of a depository receipt created by a domestic depository in India and authorised by a company incorporated outside India making an issue of such depository receipts; 8* * * * * (50) "issued capital" means such capital as the company issues from time to time for subscription; (51) "key managerial personnel", in relation to a company, means-- (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; 9*** 10[(v) such other officer, not more than one level below the directors who is in whole-time employment, designated as key managerial personnel by the Board; and (vi) such other officer as may be prescribed;] (52) "listed company" means a company which has any of its securities listed on any recognised stock exchange; 11 [Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies.] (53) "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not; (54) "managing director" means a director who, by virtue of the articles of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of management of the affairs of the company and includes a director occupying the position of managing director, by whatever name called. Explanation.--For the purposes of this clause, the power to do administrative acts of a routine nature when so authorised by the Board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse any negotiable instrument or to sign any certificate of share or to direct registration of transfer of any share, shall not be deemed to be included within the substantial powers of management; (55) "member", in relation to a company, means-- (i) the subscriber to the memorandum of the company who shall be deemed to have agreed to become member of the company, and on its registration, shall be entered as member in its register of members; (ii) every other person who agrees in writing to become a member of the company and whose name is entered in the register of members of the company; (iii) every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository; (56) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; (57) "net worth" means the aggregate value of the paid-up share capital and all reserves created out of the profits 12[, securities premium account and debit or credit balance of profit and loss account,] after deducting the aggregate value of the accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does not include reserves created out of revaluation of assets, write-back of depreciation and amalgamation; (58) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (59) "officer" includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act; (60) "officer who is in default", for the purpose of any provision in this Act which enacts that an officer of the company who is in default shall be liable to any penalty or punishment by way of imprisonment, fine or otherwise, means any of the following officers of a company, namely:-- (i) whole-time director; (ii) key managerial personnel; (iii) where there is no key managerial personnel, such director or directors as specified by the Board in this behalf and who has or have given his or their consent in writing to the Board to such specification, or all the directors, if no director is so specified; (iv) any person who, under the immediate authority of the Board or any key managerial personnel, is charged with any responsibility including maintenance, filing or distribution of accounts or records, authorises, actively participates in, knowingly permits, or knowingly fails to take active steps to prevent, any default; (v) any person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act, other than a person who gives advice to the Board in a professional capacity; (vi) every director, in respect of a contravention of any of the provisions of this Act, who is aware of such contravention by virtue of the receipt by him of any proceedings of the Board or participation in such proceedings without objecting to the same, or where such contravention had taken place with his consent or connivance; (vii) in respect of the issue or transfer of any shares of a company, the share transfer agents, registrars and merchant bankers to the issue or transfer; (61) "Official Liquidator" means an Official Liquidator appointed under sub-section (1) of section 59; (62) "One Person Company" means a company which has only one person as a member; (63) "ordinary or special resolution" means an ordinary resolution, or as the case may be, special resolution referred to in section 114; (64) "paid-up share capital" or "share capital paid-up" means such aggregate amount of money credited as paid-up as is equivalent to the amount received as paid-up in respect of shares issued and also includes any amount credited as paid-up in respect of shares of the company, but does not include any other amount received in respect of such shares, by whatever name called; (65) "postal ballot" means voting by post or through any electronic mode; (66) "prescribed" means prescribed by rules made under this Act; (67)"previous company law" means any of the laws specified below:-- (i) Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866); (ii) the Indian Companies Act, 1866 (10 of 1866); (iii) the Indian Companies Act, 1882 (6 of 1882); (iv) the Indian Companies Act, 1913 (7 of 1913); (v) the Registration of Transferred Companies Ordinance, 1942 (Ord. 54 of 1942); (vi) the Companies Act, 1956 (1 of 1956); and (vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force-- (A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir*), or any part thereof, before the extension thereto of the Indian Companies Act, 1913 (7 of 1913); or (B) in the State of Jammu and Kashmir*, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968), in so far as other corporations are concerned; (viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and (ix) the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961); (68) "private company" means a company having a minimum paid-up share capital 13*** as may be prescribed, and which by its articles,-- (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member: Provided further that-- (A) persons who are in the employment of the company; and (B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and (iii) prohibits any invitation to the public to subscribe for any securities of the company; (69) "promoter" means a person-- (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or in directly whether as a share holder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity; (70) "prospectus" means any document described or issued as a prospectus and includes a red herring prospectus referred to in section 32 or shelf prospectus referred to in section 31 or any notice, circular, advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate; (71)"public company" means a company which-- (a) is not a private company; 14[and] (b) has a minimum paid-up share capital 15*** as may be prescribed: Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles ; (72) "public financial institution" means-- (i) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (ii) the Infrastructure Development Finance Company Limited, referred to in clause (vi) of sub-section (1) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (iii) specified company referred to in the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002); (iv) institutions notified by the Central Government under sub-section (2) of section 4A of the Companies Act, 1956 (1 of 1956) so repealed under section 465 of this Act; (v) such other institution as may be notified by the Central Government in consultation with the Reserve Bank of India: Provided that no institution shall be so notified unless-- (A) it has been established or constituted by or under any Central or State Act 16[other than this Act or the previous company law]; or (B) not less than fifty-one per cent. of the paid-up share capital is held or controlled by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments; (73) "recognised stock exchange" means a recognised stock exchange as defined in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (74) "register of companies" means the register of companies maintained by the Registrar on paper or in any electronic mode under this Act; (75) "Registrar" means a Registrar, an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar, having the duty of registering companies and discharging various functions under this Act; (76) "related party", with reference to a company, means-- (i) a director or his relative; (ii) a key managerial personnel or his relative; (iii) a firm, in which a director, manager or his relative is a partner; (iv) a private company in which a director or manager 16[or his relative] is a member or director; (v) a public company in which a director or manager is a director 17[and holds] along with his relatives, more than two per cent. of its paid-up share capital; (vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager; (vii) any person on whose advice, directions or instructions a director or manager is accustomed to act: Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity; 18[(viii) any body corporate which is-- (A) a holding, subsidiary or an associate company of such company; (B) a subsidiary of a holding company to which it is also a subsidiary; or (C) an investing company or the venturer of the company. Explanation.-- For the purpose of this clause, "the investing company or the venturer of a company" means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate]; (ix) such other person as may be prescribed; (77) "relative", with reference to any person, means any one who is related to another, if-- (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed; (78) "remuneration" means any money or its equivalent given or passed to any person for services rendered by him and includes perquisites as defined under the Income-tax Act, 1961 (43 of 1961); (79) "Schedule" means a Schedule annexed to this Act; (80) "scheduled bank" means the scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (81) "securities" means the securities as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (82) "Securities and Exchange Board" means the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (83) "Serious Fraud Investigation Office" means the office referred to in section 211; (84) "share" means a share in the share capital of a company and includes stock; (85) "small company" means a company, other than a public company,-- (i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 19[ten crore rupees]; 20[and] (ii) turnover of which 21[as per profit and loss account for the immediately preceding financial year] does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 25[one hundred crore rupees]: Provided that nothing in this clause shall apply to-- (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act; (86) "subscribed capital" means such part of the capital which is for the time being subscribed by the members of a company; (87) "subsidiary company" or "subsidiary", in relation to any other company (that is to say the holding company), means a company in which the holding company-- (i) controls the composition of the Board of Directors; or (ii) exercises or controls more than one-half of the 23[total voting power] either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed. Explanation.--For the purposes of this clause,-- (a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company; (b) the composition of a company's Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors; (c) the expression company includes any body corporate; (d) "layer" in relation to a holding company means its subsidiary or subsidiaries; (88) "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; (89) "total voting power", in relation to any matter, means the total number of votes which may be cast in regard to that matter on a poll at a meeting of a company if all the members thereof or their proxies having a right to vote on that matter are present at the meeting and cast their votes; (90) "Tribunal" means the National Company Law Tribunal constituted under section 408; 24[(91) turnover means gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;] (92) "unlimited company" means a company not having any limit on the liability of its members; (93) "voting right" means the right of a member of a company to vote in any meeting of the company or by means of postal ballot; (94) "whole-time director" includes a director in the whole-time employment of the company; 25[(94A) "winding up" means winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016 (31 of 2016), as applicable;] (95) words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992) or the Depositories Act, 1996 (22 of 1996) shall have the meanings respectively assigned to them in those Acts.
1. The Explanation subs. by Act 1 of 2018, s. 2 (w.e.f. 7-5-2018).
2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for clause (23) (w.e.f. 15-11-2016). 3. Subs. by Act 1 of 2018, s. 2, for clause (28) (w.e.f. 9-2-2018). 4. The Proviso ins. by s. 2, ibid. (w.e.f. 9-2-2018). 5. The proviso subs. by Act 22 of 2019, s. 2 (w.e.f. 2-11-2018). 6. Subs. by s. 2, ibid., for Provided further that (w.e.f. 2-11-2018). 7. The Explanation ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 8. Clause (49) omitted by s. 2, ibid. (w.e.f. 9-2-2018). 9. The word and omitted by s. 2, ibid. (w.e.f. 9-2-2018). 10. Subs. by s. 2, ibid., for sub-clause (v) (w.e.f. 9-2-2018). 11. The Proviso ins. by Act 29 of 2020, s. 2 (w.e.f. 22-1-2021). 12. Subs. by Act 1 of 2018, s. 2, for and securities premium account (w.e.f. 9-2-2018). 13. The words of one lakh rupees or such higher paid-up share capital omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 14. Ins. by Act 1 of 2018, s. 2 (w.e.f. 9-2-2018). 15. The words of five lakh rupees or such higher paid-up capital, omitted by Act 21 of 2015, s. 2 (w.e.f. 29-5-2015). 16. Ins. by S.O. 1894 (E), dated 24th July, 2014. 17. Subs. by S.O. 1820 (E), dated 9th July, 2014 for or holds . 18. Subs. by Act 1 of 2018, s. 2, for sub-clause (viii) (w.e.f. 9-2-2018). 19. Subs. by Act 1 of 2018, s. 2, for five crore rupees (w.e.f. 9-2-2018). 20. Subs. by notification No. S.O. 504(E), dated 13th February, 2015, for word or (w.e.f. 13-2-2015). 21. Subs. by Act 1 of 2018, s. 2, for as per its last profit and loss account (w.e.f. 9-2-2018). 22. Subs. by s. 2, ibid., for twenty crore rupees (w.e.f. 9-2-2018). 23. Subs. by s. 2, ibid., for total share capital (w.e.f. 7-5-2018). 24. Subs. by Act 1 of 2018, s. 2, for clause (91) (w.e.f. 9-2-2018). 25. Ins. by Act 31 of 2016, s. 255 and the Eleventh Schedule (w.e.f. 15-11-2016). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s) (1) This Act may be called the Assisted
Reproductive Technology (Regulation) Act, 2021.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 25th January, 2022, vide notification No. S.O. 291(E), dated 20th January, 2022, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
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Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during 1[the immediately preceding financial year] shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director:
2[Provided that where a company is not required to appoint an independent director under sub-section (4) of section 149, it shall have in its Corporate Social Responsibility Committee two or more directors.] (2) The Board's report under sub-section (3) of section 134 shall disclose the composition of the Corporate Social Responsibility Committee. (3) The Corporate Social Responsibility Committee shall,-- (a) formulate and recommend to the Board, a Corporate Social Responsibility Policy which shall indicate the activities to be undertaken by the company 3[in areas or subject, specified in Schedule VII]; (b) recommend the amount of expenditure to be incurred on the activities referred to in clause (a); and (c) monitor the Corporate Social Responsibility Policy of the company from time to time. (4) The Board of every company referred to in sub-section (1) shall,-- (a) after taking into account the recommendations made by the Corporate Social Responsibility Committee, approve the Corporate Social Responsibility Policy for the company and disclose contents of such Policy in its report and also place it on the company's website, if any, in such manner as may be prescribed; and (b) ensure that the activities as are included in Corporate Social Responsibility Policy of the company are undertaken by the company. (5) The Board of every company referred to in sub-section (1), shall ensure that the company spends, in every financial year, at least two per cent. of the average net profits of the company made during the three immediately preceding financial years, 4[or where the company has not completed the period of three financial years since its incorporation, during such immediately preceding financial years] in pursuance of its Corporate Social Responsibility Policy: Provided that the company shall give preference to the local area and areas around it where it operates, for spending the amount earmarked for Corporate Social Responsibility activities: Provided further that if the company fails to spend such amount, the Board shall, in its report made under clause (o) of sub-section (3) of section 134, specify the reasons for not spending the amount 5[and, unless the unspent amount relates to any ongoing project referred to in sub-section (6), transfer such unspent amount to a Fund specified in Schedule VII, within a period of six months of the expiry of the financial years]. 6[Provided also that if the company spends an amount in excess of the requirements provided under this sub-section, such company may set off such excess amount against the requirement to spend under this sub-section for such number of succeeding financial years and in such manner, as may be prescribed.] 7[Explanation.--For the purposes of this section "net profit" shall not include such sums as may be prescribed, and shall be calculated in accordance with the provisions of section 198.] 8[(6) Any amount remaining unspent under sub-section (5), pursuant to any ongoing project, fulfilling such conditions as may be prescribed, undertaken by a company in pursuance of its Corporate Social Responsibility Policy, shall be transferred by the company within a period of thirty days from the end of the financial year to a special account to be opened by the company in that behalf for that financial year in any scheduled bank to be called the Unspent Corporate Social Responsibility Account, and such amount shall be spent by the company in pursuance of its obligation towards the Corporate Social Responsibility Policy within a period of three financial years from the date of such transfer, failing which, the company shall transfer the same to a Fund specified in Schedule VII, within a period of thirty days from the date of completion of the third financial year. 9[(7) If a company is in default in complying with the provisions of sub-section (5) or sub-section (6), the company shall be liable to a penalty of twice the amount required to be transferred by the company to the Fund specified in Schedule VII or the Unspent Corporate Social Responsibility Account, as the case may be, or one crore rupees, whichever is less, and every officer of the company who is in default shall be liable to a penalty of one-tenth of the amount required to be transferred by the company to such Fund specified in Schedule VII, or the Unspent Corporate Social Responsibility Account, as the case may be, or two lakh rupees, whichever is less.] (8) The Central Government may give such general or special directions to a company or class of companies as it considers necessary to ensure compliance of provisions of this section and such company or class of companies shall comply with such directions.] 10[(9) Where the amount to be spent by a company under sub-section (5) does not exceed fifty lakh rupees, the requirement under sub-section (1) for constitution of the Corporate Social Responsibility Committee shall not be applicable and the functions of such Committee provided under this section shall, in such cases, be discharged by the Board of Directors of such company.]
1. Subs. by Act 1 of 2018, s. 37, for "any financial year" (w.e.f. 19-9-2018).
2. The proviso ins. by s. 37, ibid., (w.e.f. 19-9-2018). 3. Subs. by s. 37, ibid., for "as specified in Schedule VII" (w.e.f. 19-9-2018). 4. Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 5. Ins. by s. 21, ibid. (w.e.f. 22-1-2021). 6. The Proviso ins. by Act 29 of 2020, s. 27 (w.e.f. 22-1-2021). 7. Subs. by Act 1 of 2018, s. 37, for the Explanation (w.e.f. 19-9-2018). 8 Ins. by Act 22 of 2019, s. 21 (w.e.f. 22-1-2021). 9. Subs. by Act 29 of 2020, s. 27, for sub-section (7) (w.e.f. 22-1-2021). 10. Ins. by s. 27, ibid. (w.e.f. 22-1-2021). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)(1) The Speaker, the Deputy Speaker, the Government Chief Whip, the Deputy Government Chief Whip and the Leader of the Opposition, hereinafter referred to as the "said officers" shall be entitled, without payment of rent or other charge to the use, throughout their respective term of office, of
(a) an official residence and furniture in Jaipur, and (b) a State car, and no charge shall fall on the said officers personally in respect of the maintenance of such residence, furniture or car : Provided that each of the said officers shall be entitled to an official residence and furniture without payment of rent or other charge in Jaipur upto a period of two months from the date he ceases to be such officer. (2) The use and maintenance of the residence, furniture and a State car referred to in sub-section (1) shall be regulated by rules made in this behalf by the State Government. *(3)(a) if the speaker, the Government Chief Whip or the leader of Opposition does not avail himself of the use of any of the facilities for which he is entitled under sub section (1), he shall be paid in lieu of such facility an allowance equal to that payable in lieu of such facility to a Minister other than the Chief Minister, Minister of State and a Deputy Minister under the Provisions of the Rajasthan Ministers Salaries Act, 1956 (Act No. 43 of 1956); and (b) if the Dupty Speaker or the Deputy Government Chief Whip does not avail himself of the use of any of the facilities for which he is entitled under sub-section (1), he shall be paid in lieu of such facility an allowance equal to that payable in lieu of such facility to a Minister of State under the provisions of the Rajasthan Ministers Salaries Act, 1956 (Act No. 43 of 1956) (4) Each of the said officers shall, irrespective of whether or not he avails himself of the use of the official residence in Jaipur to which he is entitled under this section, be further entitled to the concession of payment by Government for him and on his behalf throughout his term of office and up to a period of two months from the date he ceases to be such officer, of all charges due from him on account of the consumption of electricity and water at his residence : Provided that such payment shall not exceed such limits as may be specified in the rules made in that behalf by the State Government. (5) Each of the said officers shall further be entitled to receive, in accordance with rules made by the State Government in that behalf, (a) travelling allowances for himself and the members of his family for the transport of his and his family's effects (i) in respect of the journey to Jaipur from his usual place of residence outside Jaipur for assuming office; and (ii) in respect of the journey from Jaipur to his usual place of residence outside Jaipur on relinquishing office; and (b) travelling and daily allowances in respect of journeys (including journeys outside India) undertaken by him in the discharge of his official duties or in the public interest. (6) Any travelling allowance paid under sub-section (5) may consist either of a payment in cash or free official transport. (7) Subject to any rules made in this behalf by the State Government, each of the said officers and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the Government and also to medical treatment. (8) Subject to rules, if any, made in this behalf by the State Government, each of the said officers may be granted by the State Government in appropriate cases any concession or special facility, including the reimbursement thereof, outside the State for the following items : (i) medical treatment; (ii) medical attendance or travelling allowances for such journey performed by him; and (iii) accommodation including diet for the purpose of such treatment. (9) Subject to any rules made in this behalf by the State Government, each of the said officers shall be entitled to telephone at his residence in Jaipur and in his office. (10) The Government Chief Whip and the Deputy Government Chief Whip shall be entitled to such postal facilities as may be prescribed. (11) There shall be paid to each of the said officers, by way of a repayable advance, such sum of money for the purchase of a motor car on such terms as the State Government may, by rules, determine in order that he may be able to discharge, conveniently and efficiently, the duties of his office. (12) None of the said officers in respect of a salary or allowances under this Act shall be entitled to receive any sum out of the funds provided by the Legislative Assembly by way of salary or allowances in respect of his membership of the Assembly.
section 6-A was inserted by Raj Act No. 22 of 1957 vide Notification F.4(20)-LJ/A/57 dated 25.06.1957
(1) The State Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules shall— (a) prescribe the conditions and restrictions subject to which daily allowance may be drawn; (b) prescribe the conditions under which the rates at which and the journeys for which travelling allowances may be claimed; (c) specify the classes of journeys which shall be deemed to have been undertaken by an officer of the Legislative Assembly in the discharge of his duties; (d) prescribe the conditions under which and the rate at which hospital and free medical attendance and treatment to be afforded to any officer in the discharge of his official duties; (e) prescribe the medical, housing facilities mentioned in section 9; (f) specify the circumstances in which and the extent to which the salary of a member may be deducted; (ff) prescribe the rules for drawing pension and the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act; and (g) lay down such other matters as may be or are required to be prescribed by this Act. (3) Any rule under this Act may be made so as to have retrospective effect from such date, not earlier than the date of commencement of this Act, as the State Government may, by notification in the Official Gazette, appoint. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)1[3A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in
designated trades.--(1) In every designated trade, training places shall be reserved by the employer for
the Scheduled Castes and the Scheduled Tribes 2[and where there is more than one designated trade in an
establishment, such training places shall be reserved also on the basis of the total number of apprentices in
all the designated trades in such establishment].
(2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned. Explanation.--In this section, the expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings as in clauses (24) and (25) of article 366 of the Constitution.]
1. Ins. by s. 6, ibid. (w.e.f. 1-12-1974).
2. Ins. by Act 41 of 1986, s. 4 (w.e.f. 16-12-1987). (1) Every employer shall maintain records of the progress of training of
each apprentice undergoing apprenticeship training in his establishment in such form as may be
prescribed.
1[(2) Until a portal-site is developed by the Central Government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed. (3) Every employer shall also give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-site developed by the Central Government in this regard.]
1. Subs. by Act 29 of 2014, s. 10, for sub-section (2) (w.e.f. 22-12-2014).
1[(1) The weekly and daily hours of work of an
apprentice while undergoing practical training in a workplace shall be as determined by the employer
subject to the compliance with the training duration, if prescribed.]
(2) No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest. 2[(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in in which he is undergoing training.]
1. Subs. by Act 29 of 2014, s. 9, for sub-section (1) (w.e.f. 22-12-2014).
2. Subs. by s. 9, ibid., for sub-section (3) (w.e.f. 22-12-2014). In this Act, unless the context otherwise requires,--
1[(a) "All India Council" means the All India Council of Technical Education established by the resolution of the Government of India in the former Ministry of Education No. F. 16-10/44-E.III, dated the 30th November, 1945;] 2[(aa)] "apprentice" means a person who is undergoing apprenticeship training 3 *** in pursuance of a contract of apprenticeship; 1[(aaa) "apprenticeship training" means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices;] (b) "Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed under sub-section (1) of section 26 or the State Apprenticeship Adviser appointed under sub-section (2) of that section; (c) "Apprenticeship Council" means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) of section 24; (d) "appropriate Government" means,-- (1) in relation to-- (a) the Central Apprenticeship Council, or 4[(aa) the Regional Boards, or (aaa) the practical training of graduate or technician apprentices or technician (vocational) apprentices, or] (b) any establishment of any railway, major port, mine or oil field, or 5[(bb) any establishment which is operating business or trade from different locations situated in four or more States, or] (c) any establishment owned, controlled or managed by-- (i) the Central Government or a department of the Central Government, (ii) a company in which not less than fifty-one per cent. of the share capital is held by the Central Government or partly by that Government and partly by one or more State Governments, (iii) a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government, the Central Government; (2) in relation to-- (a) a State Apprenticeship Council, or (b) any establishment other than an establishment specified in sub-clause (1) of this clause, the State Government; 6[(dd) "Board or State Council of Technical Education" means the Board or State Council of Technical Education established by the State Government;] 7[(e) "designated trade" means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course which the Central Government, after consultation with the Central Apprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act;] (f) "employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment; (g) "establishment" includes any place where any industry is carried on 8[and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment]; (h) "establishment in private sector" means an establishment which is not an establishment in public sector; (i) "establishment in public sector" means an establishment owned, controlled or managed by-- (1) the Government or a department of the Government; (2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); (3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government; (4) a local authority; 9[(j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or non-engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any designated trade; (k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or non-engineering or technology or any vocational course may be specified as a designated trade or optional trade or both;] (l) "National Council" means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment) No. TR/E.P.24/56, dated the 21st August, 1956; 10[and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate-General of Employment and Training) No. DGET/12/21/80-TC, dated the 30th September, 1981]; 11[(ll) "optional trade" means any trade or occupation or any subject field in engineering or non-engineering or technology or any vocational course as may be determined by the employer for the purposes of this Act; (lll) "portal-site" means a website of the Central Government for exchange of information under this Act;] (m) "prescribed" means prescribed by rules made under this Act; 12[(mm) "Regional Board" means any Board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras or Kanpur;] (n) "State" includes a Union territory; (o) "State Council" means a State Council for Training in Vocational Trades established by the State Government; (p) "State Government" in relation to a Union territory means the Administrator thereof; 10[(pp) "technician (vocational) apprentice" means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the All-India Council and undergoes apprenticeship training in any 13[designated trade];] 14[(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any designated trade; (r) "worker" means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause (aa).]
1. Ins. by s. 4, ibid. (w.e.f. 1-12-1974).
2. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 1-12-1974). 3. The words in a designated trade omitted by s. 4, ibid. (w.e.f. 1-12-1974). 4. Subs. by Act 41 of 1986, s. 2, for item (aa) (w.e.f. 16-12-1987). 5. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014). 6. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974). 7. Subs. by Act 29 of 2014, s. 2, for clause (e) (w.e.f. 22-12-2014). 8. Added by Act 4 of 1997, s. 2 (w.e.f. 8-1-1997). 9. Subs. by Act 29 of 2014, s. 2, for clauses (j) and (k) (w.e.f. 22-12-2014). 10. Ins. by Act 41 of 1986, s. 2 (w.e.f. 16-12-1987). 11. Ins. by Act 29 of 2014, s. 2 (w.e.f. 22-12-2014). 12. Ins. by Act 27 of 1973, s. 4 (w.e.f. 1-12-1974). 13. Subs. by Act 29 of 2014, s. 2, for such subject field in any vocational course as may be prescribed (w.e.f. 22-12-2014). 14. Subs. by s. 2, ibid., for clauses (q) and (r) (w.e.f. 22-12-2014)./ 1[8. Number of apprentices for a designated trade.--(1) The Central Government shall prescribe
the number of apprentices to be engaged by the employer for designated trade and optional trade.
(2) Several employers may join together either themselves or through an agency, approved by the Apprenticeship Adviser, according to the guidelines issued from time to time by the Central Government in this behalf, for the purpose of providing apprenticeship training to the apprentices under them.] STATE AMENDMENT Maharashtra. In section 8 of the principal Act, after the existing sub-section (1), the following sub-section shall be inserted, namely:-- (1A) Notwithstanding anything contained in sub-section (1), the establishment shall have to engage trade apprentices to the extent of minimum 2.5 per cent. and maximum 25 per cent. of the total strength of the employees of establishment including contractual or daily wages or whose services have been available through third party in any designated trades or optional trades for which activities are carried out in that establishment.. [Vide Maharashtra Act 17 of 2018, s. 4]. Rajasthan Amendment of section 8, Central Act No. 52 of 1961.—For the existing section 8 of the principal Act, the following shall be substituted, namely:- “8. Number of apprentices for a designated trade.- (1) The State Government shall, after consulting the State Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade: Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section. (2) In determining the ratio under sub-section (1), the State Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices or technician (vocational) apprentices, if any, in pursuance of a notice issued to him under sub-section(3A) by the State Apprenticeship Adviser or such other person referred to in that subsection. (3) The State Apprenticeship Adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the State Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition: Provided that in making any requisition under this sub-section, the State Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned: Provided further that the State Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser than thirty percent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall. (3A) The State Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf shall, having regard to- (i) the number of managerial person (including technical and supervisory persons) employed in a designated trade; (ii) the number of management trainees engaged in the establishment; (iii) the totality of the training facilities available in a designated trade; and (iv) such other factors as he may consider fit in the circumstances of the case; by notice in writing, require an employer to impart training to such number of graduate or technician apprentices or technician (vocational) apprentices in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition. Explanation.-In this sub-section the expression “management trainee” means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer (not being apprenticeship training under this Act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis. (4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments. (5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the State Government or in excess of the number specified in a notice issued under sub-section (3A) should in the opinion of the State Government be trained, the State Apprenticeship Adviser may require employers to train the additional number of apprentices. (6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the State Government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the State Apprenticeship Adviser for the training of the additional number of apprentices. (7) Any employer not satisfied with the decision of the State Apprenticeship Adviser under sub-section (6), may make a reference to the State Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by the State Apprenticeship Council for the purpose and the decision of that Committee shall be final.”. [Vide Rajasthan Act 2 of 2015, s. 4]
1. Subs. by Act 29 of 2014, s. 7, for section 8 (w.e.f. 22-12-2014).
A person shall not be qualified for being
engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he--
1[(a) is not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen years of age; and] (b) satisfies such standards of education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 2[and for different categories of apprentices].
1. Subs. by Act 29 of 2014, s. 3, for clause (a) (w.e.f. 22-12-2014).
2. Added by Act 27 of 1973, s. 5 (w.e.f. 1-12-1974). 1[3B. Reservation of training places for Other Backward Classes in designated trades.--(1) In
every designated trade, training places shall be reserved by the employer for the Other Backward Classes
and where there is more than one designated trade in an establishment, such training places shall be
reserved also on the basis of the total number of apprentices in all the designated trades in such
establishment.
(2) The number of training places to be reserved for the Other Backward Classes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Other Backward Classes in the State concerned.]
1. Ins. by Act 36 of 2007, s. 2 (w.e.f. 1-2-2008).
Where an employer with whom a contract of
apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract
and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or
his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other
employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration
with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the
apprentice or his guardian and the other employer, and on and from the date of such registration, the
contract of apprenticeship with the first employer shall terminate and no obligation under that contract
shall be enforceable at the instance of any party to the contract against the other party thereto.
The period of apprenticeship training, which shall be
specified in the contract of apprenticeship, shall be as follows:--
(a) in the case of 1[trade apprentices] who, having undergone institutional training in a school or other institution recognised by the National Council], have passed the trade tests 2[or examinations] conducted by 3[that Council or by an institution recognised by that Council, the period of apprenticeship training shall be such as may be 4[prescribed]; 5[(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority or courses approved under any scheme which the Central Government may, by notification in the Official Gazette specify in this behalf, have passed the trade tests or examinations conducted by that Board or State Council or authority or by any other agency authorised by the Central Government, the period of apprenticeship training shall be such as may be prescribed;] (b) in the case of other 1[trade apprentices], the period of apprenticeship training shall be such as may be prescribed; 6[(c) in the case of graduate or technician apprentices 7[technician (vocational) apprentices], the period of apprenticeship training shall be such as may be prescribed.] STATE AMENDMENT Maharashtra In section 6 of the Apprentices Act, 1961 (52 of 1961), in its application to the State of Maharashtra (hereinafter referred to as the principal Act), for the existing clause (b), the following clause shall be substituted, namely:-- (b) in the case of other apprentices, the period of apprenticeship training shall be such as may be specified by the State Apprenticeship Council;--. [Vide Maharashtra Act 17 of 2018, s. 2]. Rajasthan Amendment of section 6, Central Act No. 52 of 1961.--In the Apprentices Act, 1961 (Central Act No. 52 of 1961), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, for the existing clause (b) of section 6, the following shall be substituted, namely:- (b) in the case of other apprentices, the period of apprenticeship training shall be such as may be prescribed by State Apprenticeship Council;--. [Vide Rajasthan Act 2 of 2015, s. 2.]
1. Subs. by Act 27 of 1973, s. 8, for apprentices (w.e.f. 1-12-1974).
2. Ins. by Act 41 of 1986, s. 5 (w.e.f. 16-12-1987). 3. Subs. by Act 27 of 1973, s. 8, for that Council (w.e.f. 1-12-1974). 4. Subs. by Act 29 of 2014, s. 6, for determined by that Council (w.e.f. 22-12-2014). 5. Subs. by s. 6, ibid., for clause (aa) (w.e.f. 22-12-2014). 6. Ins. by Act 27 of 1973, s. 8 (w.e.f. 1-12-1974). 7. Ins. by Act 41 of 1986, s. 3 (w.e.f. 16-12-1987). (1) The contract of apprenticeship shall terminate on
the expiry of the period of apprenticeship training.
(2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereof to the other party to the contract. (3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same: Provided that where a contract is terminated-- (a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed; (b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser. 1[(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Adviser may, if he is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.] STATE AMENDMENT Maharashtra. In section 7 of the principal Act, in sub-section (3), for the existing proviso, the following proviso shall be substituted, namely:-- Provided that, where a contract is terminated-- (a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice one month's stipend for which he is entitled as a compensation; (b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training one month's stipend for which he is entitled.--. [Vide Maharashtra Act 17 of 2018, s. 3]. Rajasthan Amendment of section 7, Central Act No. 52 of 1961.--For the existing proviso to sub-section (3) of section 7 of the principal Act, the following shall be substituted, namely:-- Provided that where a contract is terminated- (a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be determined by the State Apprenticeship Adviser;- (b) for such failure on the part of the apprentice, the apprentice shall refund to the employer as cost of training, such amount as may be determined by the State Apprenticeship Adviser.- [Vide Rajasthan Act 2 of 2015, s. 3]
1. Ins. by Act 4 of 1997, s. 3 (w.e.f. 8-1-1997)
(1) The employer shall pay to every apprentice during the period of
apprenticeship training such stipend at a rate not less than the 1[prescribed minimum rate, or the rate
which was being paid by the employer on 1st January, 1970 to the category of apprentices under which
such apprentice falls, whichever is higher,] as may be specified in the contract of apprenticeship and the
stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed.
2[(2) An apprentice shall not be paid by his employer on the basis of piece work nor shall he be
required to take part in any output bonus or other incentive scheme.]
STATE AMENDMENT Maharashtra. In section 13 of the principal Act, after the existing sub-section (1), the following sub-sections shall be inserted, namely:-- (1A) The minimum rate of stipend per month payable to trade apprentices who do training for eight hours per day shall be as follows, namely:-- (a) During the first year of training . . Seventy per cent. of minimum wages of semi-skilled workers notified by the State. (b) During the second year of training . .Eighty per cent. of minimum wages of semi-skilled workers notified by the State. (c) During the third year of training . .Ninety per cent. of minimum wages of semi-skilled workers notified by the State. (1B) The trade apprentices who do training for minimum four hours per day, the rate of stipend per month shall be fifty per cent. of the rates mentioned in clauses (a), (b) and (c) of sub-section (1A), respectively: Provided that, in the case where the minimum rate of wage for a trade is not notified by the State, then the maximum of minimum wages of the Scheduled Employment notified by the State for semi-skilled workers shall be taken into account for paying the stipend in respect of that trade: Provided further that, in the case of trade apprentices referred to in clause (a) of section 6 of the Act, the period of training already undergone by them in a school or other institution recognized by the State Council, shall be taken into account for the purpose of determining the rate of stipend payable.. [Vide Maharashtra Act 17 of 2018, s. 5]. Rajasthan Amendment of section 13, Central Act No. 52 of 1961.— For the existing section 13 of the principal Act, the following shall be substituted, namely:- “13. Payment to apprentices.- The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the minimum wages notified by State Government under the Minimum Wages Act, 1948 (Central Act No. 11 of 1948) for unskilled worker category, as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed.”. [Vide Rajasthan Act 2 of 2015, s. 6]
1. Subs. by Act 27 of 1973, s. 14, for prescribed minimum rate (w.e.f. 1-12-1974).
2. Subs. by s. 14, ibid., for sub-section (2) (w.e.f. 1-12-1974). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
| ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) A company may close the register of members or the register of debenture-holders or the register of other
security holders for any period or periods not exceeding in the aggregate forty-five days in each year, but
not exceeding thirty days at any one time, subject to giving of previous notice of at least seven days or
such lesser period as may be specified by Securities and Exchange Board for listed companies or the
companies which intend to get their securities listed, in such manner as may be prescribed.
(2) If the register of members or of debenture-holders or of other security holders is closed without giving the notice as provided in sub-section (1), or after giving shorter notice than that so provided, or for a continuous or an aggregate period in excess of the limits specified in that sub-section, the company and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for every day subject to a maximum of one lakh rupees during which the register is kept closed. (1) Every company shall cause minutes of the
proceedings of every general meeting of any class of shareholders or creditors, and every resolution
passed by postal ballot and every meeting of its Board of Directors or of every committee of the Board, to
be prepared and signed in such manner as may be prescribed and kept within thirty days of the conclusion
of every such meeting concerned, or passing of resolution by postal ballot in books kept for that purpose
with their pages consecutively numbered.
(2) The minutes of each meeting shall contain a fair and correct summary of the proceedings thereat. (3) All appointments made at any of the meetings aforesaid shall be included in the minutes of the meeting. (4) In the case of a meeting of the Board of Directors or of a committee of the Board, the minutes shall also contain-- (a) the names of the directors present at the meeting; and (b) in the case of each resolution passed at the meeting, the names of the directors, if any, dissenting from, or not concurring with the resolution. (5) There shall not be included in the minutes, any matter which, in the opinion of the Chairman of the meeting,-- (a) is or could reasonably be regarded as defamatory of any person; or (b) is irrelevant or immaterial to the proceedings; or (c) is detrimental to the interests of the company. (6) The Chairman shall exercise absolute discretion in regard to the inclusion or non-inclusion of any matter in the minutes on the grounds specified in sub-section (5). (7) The minutes kept in accordance with the provisions of this section shall be evidence of the proceedings recorded therein. (8) Where the minutes have been kept in accordance with sub-section (1) then, until the contrary is proved, the meeting shall be deemed to have been duly called and held, and all proceedings thereat to have duly taken place, and the resolutions passed by postal ballot to have been duly passed and in particular, all appointments of directors, key managerial personnel, auditors or company secretary in practice, shall be deemed to be valid. (9) No document purporting to be a report of the proceedings of any general meeting of a company shall be circulated or advertised at the expense of the company, unless it includes the matters required by this section to be contained in the minutes of the proceedings of such meeting. (10) Every company shall observe secretarial standards with respect to general and Board meetings specified by the Institute of Company Secretaries of India constituted under section 3 of the Company Secretaries Act, 1980 (56 of 1980), and approved as such by the Central Government. (11) If any default is made in complying with the provisions of this section in respect of any meeting, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees. (12) If a person is found guilty of tampering with the minutes of the proceedings of meeting, he shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees. (1) A statement setting out the following material facts
concerning each item of special business to be transacted at a general meeting, shall be annexed to the
notice calling such meeting, namely:--
(a) the nature of concern or interest, financial or otherwise, if any, in respect of each items of-- (i) every director and the manager, if any; (ii) every other key managerial personnel; and (iii) relatives of the persons mentioned in sub-clauses (i) and (ii); (b) any other information and facts that may enable members to understand the meaning, scope and implications of the items of business and to take decision thereon. (2) For the purposes of sub-section (1),-- (a) in the case of an annual general meeting, all business to be transacted thereat shall be deemed special, other than-- (i) the consideration of financial statements and the reports of the Board of Directors and auditors; (ii) the declaration of any dividend; (iii) the appointment of directors in place of those retiring; (iv) the appointment of, and the fixing of the remuneration of, the auditors; and (b) in the case of any other meeting, all business shall be deemed to be special: Provided that where any item of special business to be transacted at a meeting of the company relates to or affects any other company, the extent of shareholding interest in that other company of every promoter, director, manager, if any, and of every other key managerial personnel of the first mentioned company shall, if the extent of such shareholding is not less than two per cent. of the paid-up share capital of that company, also be set out in the statement. (3) Where any item of business refers to any document, which is to be considered at the meeting, the time and place where such document can be inspected shall be specified in the statement under sub-section (1). (4) Where as a result of the non-disclosure or insufficient disclosure in any statement referred to in sub-section (1), being made by a promoter, director, manager, if any, or other key managerial personnel, any benefit which accrues to such promoter, director, manager or other key managerial personnel or their relatives, either directly or indirectly, the promoter, director, manager or other key managerial personnel, as the case may be, shall hold such benefit in trust for the company, and shall, without prejudice to any other action being taken against him under this Act or under any other law for the time being in force, be liable to compensate the company to the extent of the benefit received by him. 1[(5) Without prejudice to the provisions of sub-section (4), if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is higher.]
1. Subs. by Act 22 of 2019, s. 16, for sub-section (5) (w.e.f. 2-11-2018).
Where, by any provision contained in this Act or in the
articles of a company, special notice is required of any resolution, notice of the intention to move such
resolution shall be given to the company by such number of members holding not less than one per cent.
of total voting power or holding shares on which such aggregate sum not exceeding five lakh rupees, as
may be prescribed, has been paid-up and the company shall give its members notice of the resolution in
such manner as may be prescribed.
(1) Notwithstanding anything contained in this Act, a company
(a) shall, in respect of such items of business as the Central Government may, by notification, declare to be transacted only by means of postal ballot; and (b) may, in respect of any item of business, other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting, transact by means of postal ballot, in such manner as may be prescribed, instead of transacting such business at a general meeting: 1[Provided that any item of business required to be transacted by means of postal ballot under clause (a), may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section.] (2) If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf.
1. The Proviso ins. by Act 1 of 2018, s. 29 (w.e.f. 9-2-2018).
(1) A resolution shall be an ordinary resolution if the
notice required under this Act has been duly given and it is required to be passed by the votes cast,
whether on a show of hands, or electronically or on a poll, as the case may be, in favour of the resolution,
including the casting vote, if any, of the Chairman, by members who, being entitled so to do, vote in
person, or where proxies are allowed, by proxy or by postal ballot, exceed the votes, if any, cast against
the resolution by members, so entitled and voting.
(2) A resolution shall be a special resolution when-- (a) the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution; (b) the notice required under this Act has been duly given; and (c) the votes cast in favour of the resolution, whether on a show of hands, or electronically or on a poll, as the case may be, by members who, being entitled so to do, vote in person or by proxy or by postal ballot, are required to be not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting. (1) The books containing the minutes of the
proceedings of any general meeting of a company or of a resolution passed by postal ballot, shall--
(a) be kept at the registered office of the company; and (b) be open, during business hours, to the inspection by any member without charge, subject to such reasonable restrictions as the company may, by its articles or in general meeting, impose, so, however, that not less than two hours in each business day are allowed for inspection. (2) Any member shall be entitled to be furnished, within seven working days after he has made a request in that behalf to the company, and on payment of such fees as may be prescribed, with a copy of any minutes referred to in sub-section (1). (3) If any inspection under sub-section (1) is refused, or if any copy required under sub-section (2) is not furnished within the time specified therein, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for each such refusal or default, as the case may be. (4) In the case of any such refusal or default, the Tribunal may, without prejudice to any action being taken under sub-section (3), by order, direct an immediate inspection of the minute-books or direct that the copy required shall forthwith be sent to the person requiring it. Without prejudice to any
other provisions of this Act, any document, record, register, minutes, etc.,--
(a) required to be kept by a company; or (b) allowed to be inspected or copies to be given to any person by a company under this Act, may be kept or inspected or copies given, as the case may be, in electronic form in such form and manner as may be prescribed. (1) Every listed public company shall prepare in the
prescribed manner a report on each annual general meeting including the confirmation to the effect that
the meeting was convened, held and conducted as per the provisions of this Act and the rules made
thereunder.
(2) The company shall file with the Registrar a copy of the report referred to in sub-section (1) within thirty days of the conclusion of the annual general meeting with such fees as may be prescribed, or with such additional fees as may be prescribed, 1***. 2[(3) If the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.]
1. The words and figures "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 31 (w.e.f. 7-5-2018).
2. Subs. by Act 22 of 2019, s. 19, for sub-section (3) (w.e.f. 2-11-2018). (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). [Return to be filed with Registrar in case promoter's stake changes.] Omitted by the Companies
Act, 2017 (1 of 2018), s. 24 (w.e.f. 13-6-2018).
(1) The registers required to be kept
and maintained by a company under section 88 and copies of the annual return filed under section 92 shall
be kept at the registered office of the company:
Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company 1***: Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed. (2) The registers and their indices, except when they are closed under the provisions of this Act, and the copies of all the returns shall be open for inspection by any member, debenture-holder, other security holder or beneficial owner, during business hours without payment of any fees and by any other person on payment of such fees as may be prescribed. (3) Any such member, debenture-holder, other security holder or beneficial owner or any other person may (a) take extracts from any register, or index or return without payment of any fee; or (b) require a copy of any such register or entries therein or return on payment of such fees as may be prescribed. 2[Provided that such particulars of the register or index or return as may be prescribed shall not be available for inspection under sub-section (2) or for taking extracts or copies under this sub-section.]. (4) If any inspection or the making of any extract or copy required under this section is refused, the company and every officer of the company who is in default shall be liable, for each such default, to a penalty of one thousand rupees for every day subject to a maximum of one lakh rupees during which the refusal or default continues. (5) The Central Government may also, by order, direct an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it.
1. The words "and the Registrar has been given a copy of the proposed special resolution in advance" omitted by s. 25, ibid.
(w.e.f. 13-6-2018).
2. The proviso ins. by s. 25, ibid. (w.e.f. 13-6-2018).
(1) The Board may, whenever it deems fit, call an
extraordinary general meeting of the company.
1[Provided that an extraordinary general meeting of the company, other than of the wholly owned subsidiary of a company incorporated outside India, shall be held at a place within India.] (2) The Board shall, at the requisition made by,-- (a) in the case of a company having a share capital, such number of members who hold, on the date of the receipt of the requisition, not less than one-tenth of such of the paid-up share capital of the company as on that date carries the right of voting; (b) in the case of a company not having a share capital, such number of members who have, on the date of receipt of the requisition, not less than one-tenth of the total voting power of all the members having on the said date a right to vote, call an extraordinary general meeting of the company within the period specified in sub-section (4). (3) The requisition made under sub-section (2) shall set out the matters for the consideration of which the meeting is to be called and shall be signed by the requisitionists and sent to the registered office of the company. (4) If the Board does not, within twenty-one days from the date of receipt of a valid requisition in regard to any matter, proceed to call a meeting for the consideration of that matter on a day not later than forty-five days from the date of receipt of such requisition, the meeting may be called and held by the requisitionists themselves within a period of three months from the date of the requisition. (5) A meeting under sub-section (4) by the requisitionists shall be called and held in the same manner in which the meeting is called and held by the Board. (6) Any reasonable expenses incurred by the requisitionists in calling a meeting under sub-section (4) shall be reimbursed to the requisitionists by the company and the sums so paid shall be deducted from any fee or other remuneration under section 197 payable to such of the directors who were in default in calling the meeting.
1. The proviso ins. by Act 1 of 2018, s. 27 (w.e.f. 9-2-2018).
(1) Any member of a company entitled to attend and vote at a meeting of the
company shall be entitled to appoint another person as a proxy to attend and vote at the meeting on his
behalf:
Provided that a proxy shall not have the right to speak at such meeting and shall not been titled to vote except on a poll: Provided further that, unless the articles of a company otherwise provide, this sub-section shall not apply in the case of a company not having a share capital: Provided also that the Central Government may prescribe a class or classes of companies whose members shall not be entitled to appoint another person as a proxy: Provided also that a person appointed as proxy shall act on behalf of such member or number of members not exceeding fifty and such number of shares as may be prescribed. (2) In every notice calling a meeting of a company which has a share capital, or the articles of which provide for voting by proxy at the meeting, there shall appear with reasonable prominence a statement that a member entitled to attend and vote is entitled to appoint a proxy, or, where that is allowed, one or more proxies, to attend and vote instead of himself, and that a proxy need not be a member. (3) If default is made in complying with sub-section (2), every officer of the company who is in default shall be 1 [liable to a penalty of five thousands rupees]. (4) Any provision contained in the articles of a company which specifies or requires a longer period than forty-eight hours before a meeting of the company, for depositing with the company or any other person any instrument appointing a proxy or any other document necessary to show the validity or otherwise relating to the appointment of a proxy in order that the appointment may be effective at such meeting, shall have effect as if a period of forty-eight hours had been specified in or required by such provision for such deposit. (5) If for the purpose of any meeting of a company, invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the company’s expense to any member entitled to have a notice of the meeting sent to him and to vote thereat by proxy, every officer of the company 2 [who issues the invitation as aforesaid or authorises or permits their issue, shall be liable to a penalty of fifty thousand rupees]: Provided that an officer shall not be 3 [liable] under this sub-section by reason only of the issue to a member at his request in writing of a form of appointment naming the proxy, or of a list of persons willing to act as proxies, if the form or list is available on request in writing to every member entitled to vote at the meeting by proxy. (6) The instrument appointing a proxy shall-- (a) be in writing; and (b) be signed by the appointer or his attorney duly authorised in writing or, if the appointer is a body corporate, be under its seal or be signed by an officer or an attorney duly authorised by it. (7) An instrument appointing a proxy, if in the form as may be prescribed, shall not be questioned on the ground that it fails to comply with any special requirements specified for such instrument by the articles of a company. (8) Every member entitled to vote at a meeting of the company, or on any resolution to be moved thereat, shall be entitled during the period beginning twenty-four hours before the time fixed for the commencement of the meeting and ending with the conclusion of the meeting, to inspect the proxies lodged, at any time during the business hours of the company, provided not less than three days’ notice in writing of the intention so to inspect is given to the company.
1. Subs. by Act 22 of 2019, s. 17, for "punishable with fine which may extend to five thousand rupees" (w.e.f. 2-11-2018).
2. Subs. by Act 29 of 2020, s. 21, for certain words (w.e.f. 21-12-2020). 3. Subs. by s. 21, ibid., for "punishable" (w.e.f. 21-12-2020). (1) Where the name of a person is
entered in the register of members of a company as the holder of shares in that company but who does not
hold the beneficial interest in such shares, such person shall make a declaration within such time and in
such form as may be prescribed to the company specifying the name and other particulars of the person
who holds the beneficial interest in such shares.
(2) Every person who holds or acquires a beneficial interest in share of a company shall make a declaration to the company specifying the nature of his interest, particulars of the person in whose name the shares stand registered in the books of the company and such other particulars as may be prescribed. (3) Where any change occurs in the beneficial interest in such shares, the person referred to in sub-section (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed. (4) The Central Government may make rules to provide for the manner of holding and disclosing beneficial interest and beneficial ownership under this section. 1[(5) If any person fails to make a declaration as required under sub-section (1) or sub-section (2) or sub-section (3), he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.] (6) Where any declaration under this section is made to a company, the company shall make a note of such declaration in the register concerned and shall file, within thirty days from the date of receipt of declaration by it, a return in the prescribed form with the Registrar in respect of such declaration with such fees or additional fees as may be prescribed, 2***. 3[(7) If a company, required to file a return under sub-section (6), fails to do so before the expiry of the time specified therein, the company and every officer of the company who is in default shall be liable to a penalty of one thousand rupees for each day during which such failure continues, subject to a maximum of five lakh rupees in the case of a company and two lakh rupees in case of an officer who is in default.] (8) No right in relation to any share in respect of which a declaration is required to be made under this section but not made by the beneficial owner, shall be enforceable by him or by any person claiming through him. (9) Nothing in this section shall be deemed to prejudice the obligation of a company to pay dividend to its members under this Act and the said obligation shall, on such payment, stand discharged. 4[(10) For the purposes of this section and section 90, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to-- (i) exercise or cause to be exercised any or all of the rights attached to such share; or (ii) receive or participate in any dividend or other distribution in respect of such share.] 5[(11) The Central Government may, by notification, exempt any class or classes of persons from complying with any of the requirements of this section, except sub-section (10), if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification.]
1. Subs. by s. 18, ibid., for sub-section (5) (w.e.f. 21-12-2020).
2. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 21 (w.e.f. 7-5-2018). 3. Subs. by Act 29 of 2020, s. 18, for sub-section (7) (w.e.f. 21-12-2020). 4. Ins. by Act 1 of 2018, s. 21, (w.e.f. 13-6-2018). 5. Ins. by Act 29 of 2020, s. 18 (w.e.f. 22-1-2021). (1) Every company shall prepare a return (hereinafter referred to as the annual
return) in the prescribed form containing the particulars as they stood on the close of the financial year
regarding--
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies; (b) its shares, debentures and other securities and shareholding pattern; 1* * * * * (d) its members and debenture-holders along with changes therein since the close of the previous financial year; (e) its promoters, directors, key managerial personnel along with changes there in since the close of the previous financial year; (f) meetings of members or a class thereof, Board and its various committees along with attendance details; (g) remuneration of directors and key managerial personnel; (h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment; (i) matters relating to certification of compliances, disclosures as may be prescribed; (j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors 2***; and (k) such other matters as may be prescribed, and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice: Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company. 3[Provided further that the Central Government may prescribe abridged form of annual return for "One Person Company, small company and such other class of classes of companies as may be prescribed".] (2) 4[The annual return, filed by a listed company or, by a company having such paid-up capital or turnover as may be prescribed shall be certified by a company secretary in practice in the prescribed form, stating that the annual return discloses the facts correctly and adequately and that the company has complied with all the provisions of this Act. (3) An extract of the annual return in such form as may be prescribed shall form part of the Board's report. (4) Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, 5***. 6[(5) If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of 7[ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 8[two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is an default].] (6) If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be 8 [liable to a penalty of two lakh rupees].
1. Clause (c) omitted by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021).
2. The words "indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them" omitted by s. 23, ibid (w.e.f. 5-3-2021). 3. Ins. by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021). 4. Subs. by S.O. 1177 (E), dated 29th April, 2014 for certain words (w.e.f. 29-4-2014). 5. The words "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 23 (w.e.f. 7-5-2018). 6. Subs. by Act 22 of 2019, s. 15, for sub-section (5) (w.e.f. 2-11-2018). 7. Subs. by Act 29 of 2020, s. 20, for "fifty thousand rupees" (w.e.f. 21-12-2020). 8. Subs. by s. 20, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 20, ibid., for "punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees" (w.e.f. 21-12-2020). (1) The President of India or the
Governor of a State, if he is a member of a company, may appoint such person as he thinks fit to act as his
representative at any meeting of the company or at any meeting of any class of members of the company.
(2) A person appointed to act under sub-section (1) shall, for the purposes of this Act, be deemed to be a member of such a company and shall be entitled to exercise the same rights and powers, including the right to vote by proxy and postal ballot, as the President or, as the case may be, the Governor could exercise as a member of the company. (1) A body
corporate, whether a company within the meaning of this Act or not, may,--
(a) if it is a member of a company within the meaning of this Act, by resolution of its Board of Directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the company, or at any meeting of any class of members of the company; (b) if it is a creditor, including a holder of debentures, of a company within the meaning of this Act, by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this Act or of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be. (2) A person authorised by resolution under sub-section (1) shall be entitled to exercise the same rights and powers, including the right to vote by proxy and by postal ballot, on behalf of the body corporate which he represents as that body could exercise if it were an individual member, creditor or holder of debentures of the company. The Central Government may prescribe the class or classes
of companies and manner in which a member may exercise his right to vote by the electronic means.
(1) Before or on the declaration of the result of the voting on any resolution
on show of hands, a poll may be ordered to be taken by the Chairman of the meeting on his own motion,
and shall be ordered to be taken by him on a demand made in that behalf,--
(a) in the case a company having a share capital, by the members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power or holding shares on which an aggregate sum of not less than five lakh rupees or such higher amount as may be prescribed has been paid-up; and (b) in the case of any other company, by any member or members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power. (2) The demand for a poll may be withdrawn at any time by the persons who made the demand. (3) A poll demanded for adjournment of the meeting or appointment of Chairman of the meeting shall be taken forthwith. (4) A poll demanded on any question other than adjournment of the meeting or appointment of Chairman shall be taken at such time, not being later than forty-eight hours from the time when the demand was made, as the Chairman of the meeting may direct. (5) Where a poll is to be taken, the Chairman of the meeting shall appoint such number of persons, as he deems necessary, to scrutinise the poll process and votes given on the poll and to report thereon to him in the manner as may be prescribed. (6) Subject to the provisions of this section, the Chairman of the meeting shall have power to regulate the manner in which the poll shall be taken. (7) The result of the poll shall be deemed to be the decision of the meeting on the resolution on which the poll was taken. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) A general meeting of a company may be called by giving not less than
clear twenty-one days' notice either in writing or through electronic mode in such manner as maybe
prescribed:
2[Provided that a general meeting may be called after giving shorter notice than that specified in this sub-section if consent, in writing or by electronic mode, is accorded thereto-- (i) in the case of an annual general meeting, by not less than ninty-five per cent. of the members entitled to vote thereat; and (ii) in the case of any other general meeting, by members of the company-- (a) holding, if the company has a share capital, majority in number of members entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or (b) having, if the company has no share capital, not less than ninty-five per cent. of the total voting power exercisable at that meeting: Provided further that where any member of a company is entitled to vote only on some resolution or resolutions to be moved at a meeting and not on the others, those members shall be taken into account for the purposes of this sub-section in respect of the former resolution or resolutions and not in respect of the latter.] (2) Every notice of a meeting shall specify the place, date, day and the hour of the meeting and shall contain a statement of the business to be transacted at such meeting. (3) The notice of every meeting of the company shall be given to-- (a) every member of the company, legal representative of any deceased member or the assignee of an insolvent member; (b) the auditor or auditors of the company; and (c) every director of the company. (4) Any accidental omission to give notice to, or the non-receipt of such notice by, any member or other person who is entitled to such notice for any meeting shall not invalidate the proceedings of the meeting.
1. The proviso subs. by s. 28, ibid. (w.e.f. 9-2-2018).
(1) Every company shall keep and maintain the following registers
in such form and in such manner as may be prescribed, namely:--
(a) register of members indicating separately for each class of equity and preference shares held by each member residing in or outside India; (b) register of debenture-holders; and (c) register of any other security holders. (2) Every register maintained under sub-section (1) shall include an index of the names included therein. (3) The register and index of beneficial owners maintained by a depository under section 11 of the Depositories Act, 1996 (22 of 1996), shall be deemed to be the corresponding register and index for the purposes of this Act. (4) A company may, if so authorised by its articles, keep in any country outside India, in such manner as may be prescribed, a part of the register referred to in sub-section (1), called "foreign register" containing the names and particulars of the members, debenture-holders, other security holders or beneficial owners residing outside India. 1[(5) If a company does not maintain a register of members or debenture-holders or other security holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2), the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees.]
1. Subs. by Act 29 of 2020, s. 17, for sub-section (5) (w.e.f. 21-12-2020).
(1) A copy of every resolution or any agreement, in
respect of matters specified in sub-section (3) together with the explanatory statement under section 102,
if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar within thirty days of the passing or making thereof in such manner and with such fees as
may be prescribed 1***:
Provided that the copy of every resolution which has the effect of altering the articles and the copy of every agreement referred to in sub-section (3) shall be embodied in or annexed to every copy of the articles issued after passing of the resolution or making of the agreement. 2(2) If any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.] (3) The provisions of this section shall apply to-- (a) special resolutions; (b) resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed as special resolutions; (c) any resolution of the Board of Directors of a company or agreement executed by a company, relating to the appointment, re-appointment or renewal of the appointment, or variation of the terms of appointment, of a managing director; (d) resolutions or agreements which have been agreed to by any class of members but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by a specified majority or otherwise in some particular manner; and all resolutions or agreements which effectively bind such class of members though not agreed to by all those members; 3* * * * * (f) resolutions requiring a company to be wound up voluntarily passed in pursuance of 4 [section 59 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)]; (g) resolutions passed in pursuance of sub-section (3) of section 179:5*** 6[Provided that no person shall be entitled under section 399 to inspect or obtain copies of such resolutions; 7***] 8[Provided further that nothing contained in this clause shall apply in respect of a resolution passed to grant loans, or give guarantee or provide security in respect of loans under clause (f) of sub-section (3) of section 179 in the ordinary course of its business by-- (a) a banking company; (b) any class of non-banking financial company registered under Chapter IIIB of the Reserve Bank of India Act, 1934, as may be prescribed in consultation with the Reserve Bank of India; (c) any class of housing finance company registered under the National Housing Bank Act, 1987 (53 of 1987), as may be prescribed in consultation with the National Housing Bank; and] (h) any other resolution or agreement as may be prescribed and placed in the public domain.
1. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018).
2. Subs. by Act 29 of 2020, s. 22, for sub-section (2) (w.e.f. 21-12-2020). 3.Clause (e) omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 4. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for "section 304" (w.e.f. 15-11-2016). 5. The word "and" omitted by Act 21 of 2015, s. 9 (w.e.f. 29-5-2015). 6. Ins. by s. 9, ibid. (w.e.f. 29-5-2015). 7. The "and" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 8.The proviso subs. by Act 29 of 2020, s. 22 (w.e.f. 22-1-2021). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification
in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1 [(a) the conditions for considering reliability of electronic signature or electronic authentication technique under sub-section (2) of section 3A; (aa) the procedure for ascertaining electronic signature or authentication under sub-section (3) of section 3A; (ab) the manner in which any information or matter may be authenticated by means of electronic signature under section 5;] (b) the electronic form in which filing, issue, grant or payment shall be effected under sub-section (1) of section 6; (c) the manner and format in which electronic records shall be filed, or issued and the method of payment under sub-section (2) of section 6; 2 [(ca) the manner in which the authorised service provider may collect, retain and appropriate service charges under sub-section (2) of section 6A;] (d) the matters relating to the type of 3 [electronic signature], manner and format in which it may be affixed under section 10; 4 [(e) the manner of storing and affixing electronic signature creation data under section 15; (ea) the security procedures and practices under section 16;] (f) the qualifications, experience and terms and conditions of service of Controller, Deputy Controllers 5 [, Assistant Controllers, other officers and employees] under section 17; 6 * * * * * (h) the requirements which an applicant must fulfil under sub-section (2) of section 21; (i) the period of validity of licence granted under clause (a) of sub-section (3) of section 21; (j) the form in which an application for licence may be made under sub-section (1) of section 22; (k) the amount of fees payable under clause (c) of sub-section (2) of section 22; (l) such other documents which shall accompany an application for licence under clause (d) of subsection (2) of section 22; (m) the form and the fee for renewal of a licence and the fee payable thereof under section 23; 7 [(ma) the form of application and fee for issue of Electronic Signature Certificate under section 35;] (n) the form in which application for issue of a 3 [electronic signature] Certificate may be made under sub-section (1) of section 35; (o) the fee to be paid to the Certifying Authority for issue of a 3 [electronic signature] Certificate under sub-section (2) of section 35; 2 [(oa) the duties of subscribers under section 40A; (ob) the reasonable security practices and procedures and sensitive personal data or information under section 43A;] (p) the manner in which the adjudicating officer shall hold inquiry under sub-section (1) of section 46; (q) the qualification and experience which the adjudicating officer shall possess under sub-section (3) of section 46; 8 * * * * (u) the form in which appeal may be filed and the fee thereof under sub-section (3) of section 57; (v) any other power of a civil court required to be prescribed under clause (g) of sub-section (2) of section 58; and 9 [(w) the powers and functions of the Chairperson of the 10 [Appellate Tribunal] under section 52A; (x) the information, duration, manner and form of such information to be retained and preserved under section 67C; (y) the procedures and safeguards for interception, monitoring or decryption under sub-section (2) of section 69; (z) the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A; (za) the procedure and safeguards for monitoring and collecting traffic data or information under sub-section (3) of section 69B; (zb) the information security practices and procedures for protected system under section 70; (zc) manner of performing functions and duties of the agency under sub-section (3) of section 70A; (zd) the officers and employees under sub-section (2) of section 70B; (ze) salaries and allowances and terms and conditions of service of the Director General and other officers and employees under sub-section (3) of section 70B; (zf) the manner in which the functions and duties of agency shall be performed under sub-section (5) of section 70B; (zg) the guidelines to be observed by the intermediaries under sub-section (2) of section 79; (zh) the modes or methods for encryption under section 84A.] (3) 11 [Every notification made by the Central Government under sub-section (1) of section 70A and every rule made by it] 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 12 *** the rule or both Houses agree that 12 *** the rule should not be made, 12 *** the rule 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 prejudice to the validity of anything previously done under that notification or rule.
1 Subs. by s. 46, ibid., for clause (a) (w.e.f. 27-10-2009).
2. Ins. by Act 10 of 2009, s. 46 (w.e.f. 27-10-2009). 3. Subs. by s. 5, ibid., for "digital signature" (w.e.f. 27-10-2009). 4. Subs. by s. 46, ibid., for clause (e) (w.e.f. 27-10-2009). 5. Subs. by s. 46, ibid., for "and Assistant Controllers" (w.e.f. 27-10-2009). 6. Clause (g) omitted by s. 46, ibid. (w.e.f. 27-10-2009). 7. Ins. by s. 46, ibid. (w.e.f. 27-10-2009). 8. Clauses (r), (s) and (t) omitted by Act 7 of 2017, s. 169 (w.e.f. 26-5-2017). 9. Subs. by Act 10 of 2009, s. 46, for clause (w) (w.e.f. 27-10-2009). 10. Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal"(w.e.f. 26-5-2017). 11. Subs. by Act 10 of 2009, s. 46, for certain words, brackets, letter and figures (w.e.f. 27-10-2009). 12. The words "the notification or" omitted by s. 46, ibid. (w.e.f. 27-10-2009). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Chapter, the Central Government may, by order, in respect of
such class of companies engaged in the production of such goods or providing such services as may be
prescribed, direct that particulars relating to the utilisation of material or labour or to other items of cost
as may be prescribed shall also be included in the books of account kept by that class of companies:
Provided that the Central Government shall, before issuing such order in respect of any class of companies regulated under a special Act, consult the regulatory body constituted or established under such special Act. (2) If the Central Government is of the opinion, that it is necessary to do so, it may, by order, direct that the audit of cost records of class of companies, which are covered under sub-section (1) and which have a net worth of such amount as may be prescribed or a turnover of such amount as may be prescribed, shall be conducted in the manner specified in the order. (3) The audit under sub-section (2) shall be conducted by a 1[cost accountant] who shall be appointed by the Board on such remuneration as may be determined by the members in such manner as may be prescribed: Provided that no person appointed under section 139 as an auditor of the company shall be appointed for conducting the audit of cost records: Provided further that the auditor conducting the cost audit shall comply with the cost auditing standards. Explanation.-- For the purposes of this sub-section, the expression cost auditing standards mean such standards as are issued by the 2[Institute of Cost Accountants of India], constituted under the Cost and Works Accountants Act, 1959 (23 of 1959), with the approval of the Central Government. (4) An audit conducted under this section shall be in addition to the audit conducted under section 143. (5) The qualifications, disqualifications, rights, duties and obligations applicable to auditors under this Chapter shall, so far as may be applicable, apply to a cost auditor appointed under this section and it shall be the duty of the company to give all assistance and facilities to the cost auditor appointed under this section for auditing the cost records of the company: Provided that the report on the audit of cost records shall be submitted by the 3[cost accountant] to the Board of Directors of the company (6) A company shall within thirty days from the date of receipt of a copy of the cost audit report prepared in pursuance of a direction under sub-section (2) furnish the Central Government with such report along with full information and explanation on every reservation or qualification contained therein. (7) If, after considering the cost audit report referred to under this section and the information and explanation furnished by the company under sub-section (6), the Central Government is of the opinion that any further information or explanation is necessary, it may call for such further information and explanation and the company shall furnish the same within such time as may be specified by that Government. (8) If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147.
1. Subs. by Act 1 of 2018, s. 45, for Cost Accountant in practice(w.e.f. 9-2-2018).
2. Subs. by s. 45, ibid., for Institute of Cost and Works Accountants of India (w.e.f. 9-2-2018). 3. Subs. by s. 45, ibid., for cost accountant in practice(w.e.f. 9-2-2018). (1) A director may resign from his office by giving a notice in
writing to the company and the Board shall on receipt of such notice take note of the same and the
company shall intimate the Registrar in such manner, within such time and in such form as may be
prescribed and shall also place the fact of such resignation in the report of directors laid in the
immediately following general meeting by the company:
Provided that a 1[director may also forward] a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation in such manner as may be prescribed. (2) The resignation of a director shall take effect from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later: Provided that the director who has resigned shall be liable even after his resignation for the offences which occurred during his tenure. (3) Where all the directors of a company resign from their offices, or vacate their offices under section 167, the promoter or, in his absence, the Central Government shall appoint the required number of directors who shall hold office till the directors are appointed by the company in general meeting.
1. Subs. by s. 55, ibid., for "director shall also forward" (w.e.f. 7-5-2018).
(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the term of office and other conditions of service of the members; (b) the powers and duties of the Chairman and of the members; (c) the terms and conditions subject to which the non-recurring expenditure incurred by or for the Central Government for or in connection with the purposes of any national highway shall be treated as capital provided by the Central Government to the Authority under clause (b) of sub-section (1) of section 12; (d) the value or amount required to be prescribed under sub-section (1) of section 15; 1 [(dd) the terms and conditions subject to which the functions of the Authority may be entrusted to any person under clause (h) of sub-section (2) of section 16;] (e) the form in which and the time within which the Authority shall prepare its budget under section 19 and its annual report under section 22; (f) the manner in which the Authority may invest its funds under section 20; (g) the manner in which the accounts of the Authority shall be maintained and audited and the date before which the audited copy of the accounts together with the auditor's report thereon shall be furnished to the Central Government under section 23; (h) the conditions and restrictions with respect to the exercise of the power to enter under section 30 and the matters referred to in clause (f) of that section; and (i) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 16 of 1997, s. 9 (w.e.f. 24-1-1997).
| ||||||||||||||||
Related Section(s)(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)The
Central Government may by rules made under this Act exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless
telegraphy apparatus.
(1) The Central Government may, by
notification in the Official Gazette, make rules1
for the purpose of carrying into effect the provisions
of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (i) determining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this Act; (ii) the exemption of persons or classes of persons under section 4 from the provisions of this Act; (iii) the manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses; (iv) the maintenance of records containing details of the acquisition and disposal by sale or otherwise of wireless telegraphy apparatus possessed by dealers in wireless telegraphy apparatus; (v) the conditions governing the sale of wireless telegraphy apparatus b y dealers in the manufacturers of such apparatus. 2*** 3* * * * * (3) In making a rule under this section the Central Government may direct that a breach of it shall be punishable with fine which may extend to one hundred rupees. 4[(4) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. For the Indian Wireless Telegraphy (Possession) Rules, 1938, made under this section, see Gazette of India, 1933, Pt. I, p. 1131.
2. The word "and" rep. by Act 32 of 1940, s. 2 and Schedule I. 3. Clause (vi) rep.by s. 2 and Schedule I, ibid. 4. Ins. by Act 15 of 1961, s. 5. 5. Subs. by Act 4 of 1986, s. 2 and Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; (c) infectious or contagious diseases for the purposes of section 68; (d) rates of penalty charges under section 73; (e) the manner in which the consignment may be delivered without a railway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section (2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83; (k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) principles regulating the nomination of members of the Board by the Central Government under clause (d) of sub-section (3) of section 4, and the election or nomination of the members referred to in clauses (b) and (c) thereof: Provided that before making any nomination in the exercise of its powers the Central Government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause (d); (ii) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (iii) the procedure to be followed at meetings of the Board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting; (iv) the maintenance by the Board of records of business transacted by the Board, and the submission of copies thereof to the Central Government; (v) the holding of a minimum number of meetings of the Board every year; (vi) the powers of the Board, its Chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2[the Executive Director,] the Rubber Production Commissioner and the Secretary of the Board; (vii) the conditions subject to which the Board may incur expenditure outside India; (viii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (ix) the maintenance of the accounts of income and expenditure of the Board and the audit of such accounts; (x) the deposit of the funds of the Board in banks and the investment of such funds; (xi) the re-appropriation of the estimated savings from any budget head to any other budget head; (xii) the conditions subject to which the Board may borrow funds; (xiii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiv) the delegation to committees or the Chairman or Vice-Chairman or members or officers of the Board of any of the powers and duties of the Board under this Act; (xv) the staff which may be employed by the Board and the pay and allowances and leave and other conditions of service of officers and other employees of the Board; (xvi) the travelling and other allowances of members of the Board and of committees thereof; (xvii) the purposes for which the funds of the Board may be expended; (xviii) the maintenance of the registers and other records of the Board and of its various committees; (xix) the collection of any information or statistics in respect of rubber or any product of rubber; 3[(xx) the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the Board;] 4[(xxa) the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty;] 5[(xxb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12;] (xxi) the form of application for special licences under section 14 6[or section 17], the fees for the grant or renewal of such licences, and the forms of such licences; (xxii) the manner in which rubber shall be graded and marketed; (xxiii) the fee payable on appeals under section 23; 7(xxiiia) the manner of holding inquiry and imposing penalty under sub-section (1) of section 26B; (xxiiib) the form and manner of preferring appeal under sub-section (2) of section 26B; (xxiv) any other matter which is to be or may be prescribed. 8[(3) Every rule made under this section 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 9[two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].]
1 Subs. by Act 54 of 1954, s. 18, for sub-section (2) (w.e.f. 1-8-1955).
2 The words in brackets shall stand inserted (date to be notified) by s. 6, ibid. 3. Clause (xx) shall stand omitted (date to be notified) by Act 4 of 2010, s. 15. 4 Ins. by Act 21 of 1960, s. 3 (w.e.f. 1-11-1960). 5. The words in brackets shall stand inserted (date to be notified) by Act 4 of 2010, s. 15. 6. The words and figures "or section 17" shall stand omitted (date to be notified) by s. 15, ibid. 7.Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 8 Subs. by Act 21 of 1960, s. 3, for sub-section (3) (w.e.f. 1-11-1960). 9 The word in brackets shall stand substituted (date to be notified) by Act 54 of 1982, s. 6 to read as "two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid". | ||||||||||||||||
Related Section(s)1[14A. Issue of national identity cards.―(1) The Central Government may compulsorily
register every citizen of India and issue national identity card to him.
(2) The Central Government may maintain a National Register of Indian Citizens and for that purpose establish a National Registration Authority. (3) On and from the date of commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), the Registrar General, India, appointed under sub-section (1) of section 3 of the Registration of Births and Deaths Act, 1969 (18 of 1969) shall act as the National Registration Authority and he shall function as the Registrar General of Citizen Registration. (4) The Central Government may appoint such other officers and staff as may be required to assist the Registrar General of Citizen Registration in discharging his functions and responsibilities. (5) The procedure to be followed in compulsory registration of the citizens of India shall be such as may be prescribed.]
1. Ins. by s. 12, ibid. (w.e.f. 3-12-2004).
(1) The Central Government may, by notification in the Official
Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) the registration of anything required or authorised under this Act to be registered, and the conditions and restrictions in regard to such registration; 1[(aa) the form and manner in which a declaration under sub-section (1) of section 4 shall be made;; (b) the forms to be used and the registers to be maintained under this Act; (c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded; (d) the giving of any notice required or authorised to be given by any person under this Act; (e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes; 2[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;] 3[(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;] 4[(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India Cardholder under sub-section (1) of section 7A; (eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of section 7C;] (f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India; (g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents; (h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases; (i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; 5[(ia) the procedure to be followed in compulsory registration of the citizens of India under sub-section (5) of section 14A;] (j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under the Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 [Provided that any rule made in respect of a matter specified in clause (ia) of sub-section (2) may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both]. 7 [(4) Every rule made under this section 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 session, immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule].
1. Ins. by s. 15, ibid. (w.e.f. 3-12-2004).
2. Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 3. Ins. by Act 47 of 2019, s. 5 (w.e.f. 10-1-2020). 4. Ins. by Act 1 of 2015, s. 5 (w.e.f. 6-1-2015). 5. The proviso ins. by Act 6 of 2004, s. 15 (w.e.f. 3-12-2004). 6. Subs. by Act 4 of 1986, s. 2 and the Schedule for sub-section (4) (w.e.f. 15-5-1986) | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)In this Act, unless the context otherwise requires,--
1[(a) "Administrative Member" means a Member of a Tribunal who is not a Judicial Member within the meaning of clause (i);] 2[(aa)] "Administrative Tribunal", in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or States; (b) "application" means an application made under section 19; (c) "appointed day", in relation to a Tribunal, means the date with effect from which it is established, by notification, under section 4; (d) "appropriate Government" means,-- (i) in relation to the Central Administrative Tribunal or a Joint Administrative Tribunal, the Central Government; (ii) in relation to a State Administrative Tribunal, the State Government; (e) "Bench" means a Bench of a Tribunal; (f) "Central Administrative Tribunal" means the Administrative Tribunal established under sub-section (1) of section 4; (g) "Chairman" means the Chairman of a Tribunal; (h) "Joint Administrative Tribunal" means an Administrative Tribunal for two or more States established under sub-section (3) of section 4; 3[(i) "Judicial Member" means a Member of a Tribunal appointed as such under this Act, and includes 4[the Chairman] who possesses any of the qualifications specified in sub-section (3) of section 6; (ia) "Member" means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman 5***;] (j) "notification" means a notification published in the Official Gazette; (k) "post" means a post within or outside India; (l) "prescribed" means prescribed by rules made under this Act; (m) "President" means the President of India; 6* * * * * (o) "rules" means rules made under this Act; (p) "service" means service within or outside India; (q) "service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation 7[or society] owned or controlled by the Government, as respects-- (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever; (r) "service rules as to redressal of grievances", in relation to any matter, means the rules, regulations, orders or other instruments or arrangements as in force for the time being with respect to redressal, otherwise than under this Act, of any grievances in relation to such matters; 8[(rr) "society" means a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State;] (s) "Supreme Court" means the Supreme Court of India; (t) "Tribunal" means the Central Administrative Tribunal or a State Administrative Tribunal or a Joint Administrative Tribunal; 9[(u) "Vice-Chairman" means a Member who has been authorised by the appropriate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up. Explanation.--In the case of a Tribunal having two or more Vice-Chairmen, references to the Vice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairmen.
1. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986)
2. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 22-1-1986). 3. Subs. by Act 19 of 1986, s. 4, for clause (i) (w.e.f. 22-1-1986) 4. Subs. by Act 1 of 2007, s. 2, for "the Chairman or a Vice-Chairman" (w.e.f. 19-2-2007). 5. The words "and a Vice-Chairman" omitted by s. 2, ibid. (w.e.f. 19-2-2007). 6. Clause (n) omitted by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 7. Ins. by s. 4, ibid. (w.e.f. 22-1-1986). 8. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 9. Subs. by Act 1 of 2007, s. 2, for clause (u) (w.e.f. 19-2-2007). (1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). The provisions of this Act shall not apply to--
(a) any member of the naval, military or air forces or of any other armed forces of the Union; 1* * * * * (c) any officer or servant of the Supreme Court or of any High Court 2[or courts subordinate thereto]; (d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union territory having a Legislature, of that Legislature.
1. Clause (b) omitted by Act 19 of 1986, s. 3 (w.e.f. 1-11-1985).
2. Ins. by Act 51 of 1987, s. 2 (w.e.f.22-12-1987). (1) The Central Government shall, by notification,
establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, to exercise the
jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act.
(2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the.......(name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act. (3) Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act. (4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the 1[Chairman and other Members] of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. 2[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,-- (a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act. (6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.]
1. Subs. by s. 3, ibid., for "Chairman, Vice-Chairman and other Members" (w.e.f. 19-2-2007).
2. Ins. by Act 19 of 1986, s. 5 (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) Every company shall cause minutes of the
proceedings of every general meeting of any class of shareholders or creditors, and every resolution
passed by postal ballot and every meeting of its Board of Directors or of every committee of the Board, to
be prepared and signed in such manner as may be prescribed and kept within thirty days of the conclusion
of every such meeting concerned, or passing of resolution by postal ballot in books kept for that purpose
with their pages consecutively numbered.
(2) The minutes of each meeting shall contain a fair and correct summary of the proceedings thereat. (3) All appointments made at any of the meetings aforesaid shall be included in the minutes of the meeting. (4) In the case of a meeting of the Board of Directors or of a committee of the Board, the minutes shall also contain-- (a) the names of the directors present at the meeting; and (b) in the case of each resolution passed at the meeting, the names of the directors, if any, dissenting from, or not concurring with the resolution. (5) There shall not be included in the minutes, any matter which, in the opinion of the Chairman of the meeting,-- (a) is or could reasonably be regarded as defamatory of any person; or (b) is irrelevant or immaterial to the proceedings; or (c) is detrimental to the interests of the company. (6) The Chairman shall exercise absolute discretion in regard to the inclusion or non-inclusion of any matter in the minutes on the grounds specified in sub-section (5). (7) The minutes kept in accordance with the provisions of this section shall be evidence of the proceedings recorded therein. (8) Where the minutes have been kept in accordance with sub-section (1) then, until the contrary is proved, the meeting shall be deemed to have been duly called and held, and all proceedings thereat to have duly taken place, and the resolutions passed by postal ballot to have been duly passed and in particular, all appointments of directors, key managerial personnel, auditors or company secretary in practice, shall be deemed to be valid. (9) No document purporting to be a report of the proceedings of any general meeting of a company shall be circulated or advertised at the expense of the company, unless it includes the matters required by this section to be contained in the minutes of the proceedings of such meeting. (10) Every company shall observe secretarial standards with respect to general and Board meetings specified by the Institute of Company Secretaries of India constituted under section 3 of the Company Secretaries Act, 1980 (56 of 1980), and approved as such by the Central Government. (11) If any default is made in complying with the provisions of this section in respect of any meeting, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees. (12) If a person is found guilty of tampering with the minutes of the proceedings of meeting, he shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees. (1) A statement setting out the following material facts
concerning each item of special business to be transacted at a general meeting, shall be annexed to the
notice calling such meeting, namely:--
(a) the nature of concern or interest, financial or otherwise, if any, in respect of each items of-- (i) every director and the manager, if any; (ii) every other key managerial personnel; and (iii) relatives of the persons mentioned in sub-clauses (i) and (ii); (b) any other information and facts that may enable members to understand the meaning, scope and implications of the items of business and to take decision thereon. (2) For the purposes of sub-section (1),-- (a) in the case of an annual general meeting, all business to be transacted thereat shall be deemed special, other than-- (i) the consideration of financial statements and the reports of the Board of Directors and auditors; (ii) the declaration of any dividend; (iii) the appointment of directors in place of those retiring; (iv) the appointment of, and the fixing of the remuneration of, the auditors; and (b) in the case of any other meeting, all business shall be deemed to be special: Provided that where any item of special business to be transacted at a meeting of the company relates to or affects any other company, the extent of shareholding interest in that other company of every promoter, director, manager, if any, and of every other key managerial personnel of the first mentioned company shall, if the extent of such shareholding is not less than two per cent. of the paid-up share capital of that company, also be set out in the statement. (3) Where any item of business refers to any document, which is to be considered at the meeting, the time and place where such document can be inspected shall be specified in the statement under sub-section (1). (4) Where as a result of the non-disclosure or insufficient disclosure in any statement referred to in sub-section (1), being made by a promoter, director, manager, if any, or other key managerial personnel, any benefit which accrues to such promoter, director, manager or other key managerial personnel or their relatives, either directly or indirectly, the promoter, director, manager or other key managerial personnel, as the case may be, shall hold such benefit in trust for the company, and shall, without prejudice to any other action being taken against him under this Act or under any other law for the time being in force, be liable to compensate the company to the extent of the benefit received by him. 1[(5) Without prejudice to the provisions of sub-section (4), if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is higher.]
1. Subs. by Act 22 of 2019, s. 16, for sub-section (5) (w.e.f. 2-11-2018).
Where, by any provision contained in this Act or in the
articles of a company, special notice is required of any resolution, notice of the intention to move such
resolution shall be given to the company by such number of members holding not less than one per cent.
of total voting power or holding shares on which such aggregate sum not exceeding five lakh rupees, as
may be prescribed, has been paid-up and the company shall give its members notice of the resolution in
such manner as may be prescribed.
(1) Notwithstanding anything contained in this Act, a company
(a) shall, in respect of such items of business as the Central Government may, by notification, declare to be transacted only by means of postal ballot; and (b) may, in respect of any item of business, other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting, transact by means of postal ballot, in such manner as may be prescribed, instead of transacting such business at a general meeting: 1[Provided that any item of business required to be transacted by means of postal ballot under clause (a), may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section.] (2) If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf.
1. The Proviso ins. by Act 1 of 2018, s. 29 (w.e.f. 9-2-2018).
(1) A resolution shall be an ordinary resolution if the
notice required under this Act has been duly given and it is required to be passed by the votes cast,
whether on a show of hands, or electronically or on a poll, as the case may be, in favour of the resolution,
including the casting vote, if any, of the Chairman, by members who, being entitled so to do, vote in
person, or where proxies are allowed, by proxy or by postal ballot, exceed the votes, if any, cast against
the resolution by members, so entitled and voting.
(2) A resolution shall be a special resolution when-- (a) the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution; (b) the notice required under this Act has been duly given; and (c) the votes cast in favour of the resolution, whether on a show of hands, or electronically or on a poll, as the case may be, by members who, being entitled so to do, vote in person or by proxy or by postal ballot, are required to be not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting. (1) The books containing the minutes of the
proceedings of any general meeting of a company or of a resolution passed by postal ballot, shall--
(a) be kept at the registered office of the company; and (b) be open, during business hours, to the inspection by any member without charge, subject to such reasonable restrictions as the company may, by its articles or in general meeting, impose, so, however, that not less than two hours in each business day are allowed for inspection. (2) Any member shall be entitled to be furnished, within seven working days after he has made a request in that behalf to the company, and on payment of such fees as may be prescribed, with a copy of any minutes referred to in sub-section (1). (3) If any inspection under sub-section (1) is refused, or if any copy required under sub-section (2) is not furnished within the time specified therein, the company shall be liable to a penalty of twenty-five thousand rupees and every officer of the company who is in default shall be liable to a penalty of five thousand rupees for each such refusal or default, as the case may be. (4) In the case of any such refusal or default, the Tribunal may, without prejudice to any action being taken under sub-section (3), by order, direct an immediate inspection of the minute-books or direct that the copy required shall forthwith be sent to the person requiring it. Without prejudice to any
other provisions of this Act, any document, record, register, minutes, etc.,--
(a) required to be kept by a company; or (b) allowed to be inspected or copies to be given to any person by a company under this Act, may be kept or inspected or copies given, as the case may be, in electronic form in such form and manner as may be prescribed. (1) Every listed public company shall prepare in the
prescribed manner a report on each annual general meeting including the confirmation to the effect that
the meeting was convened, held and conducted as per the provisions of this Act and the rules made
thereunder.
(2) The company shall file with the Registrar a copy of the report referred to in sub-section (1) within thirty days of the conclusion of the annual general meeting with such fees as may be prescribed, or with such additional fees as may be prescribed, 1***. 2[(3) If the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.]
1. The words and figures "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 31 (w.e.f. 7-5-2018).
2. Subs. by Act 22 of 2019, s. 19, for sub-section (3) (w.e.f. 2-11-2018). (1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). [Return to be filed with Registrar in case promoter's stake changes.] Omitted by the Companies
Act, 2017 (1 of 2018), s. 24 (w.e.f. 13-6-2018).
(1) The registers required to be kept
and maintained by a company under section 88 and copies of the annual return filed under section 92 shall
be kept at the registered office of the company:
Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company 1***: Provided further that the period for which the registers, returns and records are required to be kept shall be such as may be prescribed. (2) The registers and their indices, except when they are closed under the provisions of this Act, and the copies of all the returns shall be open for inspection by any member, debenture-holder, other security holder or beneficial owner, during business hours without payment of any fees and by any other person on payment of such fees as may be prescribed. (3) Any such member, debenture-holder, other security holder or beneficial owner or any other person may (a) take extracts from any register, or index or return without payment of any fee; or (b) require a copy of any such register or entries therein or return on payment of such fees as may be prescribed. 2[Provided that such particulars of the register or index or return as may be prescribed shall not be available for inspection under sub-section (2) or for taking extracts or copies under this sub-section.]. (4) If any inspection or the making of any extract or copy required under this section is refused, the company and every officer of the company who is in default shall be liable, for each such default, to a penalty of one thousand rupees for every day subject to a maximum of one lakh rupees during which the refusal or default continues. (5) The Central Government may also, by order, direct an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it.
1. The words "and the Registrar has been given a copy of the proposed special resolution in advance" omitted by s. 25, ibid.
(w.e.f. 13-6-2018).
2. The proviso ins. by s. 25, ibid. (w.e.f. 13-6-2018).
(1) The Board may, whenever it deems fit, call an
extraordinary general meeting of the company.
1[Provided that an extraordinary general meeting of the company, other than of the wholly owned subsidiary of a company incorporated outside India, shall be held at a place within India.] (2) The Board shall, at the requisition made by,-- (a) in the case of a company having a share capital, such number of members who hold, on the date of the receipt of the requisition, not less than one-tenth of such of the paid-up share capital of the company as on that date carries the right of voting; (b) in the case of a company not having a share capital, such number of members who have, on the date of receipt of the requisition, not less than one-tenth of the total voting power of all the members having on the said date a right to vote, call an extraordinary general meeting of the company within the period specified in sub-section (4). (3) The requisition made under sub-section (2) shall set out the matters for the consideration of which the meeting is to be called and shall be signed by the requisitionists and sent to the registered office of the company. (4) If the Board does not, within twenty-one days from the date of receipt of a valid requisition in regard to any matter, proceed to call a meeting for the consideration of that matter on a day not later than forty-five days from the date of receipt of such requisition, the meeting may be called and held by the requisitionists themselves within a period of three months from the date of the requisition. (5) A meeting under sub-section (4) by the requisitionists shall be called and held in the same manner in which the meeting is called and held by the Board. (6) Any reasonable expenses incurred by the requisitionists in calling a meeting under sub-section (4) shall be reimbursed to the requisitionists by the company and the sums so paid shall be deducted from any fee or other remuneration under section 197 payable to such of the directors who were in default in calling the meeting.
1. The proviso ins. by Act 1 of 2018, s. 27 (w.e.f. 9-2-2018).
(1) Any member of a company entitled to attend and vote at a meeting of the
company shall be entitled to appoint another person as a proxy to attend and vote at the meeting on his
behalf:
Provided that a proxy shall not have the right to speak at such meeting and shall not been titled to vote except on a poll: Provided further that, unless the articles of a company otherwise provide, this sub-section shall not apply in the case of a company not having a share capital: Provided also that the Central Government may prescribe a class or classes of companies whose members shall not be entitled to appoint another person as a proxy: Provided also that a person appointed as proxy shall act on behalf of such member or number of members not exceeding fifty and such number of shares as may be prescribed. (2) In every notice calling a meeting of a company which has a share capital, or the articles of which provide for voting by proxy at the meeting, there shall appear with reasonable prominence a statement that a member entitled to attend and vote is entitled to appoint a proxy, or, where that is allowed, one or more proxies, to attend and vote instead of himself, and that a proxy need not be a member. (3) If default is made in complying with sub-section (2), every officer of the company who is in default shall be 1 [liable to a penalty of five thousands rupees]. (4) Any provision contained in the articles of a company which specifies or requires a longer period than forty-eight hours before a meeting of the company, for depositing with the company or any other person any instrument appointing a proxy or any other document necessary to show the validity or otherwise relating to the appointment of a proxy in order that the appointment may be effective at such meeting, shall have effect as if a period of forty-eight hours had been specified in or required by such provision for such deposit. (5) If for the purpose of any meeting of a company, invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the company’s expense to any member entitled to have a notice of the meeting sent to him and to vote thereat by proxy, every officer of the company 2 [who issues the invitation as aforesaid or authorises or permits their issue, shall be liable to a penalty of fifty thousand rupees]: Provided that an officer shall not be 3 [liable] under this sub-section by reason only of the issue to a member at his request in writing of a form of appointment naming the proxy, or of a list of persons willing to act as proxies, if the form or list is available on request in writing to every member entitled to vote at the meeting by proxy. (6) The instrument appointing a proxy shall-- (a) be in writing; and (b) be signed by the appointer or his attorney duly authorised in writing or, if the appointer is a body corporate, be under its seal or be signed by an officer or an attorney duly authorised by it. (7) An instrument appointing a proxy, if in the form as may be prescribed, shall not be questioned on the ground that it fails to comply with any special requirements specified for such instrument by the articles of a company. (8) Every member entitled to vote at a meeting of the company, or on any resolution to be moved thereat, shall be entitled during the period beginning twenty-four hours before the time fixed for the commencement of the meeting and ending with the conclusion of the meeting, to inspect the proxies lodged, at any time during the business hours of the company, provided not less than three days’ notice in writing of the intention so to inspect is given to the company.
1. Subs. by Act 22 of 2019, s. 17, for "punishable with fine which may extend to five thousand rupees" (w.e.f. 2-11-2018).
2. Subs. by Act 29 of 2020, s. 21, for certain words (w.e.f. 21-12-2020). 3. Subs. by s. 21, ibid., for "punishable" (w.e.f. 21-12-2020). (1) Every company shall prepare a return (hereinafter referred to as the annual
return) in the prescribed form containing the particulars as they stood on the close of the financial year
regarding--
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies; (b) its shares, debentures and other securities and shareholding pattern; 1* * * * * (d) its members and debenture-holders along with changes therein since the close of the previous financial year; (e) its promoters, directors, key managerial personnel along with changes there in since the close of the previous financial year; (f) meetings of members or a class thereof, Board and its various committees along with attendance details; (g) remuneration of directors and key managerial personnel; (h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment; (i) matters relating to certification of compliances, disclosures as may be prescribed; (j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors 2***; and (k) such other matters as may be prescribed, and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice: Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company. 3[Provided further that the Central Government may prescribe abridged form of annual return for "One Person Company, small company and such other class of classes of companies as may be prescribed".] (2) 4[The annual return, filed by a listed company or, by a company having such paid-up capital or turnover as may be prescribed shall be certified by a company secretary in practice in the prescribed form, stating that the annual return discloses the facts correctly and adequately and that the company has complied with all the provisions of this Act. (3) An extract of the annual return in such form as may be prescribed shall form part of the Board's report. (4) Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, 5***. 6[(5) If any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of 7[ten thousand rupees] and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of 8[two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is an default].] (6) If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made thereunder, he shall be 8 [liable to a penalty of two lakh rupees].
1. Clause (c) omitted by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021).
2. The words "indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them" omitted by s. 23, ibid (w.e.f. 5-3-2021). 3. Ins. by Act 1 of 2018, s. 23 (w.e.f. 5-3-2021). 4. Subs. by S.O. 1177 (E), dated 29th April, 2014 for certain words (w.e.f. 29-4-2014). 5. The words "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 23 (w.e.f. 7-5-2018). 6. Subs. by Act 22 of 2019, s. 15, for sub-section (5) (w.e.f. 2-11-2018). 7. Subs. by Act 29 of 2020, s. 20, for "fifty thousand rupees" (w.e.f. 21-12-2020). 8. Subs. by s. 20, ibid., for "five lakh rupees" (w.e.f. 21-12-2020). 9. Subs. by s. 20, ibid., for "punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees" (w.e.f. 21-12-2020). (1) The President of India or the
Governor of a State, if he is a member of a company, may appoint such person as he thinks fit to act as his
representative at any meeting of the company or at any meeting of any class of members of the company.
(2) A person appointed to act under sub-section (1) shall, for the purposes of this Act, be deemed to be a member of such a company and shall be entitled to exercise the same rights and powers, including the right to vote by proxy and postal ballot, as the President or, as the case may be, the Governor could exercise as a member of the company. (1) A body
corporate, whether a company within the meaning of this Act or not, may,--
(a) if it is a member of a company within the meaning of this Act, by resolution of its Board of Directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the company, or at any meeting of any class of members of the company; (b) if it is a creditor, including a holder of debentures, of a company within the meaning of this Act, by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this Act or of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be. (2) A person authorised by resolution under sub-section (1) shall be entitled to exercise the same rights and powers, including the right to vote by proxy and by postal ballot, on behalf of the body corporate which he represents as that body could exercise if it were an individual member, creditor or holder of debentures of the company. The Central Government may prescribe the class or classes
of companies and manner in which a member may exercise his right to vote by the electronic means.
(1) Before or on the declaration of the result of the voting on any resolution
on show of hands, a poll may be ordered to be taken by the Chairman of the meeting on his own motion,
and shall be ordered to be taken by him on a demand made in that behalf,--
(a) in the case a company having a share capital, by the members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power or holding shares on which an aggregate sum of not less than five lakh rupees or such higher amount as may be prescribed has been paid-up; and (b) in the case of any other company, by any member or members present in person or by proxy, where allowed, and having not less than one-tenth of the total voting power. (2) The demand for a poll may be withdrawn at any time by the persons who made the demand. (3) A poll demanded for adjournment of the meeting or appointment of Chairman of the meeting shall be taken forthwith. (4) A poll demanded on any question other than adjournment of the meeting or appointment of Chairman shall be taken at such time, not being later than forty-eight hours from the time when the demand was made, as the Chairman of the meeting may direct. (5) Where a poll is to be taken, the Chairman of the meeting shall appoint such number of persons, as he deems necessary, to scrutinise the poll process and votes given on the poll and to report thereon to him in the manner as may be prescribed. (6) Subject to the provisions of this section, the Chairman of the meeting shall have power to regulate the manner in which the poll shall be taken. (7) The result of the poll shall be deemed to be the decision of the meeting on the resolution on which the poll was taken. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) A general meeting of a company may be called by giving not less than
clear twenty-one days' notice either in writing or through electronic mode in such manner as maybe
prescribed:
2[Provided that a general meeting may be called after giving shorter notice than that specified in this sub-section if consent, in writing or by electronic mode, is accorded thereto-- (i) in the case of an annual general meeting, by not less than ninty-five per cent. of the members entitled to vote thereat; and (ii) in the case of any other general meeting, by members of the company-- (a) holding, if the company has a share capital, majority in number of members entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or (b) having, if the company has no share capital, not less than ninty-five per cent. of the total voting power exercisable at that meeting: Provided further that where any member of a company is entitled to vote only on some resolution or resolutions to be moved at a meeting and not on the others, those members shall be taken into account for the purposes of this sub-section in respect of the former resolution or resolutions and not in respect of the latter.] (2) Every notice of a meeting shall specify the place, date, day and the hour of the meeting and shall contain a statement of the business to be transacted at such meeting. (3) The notice of every meeting of the company shall be given to-- (a) every member of the company, legal representative of any deceased member or the assignee of an insolvent member; (b) the auditor or auditors of the company; and (c) every director of the company. (4) Any accidental omission to give notice to, or the non-receipt of such notice by, any member or other person who is entitled to such notice for any meeting shall not invalidate the proceedings of the meeting.
1. The proviso subs. by s. 28, ibid. (w.e.f. 9-2-2018).
(1) A copy of every resolution or any agreement, in
respect of matters specified in sub-section (3) together with the explanatory statement under section 102,
if any, annexed to the notice calling the meeting in which the resolution is proposed, shall be filed with the Registrar within thirty days of the passing or making thereof in such manner and with such fees as
may be prescribed 1***:
Provided that the copy of every resolution which has the effect of altering the articles and the copy of every agreement referred to in sub-section (3) shall be embodied in or annexed to every copy of the articles issued after passing of the resolution or making of the agreement. 2(2) If any company fails to file the resolution or the agreement under sub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of two lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of ten thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of fifty thousand rupees.] (3) The provisions of this section shall apply to-- (a) special resolutions; (b) resolutions which have been agreed to by all the members of a company, but which, if not so agreed to, would not have been effective for their purpose unless they had been passed as special resolutions; (c) any resolution of the Board of Directors of a company or agreement executed by a company, relating to the appointment, re-appointment or renewal of the appointment, or variation of the terms of appointment, of a managing director; (d) resolutions or agreements which have been agreed to by any class of members but which, if not so agreed to, would not have been effective for their purpose unless they had been passed by a specified majority or otherwise in some particular manner; and all resolutions or agreements which effectively bind such class of members though not agreed to by all those members; 3* * * * * (f) resolutions requiring a company to be wound up voluntarily passed in pursuance of 4 [section 59 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016)]; (g) resolutions passed in pursuance of sub-section (3) of section 179:5*** 6[Provided that no person shall be entitled under section 399 to inspect or obtain copies of such resolutions; 7***] 8[Provided further that nothing contained in this clause shall apply in respect of a resolution passed to grant loans, or give guarantee or provide security in respect of loans under clause (f) of sub-section (3) of section 179 in the ordinary course of its business by-- (a) a banking company; (b) any class of non-banking financial company registered under Chapter IIIB of the Reserve Bank of India Act, 1934, as may be prescribed in consultation with the Reserve Bank of India; (c) any class of housing finance company registered under the National Housing Bank Act, 1987 (53 of 1987), as may be prescribed in consultation with the National Housing Bank; and] (h) any other resolution or agreement as may be prescribed and placed in the public domain.
1. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018).
2. Subs. by Act 29 of 2020, s. 22, for sub-section (2) (w.e.f. 21-12-2020). 3.Clause (e) omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 4. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for "section 304" (w.e.f. 15-11-2016). 5. The word "and" omitted by Act 21 of 2015, s. 9 (w.e.f. 29-5-2015). 6. Ins. by s. 9, ibid. (w.e.f. 29-5-2015). 7. The "and" omitted by Act 1 of 2018, s. 30 (w.e.f. 7-5-2018). 8.The proviso subs. by Act 29 of 2020, s. 22 (w.e.f. 22-1-2021). | ||||||||||||||||
Related Section(s)(1)
Notwithstanding anything contained in any other law for the time being in force, the Central Government
or the State Government may, by notification in the Official Gazette, authorise one or more persons who
shall be competent to act under this Act:
Provided that the person so authorised may, if he has reasonable ground for believing that any person has committed an offence under section 4 or section 6, may detain such person unless the accused person furnishes his name and address, and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him. (2) Any person detained under sub-section (1) shall forthwith be taken before Magistrate to be dealt with according to law. (3) Any person committing an offence under section 4 or section 6 shall be tribal for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force. (4) Every notification issued under sub-sections (1) and (3) shall be published in the Official Gazette, and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as the State Government may direct. (5) Every person authorised under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s)(1) The State Government shall, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules shall— (a) prescribe the conditions and restrictions subject to which daily allowance may be drawn; (b) prescribe the conditions under which the rates at which and the journeys for which travelling allowances may be claimed; (c) specify the classes of journeys which shall be deemed to have been undertaken by an officer of the Legislative Assembly in the discharge of his duties; (d) prescribe the conditions under which and the rate at which hospital and free medical attendance and treatment to be afforded to any officer in the discharge of his official duties; (e) prescribe the medical, housing facilities mentioned in section 9; (f) specify the circumstances in which and the extent to which the salary of a member may be deducted; (ff) prescribe the rules for drawing pension and the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this Act; and (g) lay down such other matters as may be or are required to be prescribed by this Act. (3) Any rule under this Act may be made so as to have retrospective effect from such date, not earlier than the date of commencement of this Act, as the State Government may, by notification in the Official Gazette, appoint. | ||||||||||||||||
Related Section(s)(1) The Central Government may appoint two suitable persons
respectively as the secretary and the chief accounts officer of the Authority who shall exercise such
powers and perform such duties as may be prescribed by regulations or delegated to them by the
Authority or the chairman.
(2) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint such number of other officers and employees (including experts for technical work) as may be necessary for the efficient performance of its functions and may determine their designations and grades. (3) The secretary, chief accounts officer and other officers and employees of the Authority shall be entitled to receive from the funds of the Authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf. (1) This Act may be called the Delhi Development
Act, 1957.
(2) It extends to the whole of the 1[National Capital Territory of Delhi]. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
1 Subs. by Act 36 of 1996, s. 2, for "Union territory of Delhi" (w.e.f. 21-12-1996).
2 30th December, 1957, vide notification No. S. R. O. 120, dated 30th December, 1957, see Gazette of India, Extraordinary, Part. II, sec. 3. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (1) The Central Government shall determine the nature and categories of the
officers and other employees required to assist the Tribunal in the discharge of its functions.
(2) The recruitment of the officers and other employees of the Tribunal shall be made by the Chairperson in such manner as may be prescribed. (3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairperson. (4) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (o) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub-section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. (3) Every rule made under this Act and every notification made under section 30 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 rule or notification or both Houses agree that the rule or notification should not be made, the 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 without prejudice to the validity of anything previously done under that rule or notification. (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products
produced, supplied or distributed by him bears thereon, or on its label 1[such specified warning including
a pictorial warning as may be prescribed.]
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act.
1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Central Silk Board Act, 1948.
1[(2) It extends to the whole of India 2***.]
1. Subs. by the A. O. 1950, for sub-section (2).
2. The words "except the State of Jammu and Kashmir" omitted by Act 21 of 1970, s. 2. (1)
1[The2[Vice-Chairperson] shall] exercise such
of the powers and perform such of the duties of the 3[Chairperson] as may be prescribed or as may be
delegated to him by the 3[Chairperson].
(2) The Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such of its powers and performing such of its duties as may be delegated by it not being powers or duties the delegation of which is prohibited by rules made under this Act. (3) The Standing Committee shall consist of the 3[Chairperson], the 2[Vice-Chairperson], and five others elected by the Board from among its members.
1. Subsby the Act 42 of 2006, s. 6, for "The Central Government shall appoint from among the members of the Board, a ViceChairman
who shall"(w.e.f 1.7.2007).
2. Subs. by s. 3, for"Vice-Chairman" (w.e.f. 1-7-2007). 3. Subs. by s. 3,ibid., for "Chairman" (w.e.f. 1-7-2007) (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:-- (i) the term of office of members of the Board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the Board; (ii) the procedure to be followed at meetings of the Board and at the standing committee for the conduct of business and the number of members which shall form a quorum at any meeting; (iii) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government; (iv) the holding of a minimum number of meetings every year; (v) the power of the Board, its Chairman and Standing Committee with respect to the incurring of expenditure; (vi) the conditions subject to which the Board may incur expenditure outside India; (vii) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned; (viii) the maintenance of the accounts of income and expenditure of the Board2 ***; 3[(viiia) the form of the annual report of the Board and the date on or before which it shall be submitted to the Central Government;] (ix) the deposit of the funds of the Board in bank and the investment of such funds; (x) the re-appropriation of estimated savings from one budget head to any other budget head; (xi) the conditions subject to which the Board may borrow funds; (xii) the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the Board; (xiii) the delegation to the Standing Committee or the 4[Chairperson] or the 5[Vice-Chairperson] or members or officers of the Board of any of the powers and duties of the Board under this act; (xiv) the staff which may be employed by the Board and the pay and allowances, leave and other conditions of service of officers and other employees of the Board; (xv) the travelling and other allowances of members of the Board and or the Standing Committee; 6[(xva) specifying the allowances or fees of the persons associated by the Committee under subsection (2) of section 8A; (xvb) matters incidental to the production, supply, distribution, trade and commerce in silk-worm seed under clause (x) of sub-section (2) of section 8B; (xvc) manner of registration of a producer or dealer by the Registration Committee under subsection (1) and form for making application and fees to be paid under sub-section (4) of section 8E;] (xvi) the purposes for which funds of the Board may be expended; (xvii) the maintenance of the registers and other records of the Board and of its Standing Committee; (xviii) the collection of any information or statistics in respect of raw silk or any product of silk; 7[(xix) the manner of grading, marketing, developing and distributing raw silk and products of silk industry;] (xx) any other matter which is to be or may be prescribed. 8* * * * *
1. Subs. by Act 31 of 1953, s. 8, for sub-section (2) (w.e.f. 25-3-1954).
2.The words "and the audit of such accounts"omitted by Act 21 of 1970, s. 6. 3. Ins. by s. 6, ibid. 4. Subs. by Act 42 of 2006, s. 3, for "Chairman", (w.e.f.1-7-2007). 5. Subs. by s. 3, ibid., for "Vice-Chairman" (w.e.f. 1-7-2007). 6 Ins. by s. 10, ibid. (w.e.f. 1.7.2007). 7 Subs. by s. 10, for clause (xix) (w.e.f. 1-7-2007). 8 Sub-section (3) omitted by s. 10, ibid. (w.e.f. 1-7-2007). 1[8C. Power to notify kinds or varieties of silk-worm seeds.--(1) If the Central Government, after
consultation with the Committee, is of the opinion that it is necessary or expedient to regulate the quality
of silk-worm seed of any kind or variety for the purpose of production and for commercial exploitation, it
may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety
for the purposes of this Act and different kinds or varieties may be notified for different States or for
different areas thereof, and it shall be incumbent upon every producer or dealer of such silk-worm seeds
to produce or deal with such notified kinds and varieties of silk-worm seeds and in no other.
(2) The Central Government may, on the recommendation of the Committee, by notification, specify-- (a) the minimum quality standards and conditions for notified kinds or varieties of silk-worm seed; and (b) the mark or label to indicate that such silk-worm seed conforms to the specified quality standards.]
1. Ins. by Act 42 of 2006, s. 9(w.e.f. 1-7-2007).
2[The Secretary to the Board shall], under the control and direction of
the Board, exercise such powers and perform such duties as may be prescribed or as may be delegated to
him by the Board or the1[Chairperson].
1. Subs. by s. 3,ibid., for "Chairman" (w.e.f. 1-7-2007).
2. Subsby s. 7, ibid., for "The Central Government shallappoint a Secretary to the Board who shall"(w.e.f. 1-7-2007). (1) If any Government other
than the Central Government fails to make any nomination which it is entitled to make under sub-section
(3) of section 4 within the time prescribed in that behalf, the Central Government may make the
nomination itself.
(2) Where a member of the Board dies, resigns, is removed, ceases to reside in India, or becomes incapable of acting, the authority or body entitled to nominate the member under sub-section (3) of section 4 may nominate a person to fill the vacancy; and where such nomination is not made within the time prescribed in that behalf, the Central Government on its own initiative, may make the nomination itself. (3) No act done by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. (1) As soon as may be after the commencement of this Act, the
Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a
Board to be called the Central Silk Board.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 1[(3) The Board shall consist of the following members, namely:-- (a) a2[Chairperson] to be appointed by the Central Government; 3[(b) not more than three officials to be nominated by the Central Government, one of whom shall be the head of the Silk Division in the Ministry of Textiles as the 4[Vice-Chairperson] and one shall be the Secretary of the Board, both being the officers not below the rank of Joint Secretary to the Government of India;] Provided that it shall be lawful for any such official to depute in the prescribed circumstances another official to attend any meeting of the Board on his behalf; (c) six persons to be elected by Parliament, four from the House of the People by the members of the House of the People and two from the Council of States by the members of the Council of States; 5[Provided that a member of Parliament shall, upon ceasing to be a member of the House of the People or as the case may be, the Council of States, cease to be a member of the Board.] (d) 6[five persons] to be nominated by the Government of 7[Karnataka], one of whom shall represent the filature raw silk industry and two shall represent the rest of the sericulture industry; (e) 8[one person] to be nominated by the Government of 9[Tamil Nadu]; (f) two persons to be nominated by the Governor of West Bengal; (g) one person to be nominated by each of the Governments of 10[Andhra Pradesh], Assam, Bihar, Chhattisgarh, 11[Gujarat], 12* * * , Madhya Pradesh, Uttar Pradesh and Uttaranchal;] (h) one person to be nominated by the Government of Jammu and Kashmir; (i) not more than three persons to be nominated by the Central Government to represent the producers of raw silk and areas other than the States specified in clauses (d) to (g) inclusive; (j) eight persons to be nominated by the Central Government, of whom one shall represent the spun-silk industry, one the silk throwing and twisting industry, one the silk weaving industry, one labour; and two of them shall be experts in sericulture.] (4) The members of the Board shall receive from its funds such travelling and other allowances as may be prescribed. 13[(5) Subject to the other provisions of this Act, the term of office of a member shall be such period, not exceeding three years, as may be prescribed. (6) Notwithstanding anything contained in sub-section (5),-- (a) the Central Government may terminate the appointment of the 14[Chairperson]after giving him notice for a period of not less than three months; (b) the 14[Chairperson]may resign his office by giving notice in writing for a period of not less than three months to the Central Government, and on such resignation being notified in the Official Gazette by that Government, the 14[Chairperson]shall be deemed to have vacated his office.]
1. Subs. by Act 31 of 1953, s. 4, for sub-section (3) (w.e.f. 25-3-1954).
2. Subs. by Act 42 of 2006, s. 3, for "Chairman" (w.e.f. 1-7-2007). 3. Subs.by s. 4, ibid., for clause (b) (w.e.f. 1-7-2007). 4. Subs. by s. 3, ibid., for "Vice-Chairman" (w.e.f. 1-7-2007). 5. Ins. by Act 42 of 2006, s. 4 (w.e.f. 1-7-2007). 6. Subs. by the A. O. (No. 3), 1956, for "four persons". 7. Subs. by the Mysore State (Alteration of Name) (Adaption of Laws on Union Subjects) Order, 1974, for "Mysore" (w.e.f. 1-11-1973). 8. Subs. by the A. O. (No. 3), 1956, for "two persons". 9. Subs. by the Madras State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1970, for "Madras" (w.e.f. 14-1-1969). 10. Subs. by the A. O. (No. 3), 1956, for "Andhra". 11. Subs. by the Bombay Reorganisation (Adaptation of Laws on Union Subjects) Order, 1961, for "Bombay" (w.e.f. 1-5-1960). 12. The words "Madhya Bharat" omitted by the A. O. (No. 3), 1956. 13. The words in brackets shall stand inserted (date to be notified) by Act 13 of 1982, s. 2. 14.Subs. by Act 42 of 2006, s. 3, for "Chairman" (w.e.f.1-7-2007). 1[8A. Constitution of Central Silk-worm Seed Committee.--(1) The Central Government may, by
notification in the Official Gazette, constitute for the purposes of this Act, a Committee to be called the
Central Silk-worm Seed Committee consisting of--
(a) the Vice-Chairperson of the Board who shall be the Chairperson of the Committee, ex officio; (b) (i) seven officials not below the rank of Deputy Secretary to the Government of India dealing with sericulture from the States-members; (ii) two experts from the field of silk-worm seed development-members; (iii) five persons to represent the sericulture sector of whom three shall be the farmers and two the reelers-members; to be nominated by the Central Government from amongst the members of the Board; (c) the Director of the National Silk-worm Seed Organisation to be nominated by the Central Government-member; and (d) Secretary of the Board who shall be the Secretary of the Committee, ex officio. (2) The Committee may associate with it, for such purposes and in such manner as it may deem fit, any person whose assistance or advice it may consider necessary in complying with the provisions of this Act, and a person so associated, shall have the right to take part in the proceedings of the Committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be prescribed by the Central Government. (3) A member nominated under sub-section (1) shall, unless his seat becomes vacant earlier by resignation, death or otherwise, hold office for a period of three years from the date of his nomination and shall be eligible for re-nomination: Provided that a person nominated under sub-section (1) shall hold office only for so long as he holds the appointment by virtue of which his nomination was made. (4) No act or proceeding of the Committee shall become invalid merely by reason of (i) any vacancy therein, or any defect in the constitution thereof; or (ii) any matter relating to the procedure of the Committee not affecting the merits of a case. (5) The Central Government shall provide to the Committee such other technical and other officers and employees as may be necessary for the efficient performance of the functions under this Act. (6) (a) The Committee shall meet at such time and place and shall observe such procedure in regard to transaction of business at its meeting (including the quorum at meetings) as may be specified by regulations. (b) The Chairperson or in his absence any member chosen by the members present from amongst themselves, shall preside at a meeting of the Committee. (c) All questions at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in case of equality of votes, the Chairperson or in his absence, the person presiding over the meeting shall have a second or casting vote.]
1. Ins. by Act 42 of 2006, s. 9(w.e.f. 1-7-2007).
1[8E. Registration Committee.--(1) No silk-worm seed of any kind or variety shall, for the purpose of
production or for commercial exploitation, be produced, supplied, distributed, traded, sold or otherwise
disposed of by a producer or dealer unless he is registered by the Registration Committee in such manner
as may be prescribed.
(2) The Committee shall constitute the Registration Committee consisting of a Chairperson and such number of other members not less then two to assist him in the discharge of his duties as the Committee, may determine. (3) The Registration Committee shall have power-- (a) to register the silk-worm seed of the notified kind or variety after scrutinising claims that the silk-worm seed conforms the kind or variety duly notified by the Central Government; (b) to register the silk-worm seed producer after ensuring that the facility for seed production meets the requirement or conditions for maintaining quality standards as notified by the Central Government; (c) to register the silk-worm dealer after scrutinising their claim made in the application; (d) to perform such other functions as are assigned to it by the Committee. (4) Every application for registration under sub-section (1) shall be made in such form and contain such particulars including conditions and be accompanied by such fees as may be prescribed.]
1. Ins. by Act 42 of 2006, s. 9(w.e.f. 1-7-2007).
(1) With effect from such date as the Central
Government may, by notification in the Official Gazette appoint, there shall be levied and collected as a
cess for the purposes of this Act a duty of excise on all filature raw silk, and on all spun silk, reeled in the
territories to which this Act for the time being extends at such rate as the Central Government may, by
notification in the Official Gazette, from time to time fix.
(2) The said duty of excise shall be payable by the reelers of filature raw silk or spun silk and shall be paid by them to the Board within one month from the date of the receipt of the notice of demand from the Board in that behalf. (3) The said duty of excise may be recovered as if it were an arrear of land revenue. (4) For the purpose of enabling the Board to assess the amount of the duty of excise payable under this section by the reelers of filature raw silk or spun silk,-- (a) the Board shall, by notification in the Official Gazette, fix the period in respect of which assessments shall be made, and (b) every reeler of filature raw silk or spun silk shall furnish to the Board within the prescribed time a return specifying the total amount of filature raw silk or spun silk reeled during such period. (5) If any reeler of filature raw silk or spun silk fails to furnish such return within the prescribed time or furnishes a return which the Board has reason to believe to be incorrect or defective, the Board may assess the amount payable by such reeler in such manner as may be prescribed. (6) Any reeler feeling himself aggrieved by an assessment made under this section, may, within three months of the receipt of the notice under sub-section (2), apply to the District Judge or such other civil judicial officer, as may be prescribed, for the cancellation or modification of the assessment; and such District Judge or judicial officer shall after giving the Board an opportunity of being heard, pass such order as he thinks proper; and such order shall be final. 1[(7) The proceeds of the duties of excise paid to the Board shall first be credited to the Consolidated Fund of India and the Central Government may, thereafter, from time to time, pay to the Board from and out of such proceeds such sums of money as it may think fit.]
1. Ins. by Act 31 of 1953, s. 7 (w.e.f. 25-3-1954).
(1) The Board shall keep such accounts, and in such manner and form,
as may be prescribed, respect of all moneys received and expended by it.
1[(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board. (4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament. (5) A copy of the accounts of the Board as so certified together with the audit report thereon shall be forwarded simultaneously to the Board.]
1. Subs. by Act 21 of 1970, s. 4, for sub-sections (2) and (3).
(1) The Central Government shall from time to time make grants to the
Board of such sums as the Central Government may consider necessary for enabling the Board to exercise
its powers and discharge its duties under this Act.
(2) The funds of the Board shall be kept in such bank, or, invested in such manner, as may be prescribed and shall be expended by the Board only in the performance of its functions under this Act or for meeting such expenses as are authorised by the Act or by rules made thereunder. | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) Except as may be
otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be
valid in any other region, unless the permit has been countersigned by the Regional Transport Authority
of that other rigion, and a permit granted in any one State shall not be valid in any other State unless
countersigned by the State Transport Authority of that other State or by the Regional Transport Authority
concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that-- (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, 1[grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 3* * * * * (11) The following shall be conditions of every permit granted under sub-section (9), namely:-- (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2[clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 4* * * * * (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. Explanation.-- In this section,-- (a) "appropriate authority", in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) "authorisation fee" means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) "national permit" means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
1. Subs. by Act 54 of 1994, s. 27, for "grant a special permit in relation to a vehicle covered" (w.e.f. 14-11-1994).
1. Subs. by Act 54 of 1994, s. 27 for "and 89" (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). (1) Subject to the provisions of sections 59 and 60,
a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it
carries a certificate of fitness in such form containing such particulars and information as may be
prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing
station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the
requirements of this Act and the rules made thereunder:
Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 1[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 2[(2) The "authorised testing station" referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.] (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 3[Provided that no such cancellation shall be made by the prescribed authority unless, -- (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: Provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority.] (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. 4[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as the Central Government may prescribe, the provisions of this section may be extended to non-transport vehicles.]
1. Ins. by, s. 23, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 23, ibid., for "sub-section (2)" (w.e.f. 1-9-2019). 3. The proviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1-9-2019). 4. Ins. by s. 23, ibid., (w.e.f. 1-9-2019). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Special Economic Zones
Act, 2005.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. 10th February, 2006 (ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 25, 26, 27, 28, 29, 30, 42, 43, 44, 45, 46,
47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58), vide notification No. S.O. 196(E), dated 10th February, 2006, see Gazette of
India, Extraordinary, Part II, sec. 3(ii).
1st October, 2008 (ss. 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41), vide notification No.S.O.2320(E), dated 1st October, 2008, see Gazette of India, Extraordinary, Part II, sec 3(ii). 13th January, 2010 (ss. 20, 21 and 22), vide notification No. S.O. 75(E), dated 13th January, 2010, see Gazette of India, Extraordinary, Part II, sec. 3(ii). (1) The Central Government may,
by notification, specify any act or omission made punishable under any Central Act, as notified offence
for the purposes of this Act.
(2) The Central Government may, by general or special order, authorise any officer or agency to be the enforcement officer or agency in respect of any notified offence or offences committed in a Special Economic Zone. (3) Every officer or agency authorised under sub-section (2) shall have all the corresponding powers of investigation, inspection, search or seizure as is provided under the relevant Central Act in respect of the notified offences. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)The areas falling within the Special Economic Zones
may be demarcated by the Central Government or any authority specified by it as--
(a) the processing area for setting up Units for activities, being the manufacture of goods, or rendering services; or (b) the area exclusively for trading or warehousing purposes; or (c) the non-processing areas for activities other than those specified under clause (a) or clause (b). | ||||||||||||||||
Related Section(s)Any generating
company may establish, operate and maintain a generating station without obtaining a licence under this
Act if it complies with the technical standards relating to connectivity with the grid referred to in
clause (b) of section 73.
(1) The Appropriate Commission may, after consultation
with the licensees and persons likely to be affected, specify standards of performance of a licensee or a
class of licensees.
(2) If a licensee fails to meet the standards specified under sub-section (1), without prejudice to any penalty which may be imposed or prosecution be initiated, he shall be liable to pay such compensation to the person affected as may be determined by the Appropriate Commission: Provided that before determination of compensation, the concerned licensee shall be given a reasonable opportunity of being heard. (3) The compensation determined under sub-section (2) shall be paid by the concerned licensee within ninety days of such determination. The Central Government shall, after consultation with the State Governments, prepare and notify a
national policy, permitting stand alone systems (including those based on renewable sources of energy
and other non-conventional sources of energy) for rural areas.
The Appropriate Government may specify that a
generating company shall, in extraordinary circumstances operate and maintain any generating station in
accordance with the directions of that Government.
Explanation.--For the purposes of this section, the expression "extraordinary circumstances" means circumstances arising out of threat to security of the State, public order or a natural calamity or such other circumstances arising in the public interest. (2) The Appropriate Commission may offset the adverse financial impact of the directions referred to in sub-section (1) on any generating company in such manner as it considers appropriate. (1) Subject to the provisions of this Act, the duties of a
generating company shall be to establish, operate and maintain generating stations, tie-lines, sub-stations
and dedicated transmission lines connected therewith in accordance with the provisions of this Act or the
rules or regulations made thereunder.
(2) A generating company may supply electricity to any licensee in accordance with this Act and the rules and regulations made thereunder and may, subject to the regulations made under sub-section (2) of section 42, supply electricity to any consumer. (3) Every generating company shall-- (a) submit technical details regarding its generating stations to the Appropriate Commission and the Authority; (b) co-ordinate with the Central Transmission Utility or the State Transmission Utility, as the case may be, for transmission of the electricity generated by it. No person shall--
(a) transmit electricity; or (b) distribute electricity; or (c) undertake trading in electricity, unless he is authorised to do so by a licence issued under section 14, or is exempt under section 13. The Appropriate Commission may specify any general or specific
conditions which shall apply either to a licensee or class of licensees and such conditions shall be deemed
to be conditions of such licence:
Provided that the Appropriate Commission shall, within one year from the appointed date, specify any general or specific conditions of licence applicable to the licensees referred to in the first, second, third, fourth and fifth provisos to section 14 after the expiry of one year from the commencement of this Act. Where a utility is sold under section 20 or section 24, then, upon
completion of the sale or on the date on which the utility is delivered to the intending purchaser, as the
case may be, whichever is earlier--
(a) the utility shall vest in the purchaser or the intending purchaser, as the case may be, free from any debt, mortgage or similar obligation of the licensee or attaching to the utility: Provided that any such debt, mortgage or similar obligation shall attach to the purchase money in substitution for the utility; and (b) the rights, powers, authorities, duties and obligations of the licensee under his licence shall stand transferred to the purchaser and such purchaser shall be deemed to be the licensee. If the Appropriate Commission is of the opinion that it is necessary or
expedient so to do for maintaining the efficient supply, securing the equitable distribution of electricity
and promoting competition, it may, by order, provide for regulating supply, distribution, consumption or
use thereof.
(1) If at any time the Appropriate
Commission is of the opinion that a distribution licensee--
(a) has persistently failed to maintain uninterrupted supply of electricity conforming to standards regarding quality of electricity to the consumers; or (b) is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or (c) has persistently defaulted in complying with any direction given by the Appropriate Commission under this Act; or (d) has broken the terms and conditions of licence, and circumstances exist which render it necessary for it in public interest so to do, the Appropriate Commission may, for reasons to be recorded in writing, suspend, for a period not exceeding one year, the licence of the distribution licensee and appoint an Administrator to discharge the functions of the distribution licensee in accordance with the terms and conditions of the licence: Provided that before suspending a licence under this section, the Appropriate Commission shall give a reasonable opportunity to the distribution licensee to make representations against the proposed suspension of license and shall consider the representations, if any, of the distribution licensee. (2) Upon suspension of licence under sub-section (1) the utilities of the distribution licensee shall vest in the Administrator for a period not exceeding one year or up to the date on which such utility is sold in accordance with the provisions contained in section 20, whichever is later. (3) The Appropriate Commission shall, within one year of appointment of the Administrator under sub-section (1) either revoke the licence in accordance with the provisions contained in section 19 or revoke suspension of the licence and restore the utility to the distribution licensee whose licence had been suspended, as the case may be. (4) In a case where the Appropriate Commission revokes the licence under sub-section (3), the utility of the distribution licensee shall be sold within a period of one year from the date of revocation of the licence in accordance with the provisions of section 20 and the price after deducting the administrative and other expenses on sale of utilities be remitted to the distribution licensee. (1) The Central Government may establish a centre at the
national level, to be known as the National Load Despatch Centre for optimum scheduling and despatch
of electricity among the Regional Load Despatch Centres.
(2) The constitution and functions of the National Load Despatch Centre shall be such as may be prescribed by the Central Government: Provided that the National Load Despatch Centre shall not engage in the business of trading in electricity. (3) The National Load Despatch Centre shall be operated by a Government company or any authority or corporation established or constituted by or under any Central Act, as may be notified by the Central Government. A distribution licensee may, with prior intimation to
the Appropriate Commission, engage in any other business for optimum utilisation of its assets:
Provided that a proportion of the revenues derived from such business shall, as may be specified by the concerned State Commission, be utilised for reducing its charges for wheeling: Provided further that the distribution licensee shall maintain separate accounts for each such business undertaking to ensure that distribution business neither subsidises in any way such business undertaking nor encumbers its distribution assets in any way to support such business: Provided also that nothing contained in this section shall apply to a local authority engaged, before the commencement of this Act, in the business of distribution of electricity. this Act, unless the context otherwise requires,--
(1)"Appellate Tribunal" means the Appellate Tribunal for Electricity established under section 110; (2) "appointed date" means such date as the Central Government may, by notification, appoint; (3) "area of supply" means the area within which a distribution licensee is authorised by his licence to supply electricity; (4) "Appropriate Commission" means the Central Regulatory Commission referred to in sub-section (1) of section 76 or the State Regulatory Commission referred to in section 82 or the Joint Commission referred to in section 83, as the case may be; (5) "Appropriate Government" means,-- (a) the Central Government,-- (i) in respect of a generating company wholly or partly owned by it; (ii) in relation to any inter-State generation, transmission, trading or supply of electricity and with respect to any mines, oil-fields, railways, national highways, airports, telegraphs, broadcasting stations and any works of defence, dockyard, nuclear power installations; (iii) in respect of National Load Despatch Centre and Regional Load Despatch Centre; (iv) in relation to any works or electric installation belonging to it or under its control; (b) in any other case, the State Government, having jurisdiction under this Act; (6) "Authority" mean the Central Electricity Authority referred to in sub-section (1) of section 70; (7) "Board" means a State Electricity Board, constituted before the commencement of this Act, under sub-section (1) of section 5 of the Electricity (Supply) Act, 1948 (54 of 1948); (8) "Captive generating plant" means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by any co-operative society or association of persons for generating electricity primarily for use of members of such co-operative society or association; (9) "Central Commission" means the Central Electricity Regulatory Commission referred to in sub-section (1) of section 76; (10) "Central Transmission Utility" means any Government company which the Central Government may notify under sub-section (1) of section 38; (11) "Chairperson" means the Chairperson of the Authority or Appropriate Commission or the Appellate Tribunal, as the case may be; (12) "Cogeneration" means a process which simultaneously produces two or more forms of useful energy (including electricity); (13) "company" means a company formed and registered under the Companies Act, 1956 (1 of 1956) and includes any body corporate under a Central, State or Provincial Act; (14) "conservation" means any reduction in consumption of electricity as a result of increase in the efficiency in supply and use of electricity; (15) "consumer" means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under this Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be; (16) "dedicated transmission lines" means any electric supply-line for point to point transmission which are required for the purpose of connecting electric lines or electric plants of a captive generating plant referred to in section 9 or generating station referred to in section 10 to any transmission lines or sub-stations, or generating stations, or the load centre, as the case may be; (17) "distribution licensee" means a licensee authorised to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply; (18) "distributing main" means the portion of any main with which a service line is, or is intended to be, immediately connected; (19) "distribution system" means the system of wires and associated facilities between the delivery points on the transmission lines or the generating station connection and the point of connection to the installation of the consumers; (20) "electric line" means any line which is used for carrying electricity for any purpose and includes-- (a) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended; and (b) any apparatus connected to any such line for the purpose of carrying electricity; (21) "Electrical Inspector" means a person appointed as such by the Appropriate Government under sub-section (1) of section 162 and also includes Chief Electrical Inspector; (22) "electrical plant" means any plant, equipment, apparatus or appliance or any part thereof used for, or connected with, the generation, transmission, distribution or supply of electricity but does not include-- (a) an electric line; or (b) a meter used for ascertaining the quantity of electricity supplied to any premises; or (c) an electrical equipment, apparatus or appliance under the control of a consumer; (23) "electricity" means electrical energy-- (a) generated, transmitted, supplied or traded for any purpose; or (b) used for any purpose except the transmission of a message; (24) "Electricity Supply Code" means the Electricity Supply Code specified under section 50; (25) "electricity system" means a system under the control of a generating company or licensee, as the case may be, having one or more-- (a) generating stations; or (b) transmission lines; or (c) electric lines and sub-stations, and when used in the context of a State or the Union, the entire electricity system within the territories thereof; (26) "electricity trader" means a person who has been granted a licence to undertake trading in electricity under section 12; (27) "franchisee" means a persons authorised by a distribution licensee to distribute electricity on its behalf in a particular area within his area of supply; (28) "generating company" means any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person, which owns or operates or maintains a generating station; (29) "generate" means to produce electricity from a generating station for the purpose of giving supply to any premises or enabling a supply to be so given; (30) "generating station" or "station" means any station for generating electricity, including any building and plant with step-up transformer, switch-gear, switch yard, cables or other appurtenant equipment, if any, used for that purpose and the site thereof; a site intended to be used for a generating station, and any building used for housing the operating staff of a generating station, and where electricity is generated by water-power, includes penstocks, head and tail works, main and regulating reservoirs, dams and other hydraulic works, but does not in any case include any sub-station; (31) "Government company" shall have the meaning assigned to it in section 617 of the Companies Act, 1956 (1 of 1956); (32) "grid" means the high voltage backbone system of inter-connected transmission lines, sub-station and generating plants; (33) "Grid Code" means the Grid Code specified by the Central Commission under clause (h) of sub-section (1) of section 79; (34) "Grid Standards" means the Grid Standards specified under clause (d) of section 73 by the Authority; (35) "high voltage line" means an electric line or cable of a nominal voltage as may be specified by the Authority from time to time; (36) "inter-State transmission system" includes-- (i) any system for the conveyance of electricity by means of main transmission line from the territory of one State to another State; (ii) the conveyance of electricity across the territory of an intervening State as well as conveyance within the State which is incidental to such inter-State transmission of electricity; (iii) the transmission of electricity within the territory of a State on a system built, owned, operated, maintained or controlled by a Central Transmission Utility; (37) 'intra-State transmission system' means any system for transmission of electricity other than an inter-State transmission system; (38) 'licence" means a licence granted under section 14; (39) "licensee" means a person who has been granted a licence under section 14; (40) "line" means any wire, cable, tube, pipe, insulator, conductor or other similar thing (including its casing or coating) which is designed or adapted for use in carrying electricity and includes any line which surrounds or supports, or is surrounded or supported by or is installed in close proximity to, or is supported, carried or suspended in association with, any such line; (41) "local authority" means any Nagar Panchayat, Municipal Council, municipal corporation, Panchayat constituted at the village, intermediate and district levels, body of port commissioners or other authority legally entitled to, or entrusted by the Union or any State Government with, the control or management of any area or local fund; (42) "main" means any electric supply-line through which electricity is, or is intended to be, supplied; (43) "Member" means the Member of the Appropriate Commission or Authority or Joint Commission, or the Appellate Tribunal, as the case may be, and includes the Chairperson of such Commission or Authority or Appellate Tribunal; (44) "National Electricity Plan" means the National Electricity Plan notified under sub-section (4) of section 3; (45) "National Load Despatch Centre" means the Centre established under sub-section (1) of section 26; (46) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (47) "open access" means the non-discriminatory provision for the use of transmission lines or distribution system or associated facilities with such lines or system by any licensee or consumer or a person engaged in generation in accordance with the regulations specified by the Appropriate Commission; (48) "overhead line" means an electric line which is placed above the ground and in the open air but does not include live rails of a traction system; (49) "person" shall include any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person; (50) "power system" means all aspects of generation, transmission, distribution and supply of electricity and includes one or more of the following, namely:-- (a) generating stations; (b) transmission or main transmission lines; (c) sub-stations; (d) tie-lines; (e) load despatch activities; (f) mains or distribution mains; (g) electric supply-lines; (h) overhead lines; (i) service lines; (j) works; (51) "premises" includes any land, building or structure; (52) "prescribed" means prescribed by rules made by the Appropriate Government under this Act; (53) "public lamp" means an electric lamp used for the lighting of any street; (54) "real time operation" means action to be taken at a given time at which information about the electricity system is made available to the concerned Load Despatch Centre; (55) "Regional Power Committee" means a committee established by resolution by the Central Government for a specified region for facilitating the integrated operation of the power systems in that region; (56) "Regional Load Despatch Centre" means the Centre established under sub-section (1) of section 27; (57) "regulations" means regulations made under this Act; (58) "repealed laws" means the Indian Electricity Act, 1910 (9 of 1910), the Electricity (Supply) Act, 1948 (54 of 1948) and the Electricity Regulatory Commissions Act, 1998 (14 of 1998) repealed by section 185; (59) "rules" means rules made under this Act; (60) "Schedule" means the Schedule to this Act; (61) "service-line" means any electric supply-line through which electricity is, or is intended to be, supplied-- (a) to a single consumer either from a distributing main or immediately from the Distribution Licensee's premises; or (b) from a distributing main to a group of consumers on the same premises or on contiguous premises supplied from the same point of the distributing main; (62) 'specified" means specified by regulations made by the Appropriate Commission or the Authority, as the case may be, under this Act; (63) "stand alone system" means the electricity system set-up to generate power and distribute electricity in a specified area without connection to the grid; (64) "State Commission" means the State Electricity Regulatory Commission constituted under sub-section (1) of section 82 and includes a Joint Commission constituted under sub-section (1) of section 83; (65) "State Grid Code" means the State Grid Code specified under clause (h) of sub-section (1) of section 86; (66) "State Load Despatch Centre" means the centre established under sub-section (1) of section 31; (67) "State Transmission Utility" means the Board or the Government company specified as such by the State Government under sub-section (1) of section 39; (68) "street" includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, over which the public have a right of way, and also the roadway and footway over any public bridge or causeway; (69) "sub-station" means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers converters, switch-gears, capacitors, synchronous condensers, structures, cable and other appurtenant equipment and any buildings used for that purpose and the site thereof; (70) "supply", in relation to electricity, means the sale of electricity to a licensee or consumer; (71) "trading" means purchase of electricity for resale thereof and the expression "trade" shall be construed accordingly; (72) "transmission lines means all high pressure cables and overhead lines (not being an essential part of the distribution system of a licensee) transmitting electricity from a generating station to another generating station or a sub-station, together with any step-up and step-down transformers, switch-gear and other works necessary to and used for the control of such cables or overhead lines, and such buildings or part thereof as may be required to accommodate such transformers, switch-gear and other works; (73) "transmission licensee" means a licensee authorised to establish or operate transmission lines; (74) "transmit" means conveyance of electricity by means of transmission lines and the expression "transmission" shall be construed accordingly; (75) "utility" means the electric lines or electrical plant, and includes all lands, buildings, works and materials attached thereto belonging to any person acting as a generating company or licensee under the provisions of this Act; (76) "wheeling" means the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as the case may be, are used by another person for the conveyance of electricity on payment of charges to be determined under section 62; (77) "works" includes electric line, and any building, plant, machinery, apparatus and any other thing of whatever description required to transmit, distribute or supply electricity to the public and to carry into effect the objects of a licence or sanction granted under this Act or any other law for the time being in force. (1) This Act may be called the Electricity Act, 2003.
(2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
2. 10th June, 2003 (ss. 1 to 120 and ss. 122 to 185), vide notification No. S.O. 669(E), dated 10th June, 2003, see Gazette of India, Extraordinary, Part II, sec. 3(ii). The Appropriate Government may issue directions to
the Regional Load Despatch Centres or State Load Despatch Centres, as the case may be, to take such
measures as may be necessary for maintaining smooth and stable transmission and supply of electricity to
any region or State.
The Appropriate Commission may specify
different standards under sub-section (1) of section 57 for a class or classes of licensees.
(1) The Central Government shall, from time to time,
prepare the National Electricity Policy and tariff policy, in consultation with the State Governments and
the Authority for development of the power system based on optimal utilisation of resources such as coal,
natural gas, nuclear substances or materials, hydro and renewable sources of energy.
(2) The Central Government shall publish National Electricity Policy and tariff policy from time to time. (3) The Central Government may, from time to time, in consultation with the State Governments and the Authority, review or revise, the National Electricity Policy and tariff policy referred to in sub-section (1). (4) The Authority shall prepare a National Electricity Plan in accordance with the National Electricity Policy and notify such plan once in five years: Provided that the Authority while preparing the National Electricity Plan shall publish the draft National Electricity Plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: Provided further that the Authority shall- (a) notify the plan after obtaining the approval of the Central Government; (b) revise the plan incorporating therein the directions, if any, given by the Central Government while granting approval under clause (a). (5) The Authority may review or revise the National Electricity Plan in accordance with the National Electricity Policy. The Central
Government shall also formulate a national policy, in consultation with the State Governments and the
State Commissions, for rural electrification and for bulk purchase of power and management of local
distribution in rural areas through Panchayat Institutions, users associations, co-operative societies,
non-Governmental organisations or franchisees.
1
[6. Joint responsibility of State Government and Central Government in rural electrification.–The concerned State Government and the Central Government shall jointly endeavour to provide access
to electricity to all areas including villages and hamlets through rural electricity infrastructure and
electrification of households.]
1. Subs. by Act 26 of 2007, s. 2, for section 6 (w.e.f. 15-6-2007).
(1) If the utility is not sold in the manner provided
under section 20 or section 24, the Appropriate Commission may, to protect the interest of consumers or
in the public interest, issue such directions or formulate such scheme as it may deem necessary for
operation of the utility.
(2) Where no directions are issued or scheme is formulated by the Appropriate Commission under sub-section (1), the licensee referred to in section 20 or section 24 may dispose of the utility in such manner as it may deem fit: Provided that, if the licensee does not dispose of the utility, within a period of six months from the date of revocation, under section 20 or section 24, the Appropriate Commission may cause the works of the licensee in, under, over, along, or across any street or public land to be removed and every such street or public land to be reinstated, and recover the cost of such removal and reinstatement from the licensee. (1) Where the Appropriate Commission revokes under section 19
the licence of any licensee, the following provisions shall apply, namely:--
(a) the Appropriate Commission shall invite applications for acquiring the utility of the licensee whose licence has been revoked and determine which of such applications should be accepted, primarily on the basis of the highest and best price offered for the utility; (b) the Appropriate Commission may, by notice in writing, require the licensee to sell his utility and thereupon the licensee shall sell his utility to the person (hereafter in this section referred to as the "purchaser") whose application has been accepted by that Commission; (c) all the rights, duties, obligations and liabilities of the licensee, on and from the date of revocation of licence or on and from the date, if earlier, on which the utility of the licensee is sold to a purchaser, shall absolutely cease except for any liabilities which have accrued prior to that date; (d) the Appropriate Commission may make such interim arrangements in regard to the operation of the utility as may be considered appropriate including the appointment of Administrators; (e) The Administrator appointed under clause (d) shall exercise such powers and discharge such functions as the Appropriate Commission may direct. (2) Where a utility is sold under sub-section (1), the purchaser shall pay to the licensee the purchase price of the utility in such manner as may be agreed upon. (3) Where the Appropriate Commission issues any notice under sub-section (1) requiring the licensee to sell the utility, it may, by such notice, require the licensee to deliver the utility, and thereupon the licensee shall deliver on a date specified in the notice, the utility to the designated purchaser on payment of the purchase price thereof. (4) Where the licensee has delivered the utility referred to in sub-section (3) to the purchaser but its sale has not been completed by the date fixed in the notice issued under that sub-section, the Appropriate Commission may, if it deems fit, permit the intending purchaser to operate and maintain the utility system pending the completion of the sale. (1) The Central Government shall establish a
centre for each region to be known as the Regional Load Despatch Centre having territorial jurisdiction as
determined by the Central Government in accordance with section 25 for the purposes of exercising the
powers and discharging the functions under this Part.
(2) The Regional Load Despatch Centre shall be operated by a Government company or any authority or corporation established or constituted by or under any Central Act, as may be notified by the Central Government: Provided that until a Government company or authority or corporation referred to in this sub-section is notified by the Central Government, the Central Transmission Utility shall operate the Regional Load Despatch Centre: Provided further that no Regional Load Despatch Centre shall engage in the business of generation of electricity or trading in electricity. The State Commission shall facilitate and promote transmission,
wheeling and inter-connection arrangements within its territorial jurisdiction for the transmission and
supply of electricity by economical and efficient utilisation of the electricity.
(1) Every licensee shall, on an order made
under section 35, provide his intervening transmission facilities at rates, charges and terms and conditions
as may be mutually agreed upon:
Provided that the Appropriate Commission may specify rates, charges and terms and conditions if these cannot be mutually agreed upon by the licensees. (2) The rates, charges and terms and conditions referred to in sub-section (1) shall be fair and reasonable, and may be allocated in proportion to the use of such facilities. Explanation.--For the purposes of sections 35 and 36, the expression "intervening transmission facilities" means the electric lines owned or operated by a licensee where such electric lines can be utilised for transmitting electricity for and on behalf of another licensee at his request and on payment of a tariff or charge. (1) The Central Government may notify any
Government company as the Central Transmission Utility:
Provided that the Central Transmission Utility shall not engage in the business of generation of electricity or trading in electricity: Provided further that the Central Government may transfer, and vest any property, interest in property, rights and liabilities connected with, and personnel involved in transmission of electricity of such Central Transmission Utility, to a company or companies to be incorporated under the Companies Act, 1956 (1 of 1956) to function as a transmission licensee, through a transfer scheme to be effected in the manner specified under Part XIII and such company or companies shall be deemed to be transmission licensees under this Act. (2) The functions of the Central Transmission Utility shall be-- (a) to undertake transmission of electricity through inter-State transmission system; (b) to discharge all functions of planning and co-ordination relating to inter-State transmission system with-- (i) State Transmission Utilities; (ii) Central Government; (iii) State Governments; (iv) generating companies; (v) Regional Power Committees; (vi) Authority; (vii) licensees; (viii) any other person notified by the Central Government in this behalf; (c) to ensure development of an efficient, co-ordinated and economical system of inter-State transmission lines for smooth flow of electricity from generating stations to the load centres; (d) to provide non-discriminatory open access to its transmission system for use by-- (i) any licensee or generating company on payment of the transmission charges; or (ii) any consumer as and when such open access is provided by the State Commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the Central Commission: Provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy: Provided further that such surcharge and cross subsidies shall be progressively reduced 1 *** in the manner as may be specified by the Central Commission: 2 * * * * * Provided also that the manner of payment and utilisation of the surcharge shall be specified by the Central Commission: Provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use.
1. The words "and eliminated" omitted by Act 26 of 2007, s. 4 (w.e.f. 15-6-2007).
2. The third proviso omitted by s. 4, ibid. (w.e.f. 15-6-2007) | ||||||||||||||||
Related Section(s)The
Central Government may by rules made under this Act exempt any person or any class of persons from the provisions of this Act either generally or subject to prescribed conditions, or in respect of specified wireless
telegraphy apparatus.
(1) The Central Government may, by
notification in the Official Gazette, make rules1
for the purpose of carrying into effect the provisions
of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (i) determining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this Act; (ii) the exemption of persons or classes of persons under section 4 from the provisions of this Act; (iii) the manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses; (iv) the maintenance of records containing details of the acquisition and disposal by sale or otherwise of wireless telegraphy apparatus possessed by dealers in wireless telegraphy apparatus; (v) the conditions governing the sale of wireless telegraphy apparatus b y dealers in the manufacturers of such apparatus. 2*** 3* * * * * (3) In making a rule under this section the Central Government may direct that a breach of it shall be punishable with fine which may extend to one hundred rupees. 4[(4) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. For the Indian Wireless Telegraphy (Possession) Rules, 1938, made under this section, see Gazette of India, 1933, Pt. I, p. 1131.
2. The word "and" rep. by Act 32 of 1940, s. 2 and Schedule I. 3. Clause (vi) rep.by s. 2 and Schedule I, ibid. 4. Ins. by Act 15 of 1961, s. 5. 5. Subs. by Act 4 of 1986, s. 2 and Schedule, for certain words (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s)(1) The Chief Commissioner shall---
(a) identify, suo motu or otherwise, the provisions of any law or policy, programme and procedures, which are inconsistent with this Act and recommend necessary corrective steps; (b) inquire, suo motu or otherwise, deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the Central Government is the appropriate Government and take up the matter with appropriate authorities for corrective action; (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation; (f) undertake and promote research in the field of the rights of persons with disabilities; (g) promote awareness of the rights of persons with disabilities and the safeguards available for their protection; (h) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; (i) monitor utilisation of funds disbursed by the Central Government for the benefit of persons with disabilities; and (j) perform such other functions as the Central Government may assign. (2) The Chief Commissioner shall consult the Commissioners on any matter while discharging its functions under this Act. (1) Any person with
benchmark disability, who considers himself to be in need of high support, or any person or organisation
on his or her behalf, may apply to an authority, to be notified by the appropriate Government, requesting
to provide high support.
(2) On receipt of an application under sub-section (1), the authority shall refer it to an Assessment Board consisting of such Members as may be prescribed by the Central Government. (3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the Central Government, and shall send a report to the authority certifying the need of high support and its nature. (4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate Government in this behalf. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rule for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings of the Board every year; (d) the pay, allowances and other conditions of service of the 1[Deputy Chairman, Secretary] and other officers appointed by the Central Government; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (g) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates shall be sanctioned; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure and the re-appropriation of estimated savings in any budget head to another such head; (i) the conditions subject to which the Board may incur expenditure; (j) the conditions subject to which the Board may borrow; 2[(ja) the amounts for the purposes of the provision to section 28A;] (k) the form and the manner in which accounts should be kept by the Board; (l) the basis on which the export quota of a tea estate or a sub-division of a tea estate shall be determined; (m) the conditions subject to which export quota, export licences and special export licences shall be transferable; (n) the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted; (o) the collection of any information or statistics in respect of the tea industry and the tea trade; (p) the fees to be levied in respect of licences, permits and permissions issued under this Act; (q) the procedure for the grant or issue of licences, permits and permissions under this Act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances; (r) the form of application for licences, permits or permissions under this Act; (s) the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this Act and the levy of fees in respect of such licence; (t) the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this Act including in particular the previous consultation with the Central Government by the Board in regard to the grant or issue of any such licences, permits or permissions; (u) the conditions which may be included in any licences, permits or permissions; (v) the returns to be furnished by owners of tea estates, or sub-divisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished; (w) the fees to be charged for granting certified copies of accounts of quotas; (x) any other fee that may be necessary for the Board to levy in order to determine or redetermine the basis on which export quota may be fixed; 3[(xa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 42A; (xb) the form and manner of preferring appeal under sub-section (2) of Section 42A]; (y) any other matter which is to be or may be prescribed. 4[(3) Every rule 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 5[in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid] both houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 32 of 1977, s. 3, for "Secretary" (w.e.f. 12-8-1977).
2. Ins. by Act 24 of 1986, s. 4 (w.e.f. 15-8-1986). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 9-8-2024). 4. Subs. by Act 22 of 1970, s. 4, for sub-section (3) (w.e.f. 23-5-1970). 5. Subs. by Act 32 of 1977, s. 3, for " in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following," (w.e.f. 12-8-1977). | ||||||||||||||||
Related Section(s)1
[3A. Electronic signature.--(1) Notwithstanding anything contained in section 3, but subject to the
provisions of sub-section (2), a subscriber may authenticate any electronic record by such electronic
signature or electronic authentication technique which--
(a) is considered reliable; and (b) may be specified in the Second Schedule. (2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if-- (a) the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or, as the case may be, the authenticator and to no other person; (b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person; (c) any alteration to the electronic signature made after affixing such signature is detectable; (d) any alteration to the information made after its authentication by electronic signature is detectable; and (e) it fulfils such other conditions which may be prescribed. (3) The Central Government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated. (4) The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the Second Schedule: Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable. (5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.]
1. Ins. by s. 6, ibid. (w.e.f. 27-10-2009).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) This Act may be called the Prasar Bharati
(Broadcasting Corporation of India) Act, 1990.
(2) It extends to the whole of India. (3) It shall come into force on such date 1 as the Central Government may, by notification, appoint.
1 15th September, 1997, vide notification No. S.O. 509(E), dated 22nd July, 1997, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
1
[(1) The
Chairman shall be Part-time Member and shall hold office for a term of three years from the date on
which he enters upon his office or until he attains the age of seventy years, whichever is earlier:
Provided that any person holding office as a Chairman immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008) shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Chairman and shall not be entitled to any compensation because of his ceasing to hold such office.] (2) 1 *** the Member (Finance) and the Member (Personnel) shall be Whole-time Members and every such Member shall hold office for a term of six years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier. 2 [(2A) The Executive Member shall be a Whole-time Member and shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier: Provided that any person holding office as an Executive Member immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008), shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Executive Member and shall not be entitled to any compensation because of his ceasing to hold such office.] (3) The term of office of Part-time Members shall be six years, but one-third of such Members shall retire on the expiration of every second year. (4) The term of office of an elected Member shall be two years or till he ceases to be an employee of the Corporation, whichever is earlier. (5) As soon as may be after the establishment of the Corporation, the President of India may, by order, make such provision as he thinks fit for curtailing the term of office of some of the Part-time Members then appointed in order that one-third of the Members holding office as such Part-time Members shall retire in every second year thereafter. (6) Where before the expiry of the term of office of a person holding the office of Chairman, or any other Member, a vacancy arises, for any reason whatsoever, such vacancy shall be deemed to be a casual vacancy and the person appointed or elected to fill such vacancy shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen. (7) The Whole-time Members shall be the employees of the Corporation and as such shall be entitled to such salaries and allowances and shall be subject to such conditions of service in respect of leave, pension (if any), provident fund and other matters as may be prescribed: Provided that the salaries and allowances and the conditions of service shall not be varied to their disadvantage after their appointment. (8) The Chairman and Part-time Members shall be entitled to such allowances as may be prescribed.
1 Subs. by Act 12 of 2008, s.2,for sub-section (1) (w.e.f .7-2-2008).
2 Ins. by s. 2, ibid. (w.e.f. 7-2-2008). (1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salaries and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the Whole-time Members under sub-section (7) of section 6; (b) the allowances payable to the Chairman and Part-time Members under sub-section (8) of section 6; (c) the control, restrictions and conditions subject to which the Corporation may appoint officers and other employees under sub-section (1) of section 9; (d) the manner in which and the conditions and restrictions subject to which a Recruitment Board may be established under sub-section (1) of section 10; (e) the qualifications and other conditions of service of the members of a Recruitment Board and their period of office under sub-section (2) of section 10; 1[(f) the terms and conditions of service in the Corporation of officers and employees under sub-section (2) of section 11A; (ff) the manner and the terms and conditions subject to which matters relating to the posts borne on the strength of the cadres of the Indian Information Service, the Central Secretariat Service or any other cadre outside Akashvani or Doordarshan shall be determined under sub-section (2) of section 11B;] (g) the salary and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the President of the Broadcasting Council under sub-section (5) of section 14; (h) the allowances payable to other members of the Broadcasting Council and the members of the Regional Councils, under sub-section (6) of section 14; (i) the manner in which the Corporation may invest its moneys under section 19; (j) the form and the manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 21; (k) the form in which, and the time within which the Corporation and the Broadcasting Council shall prepare their annual report under section 31; (l) any other matter which is required to be, or may be, prescribed.
1 Subs. by Act 6 of 2012, s. 3, for clause (f) (w.e.f. 8-3-2012).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) An application by a person, referred to in section 11
for grant of certificate or giving prior permission, shall be made to the Central Government in such form
and manner and along with such fee, as may be prescribed.
2[(1A) Every person who makes an application under sub-section (1) shall be required to open "FCRA Account" in the manner specified in section 17 and mention details of such account in his application.] (2) On receipt of an application under sub-section (1), the Central Government shall, by an order, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application. (3) If on receipt of an application for grant of certificate or giving prior permission and after making such inquiry as the Central Government deems fit, it is of the opinion that the conditions specified in sub-section (4) are satisfied, it may, ordinarily within ninety days from the date of receipt of application under sub-section (1), register such person and grant him a certificate or give him prior permission, as the case may be, subject to such terms and conditions as may be prescribed: Provided that in case the Central Government does not grant, within the said period of ninety days, a certificate or give prior permission, it shall communicate the reasons therefor to the applicant: Provided further that a person shall not be eligible for grant of certificate or giving prior permission, if his certificate has been suspended and such suspension of certificate continues on the date of making application. (4) The following shall be the conditions for the purposes of sub-section (3), namely: (a) the person making an application for registration or grant of prior permission under sub-section (1), (i) is not fictitious or benami; (ii) has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another; (iii) has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country; (iv) has not been found guilty of diversion or mis-utilisation of its funds; (v) is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends; (vi) is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes; (vii) has not contravened any of the provisions of this Act; (viii) has not been prohibited from accepting foreign contribution; (b) the person making an application for registration under sub-section (1) has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilised; (c) the person making an application for giving prior permission under sub-section (1) has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised; (d) in case the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence pending against him; (e) in case the person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him; (f) the acceptance of foreign contribution by the person referred to in sub-section (1) is not likely to affect prejudicially (i) the sovereignty and integrity of India; or (ii) the security, strategic, scientific or economic interest of the State; or (iii) the public interest; or (iv) freedom or fairness of election to any Legislature; or (v) friendly relation with any foreign State; or (vi) harmony between religious, racial, social, linguistic, regional groups, castes or communities; (g) the acceptance of foreign contribution referred to in sub-section (1),-- (i) shall not lead to incitement of an offence; (ii) shall not endanger the life or physical safety of any person. (5) Where the Central Government refuses the grant of certificate or does not give prior permission, it shall record in its order the reasons therefor and furnish a copy thereof to the applicant: Provided that the Central Government may not communicate the reasons for refusal for grant of certificate or for not giving prior permission to the applicant under this section in cases where there is no obligation to give any information or documents or records or papers under the Right to Information Act, 2005 (22 of 2005). (6) The certificate granted under sub-section (3) shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution proposed to be received, as the case may be.
1. Ins. by s. 6, ibid. (w.e.f. 29-9-2020).
If any
gazetted officer, authorised in this behalf by the Central Government by general or special order, has any
reason to believe that any person has in his possession or control any article exceeding the value specified
in sub-clause (i) of clause (h) of sub-section (1) of section 2 or currency or security whether Indian or
foreign, in relation to which any provision of this Act has been or is being, contravened, he may seize
such article or currency or security.
(1) Every person who has been granted a certificate under section 12
shall have such certificate renewed within six months before the expiry of the period of the certificate.
1[Provided that the Central Government may, before renewing the certificate, make such inquiry, as it deems fit, to satisfy itself that such person has fulfilled all conditions specified in sub-section (4) of section 12.] (2) The application for renewal of the certificate shall be made to the Central Government in such form and manner and accompanied by such fee as may be prescribed. (3) The Central Government shall renew the certificate, ordinarily within ninety days from the date of receipt of application for renewal of certificate subject to such terms and conditions as it may deem fit and grant a certificate of renewal for a period of five years: Provided that in case the Central Government does not renew the certificate within the said period of ninety days, it shall communicate the reasons therefor to the applicant: Provided further that the Central Government may refuse to renew the certificate in case where a person has violated any of the provisions of this Act or rules made thereunder.
1. The proviso ins. by s. 11, ibid. (w.e.f 29-9-2020).
(1) In this Act, unless the context otherwise requires,--
(a) "association" means an association of individuals, whether incorporated or not, having an office in India and includes a society, whether registered under the Societies Registration Act, 1860 (21 of 1860), or not, and any other organisation, by whatever name called; (b) "authorised person in foreign exchange" means an authorised person referred to in clause (c) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999); (c) "bank" means a banking company as referred to in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); (d) "candidate for election" means a person who has been duly nominated as a candidate for election to any Legislature; (e) "certificate" means certificate of registration granted under sub-section (3) of section 12; (f) "company" shall have the meaning assigned to it under clause (17) of section 2 of the Income-tax Act, 1961 (43 of 1961); (g) "foreign company" means any company or association or body of individuals incorporated outside India and includes-- (i) a foreign company within the meaning of section 591 of the Companies Act, 1956 (1 of 1956); (ii) a company which is a subsidiary of a foreign company; (iii) the registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause (ii); (iv) a multi-national corporation. Explanation. "For the purposes of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation," (a) has a subsidiary or a branch or a place of business in two or more countries or territories; or (b) carries on business, or otherwise operates, in two or more countries or territories; (h) "foreign contribution" means the donation, delivery or transfer made by any foreign source, (i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article, on the date of such gift, is not more than such sum as may be specified from time to time, by the Central Government by the rules made by it in this behalf; (ii) of any currency, whether Indian or foreign; (iii) of any security as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and includes any foreign security as defined in clause (o) of section 2 of` the Foreign Exchange Management Act, 1999 (42 of 1999). Explanation 1.--A donation, delivery or transfer of any article, currency or foreign security referred to in this clause by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be foreign contribution within the meaning of this clause. Explanation 2.--The interest accrued on the foreign contribution deposited in any bank referred to in sub-section (1) of section 17 or any other income derived from the foreign contribution or interest thereon shall also be deemed to be foreign contribution within the meaning of this clause. Explanation 3.--Any amount received, by any person from any foreign source in India, by way of fee (including fees charged by an educational institution in India from foreign student) or towards cost in lieu of goods or services rendered by such person in the ordinary course of his business, trade or commerce whether within India or outside India or any contribution received from an agent of a foreign source towards such fee or cost shall be excluded from the definition of foreign contribution within the meaning of this clause; (i) "foreign hospitality" means any offer, not being a purely casual one, made in cash or kind by a foreign source for providing a person with the costs of travel to any foreign country or territory or with free boarding, lodging, transport or medical treatment; (j) "foreign source" includes,-- (i) the Government of any foreign country or territory and any agency of such Government; (ii) any international agency, not being the United Nations or any of its specialised agencies, the World Bank, International Monetary Fund or such other agency as the Central Government may, by notification, specify in this behalf; (iii) a foreign company; (iv) a corporation, not being a foreign company, incorporated in a foreign country or territory; (v) a multi-national corporation referred to in sub-clause (iv) of clause (g); (vi) a company within the meaning of the Companies Act, 1956 (1 of 1956), and more than one-half of the nominal value of its share capital is held, either singly or in the aggregate, by one or more of the following, namely:-- (A) the Government of a foreign country or territory; (B) the citizens of a foreign country or territory; (C) corporations incorporated in a foreign country or territory; (D) trusts, societies or other associations of individuals (whether incorporated or not), formed or registered in a foreign country or territory; (E) foreign company; 1[Provided that where the nominal value of share capital is within the limits specified for foreign investment under the Foreign Exchange Management Act, 1999 (42 of 1999), or the rules or regulations made thereunder, then, notwithstanding the nominal value of share capital of a company being more than one-half of such value at the time of making the contribution, such company shall not be a foreign source;] (vii) a trade union in any foreign country or territory, whether or not registered in such foreign country or territory; (viii) a foreign trust or a foreign foundation, by whatever name called, or such trust or foundation mainly financed by a foreign country or territory; (ix) a society, club or other association of individuals formed or registered outside India; (x) a citizen of a foreign country; (k) "Legislature" means-- (A) either House of Parliament; (B) the Legislative Assembly of a State, or in the case of a State having a Legislative Council, either House of the Legislature of that State; (C) Legislative Assembly of a Union territory constituted under the Government of Union Territories Act, 1963 (20 of 1963); (D) Legislative Assembly for the National Capital Territory of Delhi referred to in the Government of National Capital Territory of Delhi Act, 1991 (1 of 1992); (E) Municipality as defined in clause (e) of article 243P of the Constitution; (F) District Councils and Regional Councils in the States of Assam, Meghalaya, Tripura and Mizoram as provided in the Sixth Schedule to the Constitution; (G) Panchayat as defined in clause (d) of article 243 of the Constitution; or (H) any other elective body as may be notified by the Central Government; (l) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (m) "person" includes-- (i) an individual; (ii) a Hindu undivided family; (iii) an association; (iv) a company registered under section 25 of the Companies Act, 1956 (1 of 1956); (n) "political party" means-- (i) an association or body of individual citizens of India-- (A) to be registered with the Election Commission of India as a political party under section 29A of the Representation of the People Act, 1951 (43 of 1951); or (B) which has set up candidates for election to any Legislature, but is not so registered or deemed to be registered under the Election Symbols (Reservation and Allotment) Order, 1968; (ii) a political party mentioned in column 2 of Table 1 and Table 2 to the notification of the Election Commission of India No. 56/J&K/02, dated the 8th August, 2002, as in force for the time being; (o) "prescribed" means prescribed by rules made under this Act; (p) "prescribed authority" means an authority specified as such by rules made by the Central Government under this Act; (q) "registered newspaper" means a newspaper registered under the Press and Registration of Books Act, 1867 (25 of 1867); (r) "relative" has the meaning assigned to it in clause (41) of section 2 of the Companies Act, 1956 (1 of 1956); (s) "scheduled bank" shall have the meaning assigned to it under clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (t) "subsidiary" and "associate" shall have the meanings, respectively assigned to them in the Companies Act, 1956 (1 of 1956); (u) "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926); (2) Words and expressions used herein and not defined in this Act but defined in the Representation of the People Act, 1950 (43 of 1950) or the Representation of the People Act, 1951 (43 of 1951) or the Foreign Exchange Management Act, 1999 (42 of 1999) shall have the meanings respectively assigned to them in those Acts.
1. Ins. by Act 28 of 2016, s. 236 (w.r.e.f. 5-8-1976 vide the Act 13 of 2018, s. 220)
The Central Government may—
(a) prohibit any person or organisation not specified in section 3, from accepting any foreign contribution; (b) require any person or class of persons, not specified in section 6, to obtain prior permission of the Central Government before accepting any foreign hospitality; (c) require any person or class of persons not specified in section 11, to furnish intimation within such time and in such manner as may be prescribed as to the amount of any foreign contribution received by such person or class of persons as the case may be, and the source from which and the manner in which such contribution was received and the purpose for which and the manner in which such foreign contribution was utilised; (d) without prejudice to the provisions of sub-section (1) of section 11, require any person or class of persons specified in that sub-section to obtain prior permission of the Central Government before accepting any foreign contribution; (e) require any person or class of persons, not specified in section 6, to furnish intimation, within such time and in such manner as may be prescribed, as to the receipt of any foreign hospitality, the source from which and the manner in which such hospitality was received: Provided that no such prohibition or requirement shall be made unless the Central Government is satisfied that the acceptance of foreign contribution by such person or class of persons, as the case may be, or the acceptance of foreign hospitality by such person, is likely to affect prejudicially— (i) the sovereignty and integrity of India; or (ii) public interest; or (iii) freedom or fairness of election to any Legislature; or (iv) friendly relations with any foreign State; or (v) harmony between religious, racial, social, linguistic or regional groups, castes or communities. (1) Save as otherwise provided in
this Act, no person having a definite cultural, economic, educational, religious or social programme shall
accept foreign contribution unless such person obtains a certificate of registration from the Central
Government:
Provided that any association registered with the Central Government under section 6 or granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976), as it stood immediately before the commencement of this Act, shall be deemed to have been registered or granted prior permission, as the case may be, under this Act and such registration shall be valid for a period of five years from the date on which this section comes into force. (2) Every person referred to in sub-section (1) may, if it is not registered with the Central Government under that sub-section, accept any foreign contribution only after obtaining the prior permission of the Central Government and such prior permission shall be valid for the specific purpose for which it is obtained and from the specific source: 1[Provided that the Central Government, on the basis of any information or report, and after holding a summary inquiry, has reason to believe that a person who has been granted prior permission has contravened any of the provisions of this Act, it may, pending any further inquiry, direct that such person shall not utilise the unutilised foreign contribution or receive the remaining portion of foreign contribution which has not been received or, as the case may be, any additional foreign contribution, without prior approval of the Central Government: Provided further that if the person referred to in sub-section (1) or in this sub-section has been found guilty] of violation of any of the provisions of this Act or the Foreign Contribution (Regulation) Act, 1976 (49 of 1976), the unutilised or unreceived amount of foreign contribution shall not be utilised or received, as the case may be, without the prior approval of the Central Government. (3) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, specify (i) the person or class of persons who shall obtain its prior permission before accepting the foreign contribution; or (ii) the area or areas in which the foreign contribution shall be accepted and utilised with the prior permission of the Central Government; or (iii) the purpose or purposes for which the foreign contribution shall be utilised with the prior permission of the Central Government; or/ (iv) the source or sources from which the foreign contribution shall be accepted with the prior permission of the Central Government.
1. Subs. by Act 33 of 2020, s. 5, for certain words (w.e.f. 29-9-2020).
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Related Section(s)(1) The Central Government may,
from time to time, by notification in the Official Gazette, make rules1
consistent with this Act for
for the conduct of all or any telegraphs established, maintained or worked by the Government or
by persons licensed under this Act.
(2) Rules under this section may provide for all or any of the following, among other matters, that is to say:-- (a) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2[within India;] (b) the precautions to be taken for preventing the improper interception or disclosure of messages; (c) the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved; and (d) the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer; 3[(e) the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected; 4[(ee) the charges in respect of any application for providing any telegraph line, appliance or apparatus;] 5[(eea) the manner in which the fund may be administered; (eeb) the criteria based on which sums may be released;] (f) the charges in respect of-- (i) the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus; (ii) the services of operators operating such line, appliance or apparatus; (g) the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section; (h) the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this sub-section shall be paid and the furnishing of security for the payment of such rates, charges and fees; (i) the payment of compensation to the Central Government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person-- (a) where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or (b) where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person; (j) the principles according to which and the authority by whom the compensation referred to in clause (i) shall be assessed; 6[(jj) the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations;] (k) any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this Act.] (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Central Government may by the rules prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:-- (i) when the person licensed under this Act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues; (ii) when a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7[(4) Nothing in this section or in any rules made hereunder shall be construed as-- (a) precluding the Central Government from entering into an agreement with a person for the establishment, maintenance and working by that Government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or (b) subjecting the Central Government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 8[(5) Every rule made under this section 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 9 [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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]]
1. See the Indian Telegraph Rules, 1951, Gazette of India, 1951, Pt. 11, sec. 3, p. 1708.
2. Ins. by Act 33 of 1971, s. 3. 3. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1 -7-1959). 4. Ins. by Act 48 of 1974, s. 2 (w.e.f. 1-6-1975). 5. Ins. by Act 8 of 2004, s. 4 (w.e.f. 1-4-2002). 6. Ins. by Act 15 of 1961, s. 3. 7. Ins. by Act 47 of 1957, s. 2 (w.e.f. 1-7-1959). 8. Subs. by Act 15 of 1961, s. 3, for sub-section (5). 9. Subs. by Act 48 of 1974, s. 2, for certain words (w.e.f. 1-6-1975). 1[(1)]
Within 2[India], the Central Government shall have the exclusive privilege of establishing,
maintaining and working telegraphs:
Provided that the Central Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2[India]: 3[Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working-- (a) of wireless telegraphs on ships within Indian territorial waters 4[and on aircraft within or above 2[India], or Indian territoral waters], and (b) of telegraphs other than wireless telegraphs within any part of 2[India].] 5[Explanation.-- The payments made for the grant of a licence under this subsection shall include such sum attributable to the Universal Service Obligation as may be determined by the Central Government after considering the recommendation made in this behalf by the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997).] 1[(2) The Central Government may, by notification in the Official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Central Government may, by the notification, think fit to impose.] 6[(3) Any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India, shall identify any person to whom it provides its services by-- (a) authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (b) offline verification under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016); or (c) use of passport issued under section 4 of the PassportsAct, 1967 (15 of 1967); or (d) use of any other officially valid document or modes of identification as may be notified by the Central Government in thisbehalf. (4) If any person who is granted a license under the first proviso to sub-section (1) to establish, maintain or work a telegraph within any part of India is using authentication under clause (a) of sub-section (3) to identify any person to whom it provides its services, it shall make the other modes of identification under clauses (b) to (d) of sub-section (3) also available to such person. (5) The use of modes of identification under sub-section (3) shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an Aadhaar number. (6) If, for identification of a person, authentication under clause (a) of sub-section (3) is used, neither his core biometric information northeAadhaar number of the person shall be stored. (7) Nothing contained in sub-sections (3), (4) and (5) shall prevent the Central Government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to sub-section (1) in respect of identification of person to whom it provides its services. Explanation.-- The expressions "Aadhaar number" and "core biometric information" shall have the same meanings as are respectively assigned to them in clauses (a) and (j) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (18 of 2016).]
1. Section 4 renumbered as sub-section (1) by Act 7 of 1914, s. 4.
2. Subs. by Act 45 of 1948, s. 3, for "he Provinces". 3. Ins. by Act 7 of 1914, s. 4. 4. Ins. by Act 27 of 1930, s. 2. 5. Ins. by Act 8 of 2004, s. 3 (w.e.f. 1-4-2002). 6. Ins. by Act 14 of 2019, s. 26 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed.
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024).
(1) The Central Government may, by notification in
the Official Gazette, make rules in respect of all or any of the matters referred to in section 3.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. (1) Subject to the provisions of this Act, the Central Government shall have the power to
take all such measures as it deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:-- (i) co-ordination of actions by the State Governments, officers and other authorities-- (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)The Central Government may make rules for the
provisions in relation to winding up and dissolution of limited liability partnerships.
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2; (aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2; (ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;] (b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7; (c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7; (d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11; (e) the form of statement to be filed under clause (c) of sub-section (1) of section 11; (f) the form of incorporation document under clause (a) of sub-section (2) of section 11; (g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11; (h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13; (i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13; (j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16; (k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16; 1[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17;] (l) the manner in which an application may be made by an entity under sub-section (1) of section 18; (m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19; (n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23; (o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25; (p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32; (q) the books of account and the period of their maintenance under sub-section (1) of section 34; (r) the form of Statement of Account and Solvency under sub-section (2) of section 34; (s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34; (t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34; 2[(ta) the standards of accounting and auditing under section 34A;] (u) the form and manner of annual return and fee payable under sub-section (1) of section 35; (v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and annual return under section 36; (w) the destruction of documents by Registrar in any form under section 40; (x) the amount required as security under clause (a) of sub-section (3) of section 43; (y) the amount of security to be given under section 44; (z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49; (za) the manner of authentication of report of inspector under section 54; (zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58; (zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59; (zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60; (ze) in relation to winding up and dissolution of limited liability partnerships under section 65; (zf) the manner and conditions for filing document electronically under sub-section (1) of section 68; 1[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;; (zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;; (zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; 1[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A; (zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A;] (zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule; (zi) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Second Schedule; (zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Fourth Schedule; 3*** (zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule. 2[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] (3) Every rule made under this Act by the Central Government 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 rule, or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Subs. by s. 27, ibid., for clause (a) (w.e.f. 1-4-2022).
2. Ins. by Act 31 of 2021, s. 27 (w.e.f. 1-4-2022).
3. The word and omitted by s. 27, ibid., (w.e.f 1-4-2022).
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Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--
1* * * * * 2[(b) the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular;] (c) the non-accrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner; (d) the persons to whom and the manner in which deposits may be paid; (e) the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations; (f) the variation or cancellation of nominations; 3[(g) the fees that may be levied for discharge of any services under this Act;] (h) the manner in which any person may be appointed for the purpose of subsection (3) of section 4; 4[(i) the limit and procedure under clause (a) of sub-section (4) of section 4A; (j) the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology; (k) benchmark for interest rates on deposits with a view to ensure financial sustainability of Savings Schemes; (l) amount to be excluded in computing the court fee chargeable under the Court-fees Act, 1870 (7 of 1870) for the purpose of section 8 of the Act; (m) mechanism for redressal of grievances and settlement of disputes; (n) any other matter which is required to be or may be, prescribed.] (3) Every rule made under this section 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 5[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Clause (a) omitted by s. 133, ibid. (w.e.f. 1-4-2018).
2. Subs. by s. 133, ibid., for clause (b) (w.e.f. 1-4-2018). 3. Subs. by Act 13 of 2018, s. 133, for clause (g) (w.e.f. 1-4-2018). 4. Subs. by s. 133, ibid., for clause (i) (w.e.f. 1-4-2018). 5. Subs. by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1
[36A. Power to make rules retrospectively.--The power to make rules under clause (c) of
sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any
of them retrospectively from a date not earlier than the date on which this Act received the assent of the
President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the
interests of any person to whom such rule may be applicable].
1 Ins. by Act 51 of 1987, s. 6 (w.e.f. 22-12-1987)
(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s)1
[44. Declaration of assets.—On and from the date of commencement of this Act, every public
servant shall make a declaration of his assets and liabilities in such form and manner as may be
prescribed.]
1 Subs. by Act 37 of 2016, s. 2, for section 44 (w.e.f. 16-1-2014).
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Related Section(s)(1) The Central Government may, subject to
the condition of previous publication, make rules or carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the constitution of the Board, the number of persons to be appointed as members from each of the categories specified in sub-section (3) of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the Board; (b) the circumstances in which, and the authority by which, members may be removed; (c) the holding of a minimum number of meetings every year; (d) the pay and allowances and other conditions of service of the secretary; (e) the maintenance of records of all business transacted at meetings of the Board and the submission of copies of such records to the Central Government; (f) the preparation of budget estimate of the receipts and expenditure of the Board and the authority by which such estimates should be sanctioned; (g) the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the Board; (h) the powers of the Board and the Executive Committee and the Chairman, in regard to the incurring of expenditure; and the re-appropriation of estimated savings in any budget heard to another such head; (i) the conditions subject to which the Board may borrow; (j) the form and the manner in which accounts should be kept by the Board; (k) the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration; the grant or issue of licences under this Act; the fees to be levied in respect of such registration and licences; and the suspension and cancellation of such registration and licences; (l) the form of applications for registration and licences under this Act and the fee, if any, to be paid in respect of any such applications; (m) the collection of any information or statistics in respect of the coir industry; (n) any other matter which is to be or may be prescribed. 1[(3) Every rule made by the Central Government under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 25 of 1964, s. 7, for sub-section (3) (w.e.f. 16-6-1964).
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for the words "before the expiry of the session in which it is so laid or the successive sessions aforesaid" (w.e.f. 15-5-1986). (1) This Act may be called the Coir Industry
Act, 1953.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 . 9th February, 1954, vide notification No. S.R.O. 470, dated 9th February, 1954, see Gazette of India, Extraordinary Part I,
s. 3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
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Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)In this Act, unless the context otherwise requires,—
(a) “affected area” means an area or part of the country affected by a disaster;
(b) “capacity-building” includes—
(i) identification of existing resources and resources to be acquired or created;
(ii) acquiring or creating resources identified under sub-clause (i);
(iii) organisation and training of personnel and coordination of such training for effective management of disasters;
(c) “Central Government” means the Ministry or Department of the Government of India having administrative control of disaster management;
(d) “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area;
(e) “disaster management” means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for—
(i) prevention of danger or threat of any disaster;
(ii) mitigation or reduction of risk of any disaster or its severity or consequences;
(iii) capacity-building;
(iv) preparedness to deal with any disaster;
(v) prompt response to any threatening disaster situation or disaster;
(vi) assessing the severity or magnitude of effects of any disaster;
(vii) evacuation, rescue and relief;
(viii) rehabilitation and reconstruction;
(f) “District Authority” means the District Disaster Management Authority constituted under sub- section (1) of section 25;
(g) “District Plan” means the plan for disaster management for the district prepared under section
31;
(h) “local authority” includes panchayati raj institutions, municipalities, a district board,
cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civic services, within a specified local area;
(i) “mitigation” means measures aimed at reducing the risk, impact or effects of a disaster or threatening disaster situation;
(j) “National Authority” means the National Disaster Management Authority established under sub-section (1) of section 3;
(k) “National Executive Committee” means the Executive Committee of the National Authority constituted under sub-section (1) of section 8;
(l) “National Plan” means the plan for disaster management for the whole of the country prepared under section 11;
(m) “preparedness” means the state of readiness to deal with a threatening disaster situation or disaster and the effects thereof;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “reconstruction” means construction or restoration of any property after a disaster;
(p) “resources” includes manpower, services, materials and provisions;
(q) “State Authority” means the State Disaster Management Authority established under sub- section (1) of section 14 and includes the Disaster Management Authority for the Union territory constituted under that section;
(r) “State Executive Committee” means the Executive Committee of a State Authority constituted under sub-section (1) of section 20;
(s) “State Government” means the Department of Government of the State having administrative control of disaster management and includes Administrator of the Union territory appointed by the President under article 239 of the Constitution;
(t) “State Plan” means the plan for disaster management for the whole of the State prepared under section 23.
1. 28th July, 2006 (ss. 2, 3, 4, 5, 6, 8, 10, 75, 77, 79), vide notification No. S.O. 1216(E), dated 28th July, 2006;
*1st August, 2007 ss. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 38, 39, 40, 41, 48,
51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, sub-sec. (2) of s. 70, 71, 72, 73, 74, 78, 79, vide
notification No. S.O. 722(E), dated 7th May, 2007;
*17th March, 2008 (ss. 44, 45), vide notification No. 517(E), dated 17th March, 2008;
*18th October, 2011 (s. 46), vide notification No. S.O. 2397(E), dated 18th October, 2011, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
*5th February, 2021, sub-sec. (1) of s. 47, vide notification No. S.O. 564(E), dated 5th February, 2021, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
(1) This Act may be called the Disaster Management Act, 2005.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette appoint; and different dates* may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be established for the purposes of this Act, an authority to be known as the National Disaster Management Authority.
(2) The National Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the Central Government and, unless the rules otherwise provide, the National Authority shall consist of the following:—
(a) the Prime Minister of India, who shall be the Chairperson of the National Authority,
ex officio;
(b) other members, not exceeding nine, to be nominated by the Chairperson of the National Authority.
(3) The Chairperson of the National Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the National Authority.
(4) The term of office and conditions of service of members of the National Authority shall be such as may be prescribed.
(1) The National Authority shall meet as and when necessary and at such time and place as the Chairperson of the National Authority may think fit.
(2) The Chairperson of the National Authority shall preside over the meetings of the National Authority.
(3) If for any reason the Chairperson of the National Authority is unable to attend any meeting of the National Authority, the Vice-Chairperson of the National Authority shall preside over the meeting.
The Central Government shall provide the National Authority with such officers, consultants and employees, as it considers necessary for carrying out the functions of the National Authority.
(1) There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan.
(2) The National Plan shall be prepared by the National Executive Committee having regard to the National Policy and in consultation with the State Governments and expert bodies or organisations in the field of disaster management to be approved by the National Authority.
(3) The National Plan shall include—
(a) measures to be taken for the prevention of disasters, or the mitigation of their effects;
(b) measures to be taken for the integration of mitigation measures in the development plans;
(c) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disaster;
(d) roles and responsibilities of different Ministries or Departments of the Government of India in respect of measures specified in clauses (a), (b) and (c).
(4) The National Plan shall be reviewed and updated annually.
(5) Appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan.
(6) Copies of the National Plan referred to in sub-sections (2) and (4) shall be made available to the Ministries or Departments of the Government of India and such Ministries or Departments shall draw up their own plans in accordance with the National Plan.
The National Authority may, in cases of disasters of severe magnitude, recommend relief in repayment of loans or for grant of fresh loans to the persons affected by disaster on such concessional terms as may be appropriate.
1) Every State Government shall, as soon as may be after the issue of the notification under sub-section (1) of section 3, by notification in the Official Gazette, establish a State Disaster Management Authority for the State with such name as may be specified in the notification of the State Government.
(2) A State Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide, the State Authority shall consist of the following members, namely:—
(a) the Chief Minister of the State, who shall be Chairperson, ex officio;
(b) other members, not exceeding eight, to be nominated by the Chairperson of the State Authority;
(c) the Chairperson of the State Executive Committee, ex officio.
(3) The Chairperson of the State Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the State Authority.
(4) The Chairperson of the State Executive Committee shall be the Chief Executive Officer of the State Authority, ex officio:
Provided that in the case of a Union territory having Legislative Assembly, except the Union territory of Delhi, the Chief Minister shall be the Chairperson of the Authority established under this section and in case of other Union territories, the Lieutenant Governor or the Administrator shall be the Chairperson of that Authority:
Provided further that the Lieutenant Governor of the Union territory of Delhi shall be the Chairperson and the Chief Minister thereof shall be the Vice-Chairperson of the State Authority.
(5) The term of office and conditions of service of members of the State Authority shall be such as may be prescribed.
(1) A State Authority may, as and when it considers necessary, constitute an advisory committee, consisting of experts in the field of disaster management and having practical experience of disaster management to make recommendations on different aspects of disaster management.
(2) The members of the advisory committee shall be paid such allowances as may be prescribed by the State Government.
.—(1) Subject to the provisions of this Act, a State Authority shall have the responsibility for laying down policies and plans for disaster management in the State.
(2) Without prejudice to the generality of provisions contained in sub-section (1), the State Authority may—
(a) lay down the State disaster management policy;
(b) approve the State Plan in accordance with the guidelines laid down by the National Authority;
(c) approve the disaster management plans prepared by the departments of the Government of the State;
(d) lay down guidelines to be followed by the departments of the Government of the State for the purposes of integration of measures for prevention of disasters and mitigation in their development plans and projects and provide necessary technical assistance therefor;
(e) coordinate the implementation of the State Plan;
(f) recommend provision of funds for mitigation and preparedness measures;
(g) review the development plans of the different departments of the State and ensure that prevention and mitigation measures are integrated therein;
(h) review the measures being taken for mitigation, capacity building and preparedness by the departments of the Government of the State and issue such guidelines as may be necessary.
(3) The Chairperson of the State Authority shall, in the case of emergency, have power to exercise all or any of the powers of the State Authority but the exercise of such powers shall be subject to ex post facto ratification of the State Authority.
The State Authority shall lay down detailed guidelines for providing standards of relief to persons affected by disaster in the State:
Provided that such standards shall in no case be less than the minimum standards in the guidelines laid down by the National Authority in this regard.
.—(1) The State Government shall, immediately after issue of notification under sub-section (1) of section 14, constitute a State Executive Committee to assist the State Authority in the performance of its functions and to coordinate action in accordance with the guidelines laid down by the State Authority and ensure the compliance of directions issued by the State Government under this Act.
(2) The State Executive Committee shall consist of the following members, namely:—
(a) the Chief Secretary to the State Government, who shall be Chairperson, ex officio;
(b) four Secretaries to the Government of the State of such departments as the State Government may think fit, ex officio.
(3) The Chairperson of the State Executive Committee shall exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the State Authority.
(4) The procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions shall be such as may be prescribed by the State Government
.—(1) The State Executive Committee shall have the responsibility for implementing the National Plan and State Plan and act as the coordinating and monitoring body for management of disaster in the State.
(2) Without prejudice to the generality of the provisions of sub-section (1), the State Executive Committee may—
(a) coordinate and monitor the implementation of the National Policy, the National Plan and the State Plan;
(b) examine the vulnerability of different parts of the State to different forms of disasters and specify measures to be taken for their prevention or mitigation;
(c) lay down guidelines for preparation of disaster management plans by the departments of the Government of the State and the District Authorities;
(d) monitor the implementation of disaster management plans prepared by the departments of the Government of the State and District Authorities;
(e) monitor the implementation of the guidelines laid down by the State Authority for integrating of measures for prevention of disasters and mitigation by the departments in their development plans and projects;
(f) evaluate preparedness at all governmental or non-governmental levels to respond to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness;
(g) coordinate response in the event of any threatening disaster situation or disaster;
(h) give directions to any Department of the Government of the State or any other authority or body in the State regarding actions to be taken in response to any threatening disaster situation or disaster;
(i) promote general education, awareness and community training in regard to the forms of disasters to which different parts of the State are vulnerable and the measures that may be taken by such community to prevent the disaster, mitigate and respond to such disaster;
(j) advise, assist and coordinate the activities of the Departments of the Government of the State, District Authorities, statutory bodies and other governmental and non-governmental organisations engaged in disaster management;
(k) provide necessary technical assistance or give advice to District Authorities and local authorities for carrying out their functions effectively;
(l) advise the State Government regarding all financial matters in relation to disaster management;
(m) examine the construction, in any local area in the State and, if it is of the opinion that the standards laid for such construction for the prevention of disaster is not being or has not been followed, may direct the District Authority or the local authority, as the case may be, to take such action as may be necessary to secure compliance of such standards;
(n) provide information to the National Authority relating to different aspects of disaster management;
(o) lay down, review and update State level response plans and guidelines and ensure that the district level plans are prepared, reviewed and updated;
(p) ensure that communication systems are in order and the disaster management drills are carried out periodically;
(q) perform such other functions as may be assigned to it by the State Authority or as it may consider necessary.
.—(1) There shall be a plan for disaster management for every State to be called the State Disaster Management Plan.
(2) The State Plan shall be prepared by the State Executive Committee having regard to the guidelines laid down by the National Authority and after such consultation with local authorities, district authorities and the people's representatives as the State Executive Committee may deem fit.
(3) The State Plan prepared by the State Executive Committee under sub-section (2) shall be approved by the State Authority.
(4) The State Plan shall include,—
(a) the vulnerability of different parts of the State to different forms of disasters;
(b) the measures to be adopted for prevention and mitigation of disasters;
(c) the manner in which the mitigation measures shall be integrated with the development plans and projects;
(d) the capacity-building and preparedness measures to be taken;
(e) the roles and responsibilities of each Department of the Government of the State in relation to the measures specified in clauses (b), (c) and (d) above;
(f) the roles and responsibilities of different Departments of the Government of the State in responding to any threatening disaster situation or disaster.
(5) The State Plan shall be reviewed and updated annually.
(6) Appropriate provisions shall be made by the State Government for financing for the measures to be carried out under the State Plan.
(7) Copies of the State Plan referred to in sub-sections (2) and (5) shall be made available to the Departments of the Government of the State and such Departments shall draw up their own plans in accordance with the State Plan.
.—(1) Every State Government shall, as soon as may be after issue of notification under sub-section (1) of section 14, by notification in the Official Gazette, establish a District Disaster Management Authority for every district in the State with such name as may be specified in that notification.
(2) The District Authority shall consist of the Chairperson and such number of other members, not exceeding seven, as may be prescribed by the State Government, and unless the rules otherwise provide, it shall consist of the following, namely:—
(a) the Collector or District Magistrate or Deputy Commissioner, as the case may be, of the district who shall be Chairperson, ex officio;
(b) the elected representative of the local authority who shall be the co-Chairperson, ex officio: Provided that in the Tribal Areas, as referred to in the Sixth Schedule to the Constitution, the
Chief Executive Member of the district council of autonomous district, shall be the co-Chairperson,
ex officio;
(c) the Chief Executive Officer of the District Authority, ex officio;
(d) the Superintendent of Police, ex officio;
(e) the Chief Medical Officer of the district, ex officio;
(f) not exceeding two other district level officers, to be appointed by the State Government.
(3) In any district where zila parishad exists, the Chairperson thereof shall be the co-Chairperson of the District Authority.
(4) The State Government shall appoint an officer not below the rank of Additional Collector or Additional District Magistrate or Additional Deputy Commissioner, as the case may be, of the district to be the Chief Executive Officer of the District Authority to exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the District Authority.
.—(1) The District Authority may, as and when it considers necessary, constitute one or more advisory committees and other committees for the efficient discharge of its functions.
(2) The District Authority shall, from amongst its members, appoint the Chairperson of the Committee referred to in sub-section (1).
(3) Any person associated as an expert with any committee or sub-committee constituted under sub-section (1) may be paid such allowances as may be prescribed by the State Government.
The State Government shall provide the District Authority with such officers, consultants and other employees as it considers necessary for carrying out the functions of District Authority.
.—(1) There shall be a plan for disaster management for every district of the State.
(2) The District Plan shall be prepared by the District Authority, after consultation with the local authorities and having regard to the National Plan and the State Plan, to be approved by the State Authority.
(3) The District Plan shall include—
(a) the areas in the district vulnerable to different forms of disasters;
(b) the measures to be taken, for prevention and mitigation of disaster, by the Departments of the Government at the district level and local authorities in the district;
(c) the capacity-building and preparedness measures required to be taken by the Departments of the Government at the district level and the local authorities in the district to respond to any threatening disaster situation or disaster;
(d) the response plans and procedures, in the event of a disaster, providing for—
(i) allocation of responsibilities to the Departments of the Government at the district level and the local authorities in the district;
(ii) prompt response to disaster and relief thereof;
(iii) procurement of essential resources;
(iv) establishment of communication links; and
(v) the dissemination of information to the public;
(e) such other matters as may be required by the State Authority.
(4) The District Plan shall be reviewed and updated annually.
(5) The copies of the District Plan referred to in sub-sections (2) and (4) shall be made available to the Departments of the Government in the district.
(6) The District Authority shall send a copy of the District Plan to the State Authority which shall forward it to the State Government.
(7) The District Authority shall, review from time to time, the implementation of the Plan and issue such instructions to different departments of the Government in the district as it may deem necessary for the implementation thereof.
For the purpose of assisting, protecting or providing relief to the community, in response to any threatening disaster situation or disaster, the District Authority may—
(a) give directions for the release and use of resources available with any Department of the Government and the local authority in the district;
(b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area;
(c) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area;
(d) remove debris, conduct search and carry out rescue operations;
(e) provide shelter, food, drinking water and essential provisions, healthcare and services;
(f) establish emergency communication systems in the affected area;
(g) make arrangements for the disposal of the unclaimed dead bodies;
(h) recommend to any Department of the Government of the State or any authority or body under that Government at the district level to take such measures as are necessary in its opinion;
(i) require experts and consultants in the relevant fields to advise and assist as it may deem necessary;
(j) procure exclusive or preferential use of amenities from any authority or person;
(k) construct temporary bridges or other necessary structures and demolish structures which may be hazardous to public or aggravate the effects of the disaster;
(l) ensure that the non-governmental organisations carry out their activities in an equitable and non-discriminatory manner;
(m) take such other steps as may be required or warranted to be taken in such a situation.
.—(1) Subject to the provisions of this Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of disaster management.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the Central Government may take under that sub-section include measures with respect to all or any of the following matters, namely:—
(a) coordination of actions of the Ministries or Departments of the Government of India, State Governments, National Authority, State Authorities, governmental and non-governmental organisations in relation to disaster management;
(b) ensure the integration of measures for prevention of disasters and mitigation by Ministries or Departments of the Government of India into their development plans and projects;
(c) ensure appropriate allocation of funds for prevention of disaster, mitigation, capacity-building and preparedness by the Ministries or Departments of the Government of India;
(d) ensure that the Ministries or Departments of the Government of India take necessary measures for preparedness to promptly and effectively respond to any threatening disaster situation or disaster;
(e) cooperation and assistance to State Governments, as requested by them or otherwise deemed appropriate by it;
(f) deployment of naval, military and air forces, other armed forces of the Union or any other civilian personnel as may be required for the purposes of this Act;
(g) coordination with the United Nations agencies, international organisations and governments of foreign countries for the purposes of this Act;
(h) establish institutions for research, training, and developmental programmes in the field of disaster management;
(i) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of the provisions of this Act.
(3) The Central Government may extend such support to other countries affected by major disaster as it may deem appropriate.
.—(1) Every Ministry or Department of the Government of India shall—
(a) prepare a disaster management plan specifying the following particulars, namely:—
(i) the measures to be taken by it for prevention and mitigation of disasters in accordance with the National Plan;
(ii) the specifications regarding integration of mitigation measures in its development plans in accordance with the guidelines of the National Authority and the National Executive Committee;
(iii) its roles and responsibilities in relation to preparedness and capacity-building to deal with any threatening disaster situation or disaster;
(iv) its roles and responsibilities in regard to promptly and effectively responding to any threatening disaster situation or disaster;
(v) the present status of its preparedness to perform the roles and responsibilities specified in sub-clauses (iii) and (iv);
(vi) the measures required to be taken in order to enable it to perform its responsibilities specified in sub-clauses (iii) and (iv);
(b) review and update annually the plan referred to in clause (a);
(c) forward a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the Central Government which Government shall forward a copy thereof to the National Authority for its approval.
(2) Every Ministry or Department of the Government of India shall—
(a) make, while preparing disaster management plan under clause (a) of sub-section (1), provisions for financing the activities specified therein;
(b) furnish a status report regarding the implementation of the plan referred to in clause (a) of sub-section (1) to the National Authority, as and when required by it.
.—(1) Subject to the provisions of this Act, each State Government shall take all measures specified in the guidelines laid down by the National Authority and such further measures as it deems necessary or expedient, for the purpose of disaster management.
(2) The measures which the State Government may take under sub-section (1) include measures with respect to all or any of the following matters, namely:—
(a) coordination of actions of different departments of the Government of the State, the State Authority, District Authorities, local authority and other non-governmental organisations;
(b) cooperation and assistance in the disaster management to the National Authority and National Executive Committee, the State Authority and the State Executive Committee, and the District Authorities;
(c) cooperation with, and assistance to, the Ministries or Departments of the Government of India in disaster management, as requested by them or otherwise deemed appropriate by it;
(d) allocation of funds for measures for prevention of disaster, mitigation, capacity-building and preparedness by the departments of the Government of the State in accordance with the provisions of the State Plan and the District Plans;
(e) ensure that the integration of measures for prevention of disaster or mitigation by the departments of the Government of the State in their development plans and projects;
(f) integrate in the State development plan, measures to reduce or mitigate the vulnerability of different parts of the State to different disasters;
(g) ensure the preparation of disaster management plans by different departments of the State in accordance with the guidelines laid down by the National Authority and the State Authority;
(h) establishment of adequate warning systems up to the level of vulnerable communities;
(i) ensure that different departments of the Government of the State and the District Authorities take appropriate preparedness measures;
(j) ensure that in a threatening disaster situation or disaster, the resources of different departments of the Government of the State are made available to the National Executive Committee or the State Executive Committee or the District Authorities, as the case may be, for the purposes of effective response, rescue and relief in any threatening disaster situation or disaster;
(k) provide rehabilitation and reconstruction assistance to the victims of any disaster; and
(l) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of provisions of this Act.
.—(1) Every department of the State Government, in conformity with the guidelines laid down by the State Authority, shall—
(a) prepare a disaster management plan which shall lay down the following :—
(i) the types of disasters to which different parts of the State are vulnerable;
(ii) integration of strategies for the prevention of disaster or the mitigation of its effects or both with the development plans and programmes by the department;
(iii) the roles and responsibilities of the department of the State in the event of any threatening disaster situation or disaster and emergency support function it is required to perform;
(iv) present status of its preparedness to perform such roles or responsibilities or emergency support function under sub-clause (iii);
(v) the capacity-building and preparedness measures proposed to be put into effect in order to enable the Ministries or Departments of the Government of India to discharge their responsibilities under section 37;
(b) annually review and update the plan referred to in clause (a); and
(c) furnish a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the State Authority.
(2) Every department of the State Government, while preparing the plan under sub-section (1), shall make provisions for financing the activities specified therein.
(3) Every department of the State Government shall furnish an implementation status report to the State Executive Committee regarding the implementation of the disaster management plan referred to in sub-section (1).
Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.
.—(1) There shall be constituted a National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster.
(2) Subject to the provisions of this Act, the Force shall be constituted in such manner and, the conditions of service of the members of the Force, including disciplinary provisions therefore, be such as may be prescribed.
.—(1) The Central Government may, by notification in the Official Gazette, constitute a fund to be called the National Disaster Response Fund for meeting any threatening disaster situation or disaster and there shall be credited thereto—
(a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide;
(b) any grants that may be made by any person or institution for the purpose of disaster management.
(2) The National Disaster Response Fund shall be made available to the National Executive Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government in consultation with the National Authority.
.—(1) The State Government shall, immediately after notifications issued for constituting the State Authority and the District Authorities, establish for the purposes of this Act the following funds, namely:—
(a) the fund to be called the State Disaster Response Fund;
(b) the fund to be called the District Disaster Response Fund;
(c) the fund to be called the State Disaster Mitigation Fund;
(d) the fund to be called the District Disaster Mitigation Fund.
(2) The State Government shall ensure that the funds established—
(i) under clause (a) of sub-section (1) is available to the State Executive Committee;
(ii) under sub-clause (c) of sub-section (1) is available to the State Authority;
(iii) under clauses (b) and (d) of sub-section (1) are available to the District Authority
.—(1) Every Ministry or Department of the Government of India shall make provisions, in its annual budget, for funds for the purposes of carrying out the activities and programmes set out in its disaster management plan.
(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to departments of the Government of the State.
Where by reason of any threatening disaster situation or disaster, the National Authority or the State Authority or the District Authority is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief,—
(a) it may authorise the concerned department or authority to make the emergency procurement and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived;
(b) a certificate about utilisation of provisions or materials by the controlling officer authorised by the National Authority, State Authority or District Authority, as the case may be, shall be deemed to be a valid document or voucher for the purpose of accounting of emergency, procurement of such provisions or materials.
Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
.—(1) Where an offence under this Act has been committed by any Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
If any person contravenes any order made under section 65, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
.—(1) Where an offence under this Act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
No court shall take cognizance of an offence under this Act except on a complaint made by—
(a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised in this behalf by that Authority or Government, as the case may be; or
(b) any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised as aforesaid.
While providing compensation and relief to the victims of disaster, there shall be no discrimination on the ground of sex, caste, community, descent or religion.
Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Central Government to issue direction in writing to the Ministries or Departments of the Government of India, or the National Executive Committee or the State Government, State Authority, State Executive Committee, statutory bodies or any of its officers or employees, as the case may be, to facilitate or assist in the disaster management and such Ministry or Department or Government or Authority, Executive Committee, statutory body, officer or employee shall be bound to comply with such direction.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the composition and number of the members of the National Authority under sub-section (2), and the term of office and conditions of service of members of the National Authority under sub-section (4), of section 3;
(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 7;
(c) the powers and functions of the Chairperson of the National Executive Committee under sub-section (3) of section 8 and the procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 8;
(d) allowances to be paid to the persons associated with the sub-committee constituted by the National Executive Committee under sub-section (3) of section 9;
(e) the number of members of the National Institute of Disaster Management under sub-section (2), the term of the office and vacancies among members and the manner of filling such vacancies under sub-section (3) and the manner of constituting the Governing Body of the National Institute of Disaster Management under sub-section (4) of section 42;
(f) the manner of constitution of the Force, the conditions of service of the members of the Force, including disciplinary provisions under sub-section (2) of section 44;
(g) the manner in which notice of the offence and of the intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government or the other authority or officer under clause (b) of section 60;
(h) the form in which and the time within which annual report is to be prepared under section 70;
(i) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
.—(1) If it appears to the National Executive Committee, State Executive Committee or District Authority or any officer as may be authorised by it in this behalf that—
(a) any resources with any authority or person are needed for the purpose of prompt response;
(b) any premises are needed or likely to be needed for the purpose of rescue operations; or
(c) any vehicle is needed or is likely to be needed for the purposes of transport of' resources from disaster affected areas or transport of resources to the affected area or transport in connection with rescue, rehabilitation or reconstruction,
such authority may, by order in writing, requisition such resources or premises or such vehicle, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning.
(2) Whenever any resource, premises or vehicle is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such resource, premises or vehicle is required for any of the purposes mentioned in that sub-section.
(3) In this section,—
(a) “resources” includes men and material resources;
(b) “services” includes facilities;
(c) “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
(d) “vehicle” means any vehicle used or capable of being used for the purpose of transport, whether propelled by mechanical power or otherwise.
The National Authority, the State Authority, or a District Authority may recommend to the Government to give direction to any authority or person in control of any audio or audio-visual media or such other means of communication as may be available to carry any warning or advisories regarding any threatening disaster situation or disaster, and the said means of communication and media as designated shall comply with such direction
The National Executive Committee, State Executive Committee, as the case may be, by general or special order in writing, may delegate to the Chairperson or any other member or to any officer, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary.
No court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken, orders made, direction, instruction or guidelines issued by the Central Government, National Authority, State Government, State Authority or District Authority in pursuance of any power conferred by, or in relation to its functions, by this Act.
The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
No suit or prosecution or other proceeding shall lie in any court against the Central Government or the National Authority or the State Government or the State Authority or the District Authority or local authority or any officer or employee of the Central Government or the National Authority or the State Government or the State Authority or the District Authority or local authority or any person working for on behalf of such Government or authority in respect of any work done or purported to have been done or intended to be done in good faith by such authority or Government or such officer or employee or such person under the provisions of this Act or the rules or regulations made thereunder.
Every rule made by the Central Government and every regulation made by the National Institute of Disaster Management 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 of 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation.
.—(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the composition and number of the members of the State Authority under sub-section (2), and the term of office and conditions of service of the members of the State Authority under sub-section (5), of section 14;
(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 17;
(c) the powers and functions of the Chairperson of the State Executive Committee under sub-section (3), and the procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 20;
(d) allowances to be paid to the persons associated with the sub-committee constituted by the State Executive Committee under sub-section (3) of section 21;
(e) the composition and the number of members of the District Authority under sub-section (2), and the powers and functions to be exercised and discharged by the Chief Executive Officer of the District Authority under sub-section (3) of section 25;
(f) allowances payable to the persons associated with any committee constituted by the District Authority as experts under sub-section (3) of section 28;
(g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House before that House.
.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government or the State Government, as the case may be, by notification in the Official Gazette, make order not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty:
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislature, as the case may be.
(1) The National Authority may constitute an advisory committee consisting of experts in the field of disaster management and having practical experience of disaster management at the national, State or district level to make recommendations on different aspects of disaster management.
(2) The members of the advisory committee shall be paid such allowances as may be prescribed by the Central Government in consultation with the National Authority.
(1) Subject to the provisions of this Act, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster.
(2) Without prejudice to generality of the provisions contained in sub-section (1), the National Authority may —
(a) lay down policies on disaster management;
(b) approve the National Plan;
(c) approve plans prepared by the Ministries or Departments of the Government of India in accordance with the National Plan;
(d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan;
(e) lay down guidelines to be followed by the different Ministries or Departments of the Government of India for the purpose of integrating the measures for prevention of disaster or the mitigation of its effects in their development plans and projects;
(f) coordinate the enforcement and implementation of the policy and plan for disaster management;
(g) recommend provision of funds for the purpose of mitigation;
(h) provide such support to other countries affected by major disasters as may be determined by the Central Government;
(i) take such other measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary;
(j) lay down broad policies and guidelines for the functioning of the National Institute of Disaster Management.
(3) The Chairperson of the National Authority shall, in the case of emergency, have power to exercise all or any of the powers of the National Authority but exercise of such powers shall be subject to ex post facto ratification by the National Authority.
(1) The Central Government shall, immediately after issue of notification under sub-section (1) of section 3, constitute a National Executive Committee to assist the National Authority in the performance of its functions under this Act.
(2) The National Executive Committee shall consist of the following members, namely:—
(a) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the disaster management, who shall be Chairperson, ex officio;
(b) the Secretaries to the Government of India in the Ministries or Departments having administrative control of the agriculture, atomic energy, defence, drinking water supply, environment and forests, finance (expenditure), health, power, rural development, science and technology, space, telecommunication, urban development, water resources and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee, ex officio.
(3) The Chairperson of the National Executive Committee may invite any other officer of the Central Government or a State Government for taking part in any meeting of the National Executive Committee and shall exercise such powers and perform such functions as may be prescribed by the Central Government in consultation with the National Authority.
(4) The procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions shall be such as may be prescribed by the Central Government.
(1) The National Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for the efficient discharge of its functions.
(2) The National Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-section (1).
(3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the Central Government.
(1) The National Executive Committee shall assist the National Authority in the discharge of its functions and have the responsibility for implementing the policies and plans of the National Authority and ensure the compliance of directions issued by the Central Government for the purpose of disaster management in the country.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), the National Executive Committee may—
(a) act as the coordinating and monitoring body for disaster management;
(b) prepare the National Plan to be approved by the National Authority;
(c) coordinate and monitor the implementation of the National Policy;
(d) lay down guidelines for preparing disaster management plans by different Ministries or Departments of the Government of India and the State Authorities;
(e) provide necessary technical assistance to the State Governments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by the National Authority;
(f) monitor the implementation of the National Plan and the plans prepared by the Ministries or Departments of the Government of India;
(g) monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in their development plans and projects;
(h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government;
(i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness;
(j) plan and coordinate specialised training programme for disaster management for different levels of officers, employees and voluntary rescue workers;
(k) coordinate response in the event of any threatening disaster situation or disaster;
(l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster;
(m) require any department or agency of the Government to make available to the National Authority or State Authorities such men or material resources as are available with it for the purposes of emergency response, rescue and relief;
(n) advise, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Authorities, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management;
(o) provide necessary technical assistance or give advice to the State Authorities and District Authorities for carrying out their functions under this Act;
(p) promote general education and awareness in relation to disaster management; and
(q) perform such other functions as the National Authority may require it to perform.
The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,—
(i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
(ii) the special provisions to be made for widows and orphans;
(iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood;
(iv) such other relief as may be necessary.
.—(1) The State Authority shall meet as and when necessary and at such time and place as the Chairperson of the State Authority may think fit.
(2) The Chairperson of the State Authority shall preside over the meetings of the State Authority.
(3) If for any reason, the Chairperson of the State Authority is unable to attend the meeting of the State Authority, the Vice-Chairperson of the State Authority shall preside at the meeting.
The State Government shall provide the State Authority with such officers, consultants and employees, as it considers necessary, for carrying out the functions of the State Authority.
.—(1) The State Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for efficient discharge of its functions.
(2) The State Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-section (1).
(3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the State Government.
Every office of the Government of India and of the State Government at the district level and the local authorities shall, subject to the supervision of the District Authority,—
(a) prepare a disaster management plan setting out the following, namely:—
(i) provisions for prevention and mitigation measures as provided for in the District Plan and as is assigned to the department or agency concerned;
(ii) provisions for taking measures relating to capacity-building and preparedness as laid down in the District Plan;
(iii) the response plans and procedures, in the event of, any threatening disaster situation or disaster;
(b) coordinate the preparation and the implementation of its plan with those of the other organisations at the district level including local authority, communities and other stakeholders;
(c) regularly review and update the plan; and
(d) submit a copy of its disaster management plan, and of any amendment thereto, to the District Authority.
For the purpose of, assisting and protecting the community affected by disaster or providing relief to such community or, preventing or combating disruption or dealing with the effects of any threatening disaster situation, the State Executive Committee may—
(a) control and restrict, vehicular traffic to, from or within, the vulnerable or affected area;
(b) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area;
(c) remove debris, conduct search and carry out rescue operations;
(d) provide shelter, food, drinking water, essential provisions, healthcare and services in accordance with the standards laid down by the National Authority and State Authority;
(e) give direction to the concerned Department of the Government of the State, any District Authority or other authority, within the local limits of the State to take such measure or steps for rescue, evacuation or providing immediate relief saving lives or property, as may be necessary in its opinion;
(f) require any department of the Government of the State or any other body or authority or person in charge of any relevant resources to make available the resources for the purposes of emergency response, rescue and relief;
(g) require experts and consultants in the field of disasters to provide advice and assistance for rescue and relief;
(h) procure exclusive or preferential use of amenities from any authority or person as and when required;
(i) construct temporary bridges or other necessary structures and demolish unsafe structures which may be hazardous to public;
(j) ensure that non-governmental organisations carry out their activities in an equitable and non- discriminatory manner;
(k) disseminate information to public to deal with any threatening disaster situation or disaster;
(l) take such steps as the Central Government or the State Government may direct in this regard or take such other steps as are required or warranted by the form of any threatening disaster situation or disaster.
.—(1) The Chairperson of the District Authority shall, in addition to presiding over the meetings of the District Authority, exercise and discharge such powers and functions of the District Authority as the District Authority may delegate to him.
(2) The Chairperson of the District Authority shall, in the case of an emergency, have power to exercise all or any of the powers of the District Authority but the exercise of such powers shall be subject to ex post facto ratification of the District Authority.
(3) The District Authority or the Chairperson of the District Authority may, by general or special order, in writing, delegate such of its or his powers and functions, under sub-section (1) or (2), as the case may be, to the Chief Executive Officer of the District Authority, subject to such conditions and limitations, if any, as it or he deems fit.
The District Authority shall meet as and when necessary and at such time and place as the Chairperson may think fit.
.—(1) The District Authority shall act as the district planning, coordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the district in accordance with the guidelines laid down by the National Authority and the State Authority.
(2) Without prejudice to the generality of the provisions of sub-section (1), the District Authority may—
(i) prepare a disaster management plan including district response plan for the district;
(ii) coordinate and monitor the implementation of the National Policy, State Policy, National Plan, State Plan and District Plan;
(iii) ensure that the areas in the district vulnerable to disasters are identified and measures for the prevention of disasters and the mitigation of its effects are undertaken by the departments of the Government at the district level as well as by the local authorities;
(iv) ensure that the guidelines for prevention of disasters, mitigation of its effects, preparedness and response measures as laid down by the National Authority and the State Authority are followed by all departments of the Government at the district level and the local authorities in the district;
(v) give directions to different authorities at the district level and local authorities to take such other measures for the prevention or mitigation of disasters as may be necessary;
(vi) lay down guidelines for prevention of disaster management plans by the department of the Government at the districts level and local authorities in the district;
(vii) monitor the implementation of disaster management plans prepared by the Departments of the Government at the district level;
(viii) lay down guidelines to be followed by the Departments of the Government at the district level for purposes of integration of measures for prevention of disasters and mitigation in their development plans and projects and provide necessary technical assistance therefor;
(ix) monitor the implementation of measures referred to in clause (viii);
(x) review the state of capabilities for responding to any disaster or threatening disaster situation in the district and give directions to the relevant departments or authorities at the district level for their up gradation as may be necessary;
(xi) review the preparedness measures and give directions to the concerned departments at the district level or other concerned authorities where necessary for bringing the preparedness measures to the levels required for responding effectively to any disaster or threatening disaster situation;
(xii) organise and coordinate specialised training programmes for different levels of officers, employees and voluntary rescue workers in the district;
(xiii) facilitate community training and awareness programmes for prevention of disaster or mitigation with the support of local authorities, governmental and non-governmental organisations;
(xiv) set up, maintain, review and upgrade the mechanism for early warnings and dissemination of proper information to public;
(xv) prepare, review and update district level response plan and guidelines;
(xvi) coordinate response to any threatening disaster situation or disaster;
(xvii) ensure that the Departments of the Government at the district level and the local authorities prepare their response plans in accordance with the district response plan;
(xviii) lay down guidelines for, or give direction to, the concerned Department of the Government at the district level or any other authorities within the local limits of the district to take measures to respond effectively to any threatening disaster situation or disaster;
(xix) advise, assist and coordinate the activities of the Departments of the Government at the district level, statutory bodies and other governmental and non-governmental organisations in the district engaged in the disaster management;
(xx) coordinate with, and give guidelines to, local authorities in the district to ensure that measures for the prevention or mitigation of threatening disaster situation or disaster in the district are carried out promptly and effectively;
(xxi) provide necessary technical assistance or give advise to the local authorities in the district for carrying out their functions;
(xxii) review development plans prepared by the Departments of the Government at the district level, statutory authorities or local authorities with a view to make necessary provisions therein for prevention of disaster or mitigation;
(xxiii) examine the construction in any area in the district and, if it is of the opinion that the standards for the prevention of disaster or mitigation laid down for such construction is not being or has not been followed, may direct the concerned authority to take such action as may be necessary to secure compliance of such standards;
(xxiv) identify buildings and places which could, in the event of any threatening disaster situation or disaster, be used as relief centers or camps and make arrangements for water supply and sanitation in such buildings or places;
(xxv) establish stockpiles of relief and rescue materials or ensure preparedness to make such materials available at a short notice;
(xxvi) provide information to the State Authority relating to different aspects of disaster management;
(xxvii) encourage the involvement of non-governmental organisations and voluntary social- welfare institutions working at the grassroots level in the district for disaster management;
(xxviii) ensure communication systems are in order, and disaster management drills are carried out periodically;
(xxix) perform such other functions as the State Government or State Authority may assign to it or as it deems necessary for disaster management in the District.
It shall be the responsibility of every Ministry or Department of the Government of India to—
(a) take measures necessary for prevention of disasters, mitigation, preparedness and capacity- building in accordance with the guidelines laid down by the National Authority;
(b) integrate into its development plans and projects, the measures for prevention or mitigation of disasters in accordance with the guidelines laid down by the National Authority;
(c) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the guidelines of the National Authority or the directions of the National Executive Committee in this behalf;
(d) review the enactments administered by it, its policies, rules and regulations, with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness;
(e) allocate funds for measures for prevention of disaster, mitigation, capacity-building and preparedness;
(f) provide assistance to the National Authority and State Governments for—
(i) drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management;
(ii) carrying out rescue and relief operations in the affected area;
(iii) assessing the damage from any disaster;
(iv) carrying out rehabilitation and reconstruction;
(g) make available its resources to the National Executive Committee or a State Executive Committee for the purposes of responding promptly and effectively to any threatening disaster situation or disaster, including measures for—
(i) providing emergency communication in a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) setting up temporary bridges, jetties and landing places;
(v) providing, drinking water, essential provisions, healthcare, and services in an affected area;
(h) take such other actions as it may consider necessary for disaster management.
It shall be the responsibility of every department of the Government of a State to—
(a) take measures necessary for prevention of disasters, mitigation, preparedness and capacity- building in accordance with the guidelines laid down by the National Authority and the State Authority;
(b) integrate into its development plans and projects, the measures for prevention of disaster and mitigation;
(c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness;
(d) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the State Plan, and in accordance with the guidelines or directions of the National Executive Committee and the State Executive Committee;
(e) review the enactments administered by it, its policies, rules and regulations with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness;
(f) provide assistance, as required, by the National Executive Committee, the State Executive Committee and District Authorities, for—
(i) drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management;
(ii) assessing the damage from any disaster;
(iii) carrying out rehabilitation and reconstruction;
(g) make provision for resources in consultation with the State Authority for the implementation of the District Plan by its authorities at the district level;
(h) make available its resources to the National Executive Committee or the State Executive Committee or the District Authorities for the purposes of responding promptly and effectively to any disaster in the State, including measures for—
(i) providing emergency communication with a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) carrying out evacuation of persons or live-stock from an area of any threatening disaster situation or disaster;
(v) setting up temporary bridges, jetties and landing places;
(vi) providing drinking water, essential provisions, healthcare and services in an affected area;
(i) such other actions as may be necessary for disaster management.
.—(1) Subject to the directions of the District Authority, a local authority shall—
(a) ensure that its officers and employees are trained for disaster management;
(b) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of any threatening disaster situation or disaster;
(c) ensure all construction projects under it or within its jurisdiction conform to the standards and specifications laid down for prevention of disasters and mitigation by the National Authority, State Authority and the District Authority;
(d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the State Plan and the District Plan.
(2) The local authority may take such other measures as may be necessary for the disaster management.
.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be constituted an institute to be called the National Institute of Disaster Management.
(2) The National Institute of Disaster Management shall consist of such number of members as may be prescribed by the Central Government.
(3) The term of office of, and vacancies among, members of the National Institute of Disaster Management and manner of filling such vacancies shall be such as may be prescribed.
(4) There shall be a governing body of the National Institute of Disaster Management which shall be constituted by the Central Government from amongst the members of the National Institute of Disaster Management in such manner as may be prescribed.
(5) The governing body of the National Institute of Disaster Management shall exercise such powers and discharge such functions as may be prescribed by regulations.
(6) The procedure to be followed in exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among the members of the governing body, shall be such as may be prescribed by regulations.
(7) Until the regulations are made under this section, the Central Government may make such regulations; and any regulation so made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers.
(8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures.
(9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may—
(a) develop training modules, undertake research and documentation in disaster management and organise training programmes;
(b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management;
(c) provide assistance in national level policy formulation;
(d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries and undertake training of faculty members of the State level training institutes;
(e) provide assistance to the State Governments and State training institutes in the formulation of State level policies, strategies, disaster management framework and any other assistance as may be required by the State Governments or State training institutes for capacity-building of stakeholders, Government including its functionaries, civil society members, corporate sector and people's elected representatives;
(f) develop educational materials for disaster management including academic and professional courses;
(g) promote awareness among stakeholders including college or school teachers and students, technical personnel and others associated with multi-hazard mitigation, preparedness and response measures;
(h) undertake, Organise and facilitate study courses, conferences, lectures, seminars within and outside the country to promote the aforesaid objects;
(i) undertake and provide for publication of journals, research papers and books and establish and maintain libraries in furtherance of the aforesaid objects;
(j) do all such other lawful things as are conducive or incidental to the attainment of the above objects; and
(k) undertake any other function as may be assigned to it by the Central Government.
Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
The general superintendence, direction and control of the Force shall be vested and exercised by the National Authority and the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director General of the National Disaster Response Force.
.—(1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Disaster Mitigation Fund for projects exclusively for the purpose of mitigation and there shall be credited thereto such amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide.
(2) The National Disaster Mitigation Fund shall be applied by the National Authority.
Whoever, without reasonable cause—
(a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority in the discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act,
shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.
Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine.
No prosecution for offences punishable under sections 55 and 56 shall be instituted except with the previous sanction of the Central Government or the State Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by such Government.
Any officer or authority of the Union or a State, when requested by the National Executive Committee, any State Executive Committee or District Authority or any person authorised by such Committee or Authority in this behalf, shall make available to that Committee or authority or person, such officers and employees as requested for, to perform any of the functions in connection with the prevention of disaster or mitigation or rescue or relief work
Subject to the provisions of this Act, if it appears to the National Executive Committee, State Executive Committee or the District Authority, as the case may be, that provisions of any rule, regulation, notification, guideline, instruction, order, scheme or bye-laws, as the case may be, are required to be made or amended for the purposes of prevention of disasters or the mitigation thereof, it may require the amendment of such rules, regulation,
notification, guidelines, instruction, order, scheme or bye-laws, as the case may be, for that purpose, and the appropriate department or authority shall take necessary action to comply with the requirements.
(1) Whenever any Committee, Authority or officer referred to in sub-section (1) of section 65, in pursuance of that section requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:—
(i) the rent payable in respect of the premises, or if no rent is so payable, the rent payable for similar premises in the locality;
(ii) if as consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the thirty days to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, may determine:
Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the Central Government or the State Government, as the case may be, to an arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation.—In this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 65 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever any Committee, Authority or officer, referred to in sub-section (1) of section 65 in pursuance of that section requisitions any vehicle, there shall be paid to the owner thereof compensation the mount of which shall be determined by the Central Government or the State Government, as the case may be, on the basis of the fares or rates prevailing in the locality for the hire of such vehicle:
Provided that where the owner of such vehicle being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, may determine:
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Central Government or the State Government, as the case may be, in this behalf may decide.
.—(1) The National Authority shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament within one month of its receipt.
Officers and employees of the Central Government, National Authority, National Executive Committee, State Government, State Authority, State Executive Committee or District Authority shall be immune from legal process in regard to any warning in respect of any impending disaster communicated or disseminated by them in their official capacity or any action taken or direction issued by them in pursuance of such communication or dissemination.
(1) The National Institute of Disaster Management, with the previous approval of the Central Government may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) powers and functions to be exercised and discharged by the governing body;
(b) procedure to be followed by the governing body in exercise of the powers and discharge of its functions;
(c) any other matter for which under this Act provision may be made by the regulations.
Every order or decision of the National Authority or the National Executive Committee, the State Authority, or the State Executive Committee or the District Authority, shall be authenticated by such officers of the National Authority or the National Executive Committee or, the State Executive Committee, or the District Authority, as may be authorised by it in this behalf.
The District Authority may by order require any officer or any Department at the district level or any local authority to take such measures for the prevention or mitigation of disaster, or to effectively respond to it, as may be necessary, and such officer or department shall be bound to carry out such order.
The Central Government shall provide the National Institute of Disaster Management with such officers, consultants and other employees, as it considers necessary, for carrying out its functions.
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Related Section(s)(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 power, such rules may provide for all or any of the following matters, namely:-- 1[(a) the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in India under clause (e) of section 5; (ab) the percentage of voting rights higher than twenty-six per cent. under sub-clause (i) of clause (b) of the Explanation to section 5; (ac) the criteria of combinations under sub-section (4) of section 6; (ad) the criteria under sub-section (7) of section 6;] 2[ 3[(ae)] the term of the Selection Committee and the manner of selection of panel of names under sub-section (2) of section 9;] (b) the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under sub-section (3) of section 10; 4* * * * * (d) the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the Chairperson and other Members under sub-section (1) of section 14; 5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or other employees in the office of Director General and the manner in which such Additional, Joint, Deputy or Assistant Directors General or such officers or other employees may be appointed under sub- section (1A) of section 16;] (e) the salary, allowances and other terms and conditions of service of the Director General, Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under sub-section (3) of section16; (f) the qualifications for appointment of the Director General, Additional, Joint, Deputy or Assistant Directors General or 10[such officers or other employees] under sub-section (4) of section 16; (g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section17; 8 * * * * (k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of section 52; (l) the time within which and the form and manner in which the Commission may furnish returns, statements and such particulars as the Central Government may require under sub-section (1) of section 53; (m) the form in which and the time within which the annual report shall be prepared under sub-section (2) of section 53; 9[(ma) the form in which an appeal may be filed before the Appellate Tribunal under sub-section (2) of section 53B and the fees payable in respect of such appeal; 10 * * * * (me) the fee which shall be accompanied with every application made under sub-section (2) of section 53N; (mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the Appellate Tribunal shall have powers under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit;] 11[(mg) the form of the publication of guidelines under sub-section (5) of section 64B;] 12[(n) the manner in which the monies transferred to the Competition Commission of India or the Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66;] (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. (3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made under this Act by the Central Government 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 notification or rule, or both Houses agree that the notification should not be issued or rule should not be made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule, as the case may be.
1. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023).
2. Subs. by Act 39 of 2007, s. 48, for clause (a) (w.e.f. 12-10-2007). 3. Clause (a) re-lettered as clause (ae) thereof by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 4 Cl. (c) omitted by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 5. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 6. Subs. by s. 48, ibid., for "such other advisers, consultants or officers" (w.e.f. 12-10-2007). 7. Subs. by s. 48, ibid., for "Registrar" (w.e.f. 12-10-2007). 8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 9. Ins. by s. 48 (w.e.f. 12-10-2007). 10. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 11. Ins. by Act 9 of 2023, s. 43 (w.e.f. 18-5-2023). 12. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). (1) The salary, and the other terms and conditions of service, of the Chairperson and other
Members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary
allowance and medical facilities shall be such as may be prescribed.
(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member shall not be varied to his disadvantage after appointment | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely:-- 1[(a) other business or commercial rights of similar nature under clause (jb) of section 2;] 2[(aa)] the salaries and allowances and other terms and conditions of service of 4[the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunal] under sections 7, 12 and 13; (b) the procedure for the investigation of misbehaviour or incapacity of 3[the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals], under sub-section (3) of section 15; (c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application; 4[(ca) the form of application and the fee for filing application under sub-section (3) of section 19;] 5[(cc) the rate of fee to be refunded to the applicant under sub-section 85 (3B) of section 19 of the the Act;] 6[(cca) the period for filing written statement under sub-section (10) of section 19; (ccb) the fee for obtaining copy of the order of the Tribunal under sub-section (21) of section 19; (ccc) the form and manner of authenticating digital signature under clause (a), and the manner of authenticating service or delivery of pleadings and documents under clause (b), of sub-section (1) of section 19A; (ccd) the form and manner of filing application and other documents in the electronic form under sub-section (1) and manner of display of orders of the Tribunal and Appellate Tribunal under sub-section (4) of section 19A;] (d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal; 7[(da) the rules of uniform procedure for conducting the proceedings before the Tribunals and Appellate Tribunals under section 22A; (db) the other mode of recovery under clause (d) of section 25;] (e) any other matter which is required to be, or may be, prescribed. 8[(3) Every notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule 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 prejudice to the validity of anything previously done under that notification or rule.]
1 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016).
2 Clause (a) numbered as clause (aa) thereof by s. 42, ibid. (w.e.f. 1-9-2016). 3 Subs. by Act 1 of 2000, s. 17, for "the Presiding Officers" (w.e.f. 17-1-2000). 4 Subs. by s. 17, ibid., for "the Presiding Officers of the Tribunals and Appellate Tribunals" (w.e.f. 17-1-2000). 5 Ins. by Act 44 of 2016, s. 42 (w.e.f. 1-9-2016). 6 Ins. by Act 1 of 2013, s. 17 (w.e.f. 17-1-2000). 7 Subs. by Act 44 of 2016, s. 42, for (3A) (w.e.f. 1-9-2016). 8 Subs. by Act 1 of 2000, s. 17, for sub-section (3) (w.e.f. 17-1-2000). | ||||||||||||||||
Related Section(s)(1) A Special Economic
Zone may be established under this Act, either jointly or severally by the Central Government, State
Government, or any person for manufacture of goods or rendering services or for both or as a Free Trade
and Warehousing Zone.
(2) Any person, who intends to set up a Special Economic Zone, may, after identifying the area, make a proposal to the State Government concerned for the purpose of setting up the Special Economic Zone. (3) Notwithstanding anything contained in sub-section (2), any person, who intends to set up a Special Economic Zone, may, after identifying the area, at his option, make a proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that where such a proposal has been received directly from a person under this sub-section, the Board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the State Government within the period, as may be prescribed. (4) In case a State Government intends to set up a Special Economic Zone, it may after identifying the area, forward the proposal directly to the Board for the purpose of setting up the Special Economic Zone: Provided that the Central Government may,-- (a) after consulting the State Government concerned; (b) without referring the proposal for setting up the Special Economic Zone to the Board; and (c) after identifying the area, suo motu set up and notify the Special Economic Zone. (5) Every proposal under sub-sections (2) to (4) shall be made in such form, and, manner, containing such particulars as may be prescribed. (6) The State Government may, on receipt of the proposal made under sub-section (2), forward the same together with its recommendations to the Board within such period as may be prescribed. (7) Without prejudice to the provisions contained in sub-section (8), the Board may, after receipt of the proposal under sub-sections (2) to (4), approve the proposal subject to such terms and conditions as it may deem fit to impose, or modify or reject the proposal. (8) The Central Government may prescribe the following requirements for establishment of a Special Economic Zone, namely:-- (a) the minimum area of land and other terms and conditions subject to which the Board shall approve, modify or reject any proposal received by it under sub-sections (2) to (4); and (b) the terms and conditions, subject to which the Developer shall undertake the authorised operations and his obligations and entitlements: Provided that different minimum area of land and other terms and conditions referred to in clause (a) may be prescribed by the Central Government for a class or classes of Special Economic Zones. (9) If the Board,-- (a) approves without any modification the proposal received under sub-sections (2) to (4), it shall communicate the same to the Central Government; (b) approves with modifications the proposal received under sub-sections (2) to (4), it shall, communicate such modifications to the person or the State Government concerned and if such modifications have been accepted by such person or State Government, the Board shall communicate the approval to the Central Government; (c) rejects the proposal received under sub-sections (2) to (4), it shall record the reasons therefor and communicate the rejection to the Central Government which shall intimate to the State Government or the person concerned. (10) The Central Government shall, on receipt of communication under clause (a) or clause (b) of sub-section (9), grant, within such time as may be prescribed, a letter of approval on such terms and conditions and obligations and entitlements as may be approved by the Board, to the Developer, being the person or the State Government concerned: Provided that the Central Government may, on the basis of approval of the Board, approve more than one Developer in a Special Economic Zone in cases where one Developer does not have in his possession the minimum area of contiguous land, as may be prescribed, for setting up a Special Economic Zone and in such cases, each Developer shall be considered as a Developer in respect of the land in his possession. (11) Any person who, or a State Government which, intends to provide any infrastructure facilities in the identified area referred to in sub-sections (2) to (4), or undertake any authorised operation may, after entering into an agreement with the Developer referred to in sub-section (10), make a proposal for the same to the Board for its approval and the provisions of sub-section (5) and sub-sections (7) to (10) shall, as far as may be, apply to the said proposal made by such person or the State Government. (12) Every person or the State Government referred to in sub-section (11), whose proposal has been approved by the Board and who, or which, has been granted letter of approval by the Central Government, shall be considered as a Co-Developer of the Special Economic Zone. (13) Subject to the provisions of this section and the letter of approval granted to a Developer, the Developer may allocate space or built up area or provide infrastructure services to the approved Units in accordance with the agreement entered into by him with the entrepreneurs of such Units. (1) The Developer shall, after the grant of letter of approval under sub-section (10) of
section 3, submit the exact particulars of the identified area referred to in sub-sections (2) to (4) of that
section, to the Central Government and thereupon that Government may, after satisfying that the
requirements, under sub-section (8) of section 3 and other requirements, as may be prescribed, are
fulfilled, notify the specifically identified area in the State as a Special Economic Zone:
Provided that an existing Special Economic Zone shall be deemed to have been notified and established in accordance with the provisions of this Act and the provisions of this Act shall, as far as may be, apply to such Zone accordingly: Provided further that the Central Government may, after notifying the Special Economic Zone, if it considers appropriate, notify subsequently any additional area to be included as a part of that Special Economic Zone. (2) After the appointed day, the Board may, authorise the Developer to undertake in a Special Economic Zone, such operations which the Central Government may authorise. | ||||||||||||||||
Related Section(s)(1) Where a dividend has been declared by a company but has not
been paid or claimed within thirty days from the date of the declaration to any shareholder entitled to the
payment of the dividend, the company shall, within seven days from the date of expiry of the said period
of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed to a special
account to be opened by the company in that behalf in any scheduled bank to be called the Unpaid
Dividend Account.
(2) The company shall, within a period of ninety days of making any transfer of an amount under sub-section (1) to the Unpaid Dividend Account, prepare a statement containing the names, their last known addresses and the unpaid dividend to be paid to each person and place it on the website of the company, if any, and also on any other website approved by the Central Government for this purpose, in such form, manner and other particulars as may be prescribed. (3) If any default is made in transferring the total amount referred to in sub-section (1) or any part thereof to the Unpaid Dividend Account of the company, it shall pay, from the date of such default, interest on so much of the amount as has not been transferred to the said account, at the rate of twelve per cent. per annum and the interest accruing on such amount shall ensure to the benefit of the members of the company in proportion to the amount remaining unpaid to them. (4) Any person claiming to be entitled to any money transferred under sub-section (1) to the Unpaid Dividend Account of the company may apply to the company for payment of the money claimed. (5) Any money transferred to the Unpaid Dividend Account of a company in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer shall be transferred by the company along with interest accrued, if any, thereon to the Fund established under sub-section (1) of section 125 and the company shall send a statement in the prescribed form of the details of such transfer to the authority which administers the said Fund and that authority shall issue a receipt to the company as evidence of such transfer. (6) All shares in respect of which1[dividend has not been paid or claimed for seven consecutive years or more shall be] transferred by the company in the name of Investor Education and Protection Fund along with a statement containing such details as may be prescribed: Provided that any claimant of shares transferred above shall be entitled to claim the transfer of shares from Investor Education and Protection Fund in accordance with such procedure and on submission of such documents as may be prescribed. 2[Explanation.-- For the removal of doubts, it is hereby clarified that in case any dividend is paid or claimed for any year during the said period of seven consecutive years, the share shall not be transferred to Investor Education and Protection Fund.] (7) If a company fails to comply with any of the requirements of this section, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.
1. Subs. by Act 21 of 2015, s. 11, for "unpaid or unclaimed dividend has been transferred under sub-section (5) shall also be"
(w.e.f. 29-5-2015).
2. The Explanation ins. by s. 11, ibid. (w.e.f. 29-5-2015). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)This Act may be called the Government Savings 1[Promotion] Act, 1873.
Local extent.--It extends to 2[the whole of India 3* * * * *]. 4* * * * *
1. Subs. by s. 115, ibid., for "Banks" (w.e.f. 1-4-2018).
2. Subs. by the A.O.1950, for "all the Provinces of India" which had been subs, by the A. O. 1948, for "the whole of British India". 3. The words "except the State of Jammu anti Kashmir" which were subs. by Act 3 of 1951, for "except Part B States" omitted by Act 62 of 1956, s. 2 and Sch. 4. The commencement clause rep. by Act 16 of 1874, s. 1 and Sch., Pt. I. | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the matters with respect to the standing committee of the Board referred to in sub-section (8) and (9) of section 4; (b) the term of office of members (other than the ex officio members), and other conditions of service of the members, of the Board under section 5; (c) the powers and duties of the Chairman and Vice-Chairman under section 6; (d) the terms and conditions of service and the powers and duties of the General Manager under section 7; (e) the terms and conditions of service of the Financial Adviser under section 8; (f) the conditions and restrictions with respect to carrying out surveys and investigations and preparation of a Master Plan under sub-section (1) of section 12 and other matters relating thereto; (g) the additional functions of the Board under clause (e) of sub-section (1) of section 13; (h) the conditions and restrictions with respect to the general power of the Board under sub-section (1) of section 15 and other matters relating thereto; (i) the form in which, and the time when, the Board shall prepare its budget under section 20 and its annual report under section 21, and the manner in which the accounts of the Board shall be maintained and audited under section 22; (j) the manner in which the Central Government shall endeavour to resolve, under sub-section (2) of section 23, the disputes referred to therein and the form and manner in which such disputes may be referred, under sub-section (3) of that section, to arbitration; (k) the conditions and restrictions with respect to the exercise of the power to enter under section 25 and other matters relating thereto; (l) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules. | ||||||||||||||||
Related Section(s)(1) The Central Government, after consultation with the Authority, may
by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that consultation with the Authority shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Authority may make in relation to the amendment of such rules after they are made. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner of election of representatives of the Municipal Corporation of Delhi under clause (e) of sub-section (3) of section 3; (b) the qualifications and disqualifications for being chosen as, and for being, members of the Authority or the Advisory Council; (c) the salaries, allowances and conditions of service of the whole-time paid members of the Authority; 1[(cc) travelling and other allowances of the members of the Advisory Council except those of the ex officio member and such other members as are Government servants;] (d) the control and restrictions in relation to appointment of officers and other employees; 2[(dd) the stages by which the development of any particular features of a zone may be carried out;] (e) the form and content of the master plan and a zonal development plan and the procedure to be followed in connection with the preparation, submission and approval of such plans and the form, and the manner of publication, of the notice relating to any such plan in draft; (f) the local inquiries and other hearings that may be held before a plan is approved; 3[(g) the form and manner in which notice under sub-section (3) of section 11A shall be published;] (h) the fee to be paid on an application for permission under sub-section (1) of section 13 and the factors and circumstances to be taken into consideration in determining such fee; 4* * * * * (j) the manner in which nazul lands shall be dealt with after development; 5[(jj) the procedure to be observed by the 6[ Lieutenant Governor] under section 30 or section 31; (jjj) the factors to be taken into consideration in determining the rate of betterment charge in respect of property situate in any area outside the development area;] 7[(ja) the manner in which the sealing of any development under sub-section (1) of section 31A shall be made; (jb) the form in which an appeal shall be made to the Appellate Tribunal under sub-section (3) of section 31C and the fees that shall accompany such appeal;] (k) the procedure for referring any matter to the Central Government under section 36 for settlement of terms and conditions subject to which a local authority may be required to assume responsibility for amenities in any area; (l) the procedure to be followed by arbitrators in the determination of betterment charge; (m) the sum of money that may be kept in current account; 5[(mm) the procedure to be followed for borrowing moneys by way of loans or debentures and their repayment;] (n) the form of the budget of the Authority and the manner of preparing the same; (o) the form of the balance-sheet and statement of accounts; (p) the form of the annual report and the date on or before which it shall be submitted to the Central Government; (q) the manner of constitution of the pension and provident funds for whole-time paid members and officers and other employees of the Authority and the conditions subject to which such funds may be constituted; (r) any other matter which has to be, or may be, prescribed by rules.
1. Ins. by Act 4 of 1976, s. 2 (w.e.f. 24-1-1976).
2. Ins. by Act 56 of 1963, s. 28 (w.e.f. 30-12-1963). 3. Subs. by Act 56 of 1963, s. 28, for clause (g) (w.e.f. 30-12-1963). 4. Omitted by s. 28, ibid. (w.e.f. 30-12-1963). 5. Ins. by s. 28, ibid. (w.e.f. 30-12-1963). 6. Subs. by Act 36 of 1996, s. 2, for "Administrator" (w.e.f. 21-12-1996). 7. Ins. by Act 38 of 1984, s. 11 (w.e.f. 24-2-1986). | ||||||||||||||||
Related Section(s)(1) The Central Government may,
by notification, make rules to carry out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. Without prejudice to any power to make rules contained
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this
Act.
(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.
(2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)-- (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal. | ||||||||||||||||
Related Section(s)(1) The Central Government may make rules1
requiring that persons
entering 2[India] shall be in possession of passports, and for all matters ancillary or incidental to that
purpose.
(2) Without prejudice to the generality of the foregoing power such rules may (a) prohibit the entry into 2[India] or any part thereof of any person who has not in his possession a passport issued to him; (b) prescribe the authorities by whom passports must have been issued or renewed, and the conditions with which they must comply, for the purposes of this Act; and (c) provide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules. (3) Rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be 3[punishable with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both]. (4) All rules made under this section shall be published in the Official Gazette, and shall thereupon have effect as if enacted in this Act. 4[(5) Every rule 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. For Passport (Entry into India) Rules, 1950, see Gazette of India, 1950, Pt. II, Sec. 3, p. 91.
2. Subs. by Act 36 of 1949, s. 4, for "Provinces". 3. Subs. by Act 47 of 2000, s. 2, for "punishable with imprisonment for a term which may extend to three months, or with fine, or with both" (w.e.f. 8-12-2000). 4. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. | ||||||||||||||||
Related Section(s)(1) Every listed public company shall prepare in the
prescribed manner a report on each annual general meeting including the confirmation to the effect that
the meeting was convened, held and conducted as per the provisions of this Act and the rules made
thereunder.
(2) The company shall file with the Registrar a copy of the report referred to in sub-section (1) within thirty days of the conclusion of the annual general meeting with such fees as may be prescribed, or with such additional fees as may be prescribed, 1***. 2[(3) If the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.]
1. The words and figures "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 31 (w.e.f. 7-5-2018).
2. Subs. by Act 22 of 2019, s. 19, for sub-section (3) (w.e.f. 2-11-2018). (1) Where the name of a person is
entered in the register of members of a company as the holder of shares in that company but who does not
hold the beneficial interest in such shares, such person shall make a declaration within such time and in
such form as may be prescribed to the company specifying the name and other particulars of the person
who holds the beneficial interest in such shares.
(2) Every person who holds or acquires a beneficial interest in share of a company shall make a declaration to the company specifying the nature of his interest, particulars of the person in whose name the shares stand registered in the books of the company and such other particulars as may be prescribed. (3) Where any change occurs in the beneficial interest in such shares, the person referred to in sub-section (1) and the beneficial owner specified in sub-section (2) shall, within a period of thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed. (4) The Central Government may make rules to provide for the manner of holding and disclosing beneficial interest and beneficial ownership under this section. 1[(5) If any person fails to make a declaration as required under sub-section (1) or sub-section (2) or sub-section (3), he shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of two hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees.] (6) Where any declaration under this section is made to a company, the company shall make a note of such declaration in the register concerned and shall file, within thirty days from the date of receipt of declaration by it, a return in the prescribed form with the Registrar in respect of such declaration with such fees or additional fees as may be prescribed, 2***. 3[(7) If a company, required to file a return under sub-section (6), fails to do so before the expiry of the time specified therein, the company and every officer of the company who is in default shall be liable to a penalty of one thousand rupees for each day during which such failure continues, subject to a maximum of five lakh rupees in the case of a company and two lakh rupees in case of an officer who is in default.] (8) No right in relation to any share in respect of which a declaration is required to be made under this section but not made by the beneficial owner, shall be enforceable by him or by any person claiming through him. (9) Nothing in this section shall be deemed to prejudice the obligation of a company to pay dividend to its members under this Act and the said obligation shall, on such payment, stand discharged. 4[(10) For the purposes of this section and section 90, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to-- (i) exercise or cause to be exercised any or all of the rights attached to such share; or (ii) receive or participate in any dividend or other distribution in respect of such share.] 5[(11) The Central Government may, by notification, exempt any class or classes of persons from complying with any of the requirements of this section, except sub-section (10), if it is considered necessary to grant such exemption in the public interest and any such exemption may be granted either unconditionally or subject to such conditions as may be specified in the notification.]
1. Subs. by s. 18, ibid., for sub-section (5) (w.e.f. 21-12-2020).
2. The words and figures "within the time specified under section 403" omitted by Act 1 of 2018, s. 21 (w.e.f. 7-5-2018). 3. Subs. by Act 29 of 2020, s. 18, for sub-section (7) (w.e.f. 21-12-2020). 4. Ins. by Act 1 of 2018, s. 21, (w.e.f. 13-6-2018). 5. Ins. by Act 29 of 2020, s. 18 (w.e.f. 22-1-2021). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. | ||||||||||||||||
Related Section(s)(1) A director may resign from his office by giving a notice in
writing to the company and the Board shall on receipt of such notice take note of the same and the
company shall intimate the Registrar in such manner, within such time and in such form as may be
prescribed and shall also place the fact of such resignation in the report of directors laid in the
immediately following general meeting by the company:
Provided that a 1[director may also forward] a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation in such manner as may be prescribed. (2) The resignation of a director shall take effect from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later: Provided that the director who has resigned shall be liable even after his resignation for the offences which occurred during his tenure. (3) Where all the directors of a company resign from their offices, or vacate their offices under section 167, the promoter or, in his absence, the Central Government shall appoint the required number of directors who shall hold office till the directors are appointed by the company in general meeting.
1. Subs. by s. 55, ibid., for "director shall also forward" (w.e.f. 7-5-2018).
(1) Every company shall hold the first meeting of the Board of Directors
within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings
of its Board of Directors every year in such a manner that not more than one hundred and twenty days
shall intervene between two consecutive meetings of the Board:
Provided that the Central Government may, by notification, direct that the provisions of this subsection shall not apply in relation to any class or description of companies or shall apply subject to such exceptions, modifications or conditions as may be specified in the notification. (2) The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means, as may be prescribed, which are capable of recording and recognising the participation of the directors and of recording and storing the proceedings of such meetings along with date and time: Provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other audio visual means. 1[Provided further that where there is quorum in a meeting through physical presence of directors, any other director may participate through video conferencing or other audio visual means in such meeting on any matter specified under the first proviso.] (3) A meeting of the Board shall be called by giving not less than seven days notice in writing to every director at his address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means: Provided that a meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. (4) Every officer of the company whose duty is to give notice under this section and who fails to do so shall be liable to a penalty of twenty-five thousand rupees. (5) A One Person Company, small company and dormant company shall be deemed to have complied with the provisions of this section if at least one meeting of the Board of Directors has been conducted in each half of a calendar year and the gap between the two meetings is not less than ninety days: Provided that nothing contained in this sub-section and in section 174 shall apply to One Person Company in which there is only one director on its Board of Directors.
1. The proviso ins. by Act 1 of 2018, s. 56 (w.e.f. 7-5-2018).
(1) Without prejudice to the provisions contained in this
Act, a company shall unless otherwise prescribed, make investment through not more than two layers of
investment companies:
Provided that the provisions of this sub-section shall not affect,-- (i) a company from acquiring any other company incorporated in a country outside India if such other company has investment subsidiaries beyond two layers as per the laws of such country; (ii) a subsidiary company from having any investment subsidiary for the purposes of meeting the requirements under any law or under any rule or regulation framed under any law for the time being in force. (2) No company shall directly or indirectly.-- (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 any 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 of 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 provided 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, or 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 utilised by the recipient of the loan or guarantee or security. (5) No investment shall be made or loan or guarantee or security given by the company unless the resolution sanctioning it is passed at a meeting of the Board with the consent of all the directors present at the meeting and the prior approval of the public financial institution concerned where any term loan is subsisting, is obtained: Provided that prior approval of a public financial institution shall not be required where the aggregate of the loans and investments so far made, the amount for which guarantee or security so far provided to or in all other bodies corporate, along with the investments, loans, guarantee or security proposed to be made or given does not exceed the limit as specified in sub-section (2), and there is no default in repayment of loan instalments or payment of interest thereon as per the terms and conditions of such loan to the public financial institution. (6) No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits. (7) No loan shall be given under this section at a rate of interest lower than the prevailing yield of one year, three year, five year or ten year Government Security closest to the tenor of the loan. (8) No company which is in default in the repayment of any deposits accepted before or after the commencement of this Act or in payment of interest thereon, shall give any loan or give any guarantee or provide any security or make an acquisition till such default is subsisting. (9) Every company giving loan or giving a guarantee or providing security or making an acquisition under this section shall keep a register which shall contain such particulars and shall be maintained in such manner as may be prescribed. (10) The register referred to in sub-section (9) shall be kept at the registered office of the company and-- (a) shall be open to inspection at such office; and (b) extracts may be taken therefrom by any member, and copies thereof may be furnished to any member of the company on payment of such fees as may be prescribed. 3[(11) Nothing contained in this section, except sub-section (1), shall apply-- (a) to any loan made, any guarantee given or any security provided or any investment made by a banking company, or an insurance company, or a housing finance company in the ordinary course of its business, or a company established with the object of and engaged in the business of financing industrial enterprises, or of providing infrastructural facilities; (b) to any investment-- (i) made by an investment company; (ii) made in shares allotted in pursuance of clause (a) of sub-section (1) of section 62 or in shares allotted in pursuance of rights issues made by a body corporate; (iii) made, in respect of investment or lending activities, by a non-banking financial company registered under Chapter III-B of the Reserve Bank of India Act, 1934 (2 of 1934) and whose principal business is acquisition of securities.] (12) The Central Government may make rules for the purposes of this section. (13) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.-- Explanation.-- For the purposes of this section, (a) the expression "investment company" means a company whose principal business is the acquisition of shares, debentures or other securities]; (b) the expression "infrastructure facilities" means the facilities specified in Schedule VI.
1. Ins. by Act 1 of 2018, s. 62 (w.e.f. 7-5-2018).
2. Subs. by s. 62, ibid., for "sub-section(3)" (w.e.f. 7-5-2018). 3. Subs. by Act 1 of 2018, s. 62 for sub-section (11) (w.e.f. 7-5-2018). (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) The Board of Directors of 1[every listed public company] and such
other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.
(2) The Audit Committee shall consist of a minimum of three directors with independent directors forming a majority: Provided that majority of members of Audit Committee including its Chairperson shall be persons with ability to read and understand, the financial statement. (3) Every Audit Committee of a company existing immediately before the commencement of this Act shall, within one year of such commencement, be reconstituted in accordance with sub-section (2). (4) Every Audit Committee shall act in accordance with the terms of reference specified in writing by the Board which shall, inter alia, include,-- (i) the recommendation for appointment, remuneration and terms of appointment of auditors of the company; (ii) review and monitor the auditor's independence and performance, and effectiveness of audit process; (iii) examination of the financial statement and the auditors report thereon; (iv) approval or any subsequent modification of transactions of the company with related parties: 2[Provided that the Audit Committee may make omnibus approval for related party transactions proposed to be entered into by the company subject to such conditions as may be prescribed;] 3[Provided further that in case of transaction, other than transactions referred to in section 188, and where Audit Committee does not approve the transaction, it shall make its recommendations to the Board: Provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or officer of the company without obtaining the approval of the Audit Committee and it is not ratified by the Audit Committee within three months from the date of the transaction, such transaction shall be voidable at the option of the Audit Committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the company against any loss incurred by it: Provided also that the provisions of this clause shall not apply to a transaction, other than a transaction referred to in section 188, between a holding company and its wholly owned subsidiary company.] (v) scrutiny of inter-corporate loans and investments; (vi) valuation of undertakings or assets of the company, wherever it is necessary; (vii) evaluation of internal financial controls and risk management systems; (viii) monitoring the end use of funds raised through public offers and related matters. (5) The Audit Committee may call for the comments of the auditors about internal control systems, the scope of audit, including the observations of the auditors and review of financial statement before their submission to the Board and may also discuss any related issues with the internal and statutory auditors and the management of the company. (6) The Audit Committee shall have authority to investigate into any matter in relation to the items specified in sub-section (4) or referred to it by the Board and for this purpose shall have power to obtain professional advice from external sources and have full access to information contained in the records of the company. (7) The auditors of a company and the key managerial personnel shall have a right to be heard in the meetings of the Audit Committee when it considers the auditors report but shall not have the right to vote. (8) The Board's report under sub-section (3) of section 134 shall disclose the composition of an Audit Committee and where the Board had not accepted any recommendation of the Audit Committee, the same shall be disclosed in such report along with the reasons therefor. (9) Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report genuine concerns in such manner as may be prescribed. (10) The vigil mechanism under sub-section (9) shall provide for adequate safeguards against victimisation of persons who use such mechanism and make provision for direct access to the chairperson of the Audit Committee in appropriate or exceptional cases: Provided that the details of establishment of such mechanism shall be disclosed by the company on its website, if any, and in the Boards report.
1. Subs. by Act 1 of 2018, s. 57, for "every listed company" (w.e.f. 7-5-2018).
2. The proviso ins. by Act 21 of 2015, s. 14 (w.e.f. 14-12-2015). 3. Ins. by Act 1 of 2018, s. 57 (w.e.f. 7-5-2018). (1) The Board of Directors of 1[every listed public company] and such other class or
classes of companies, as may be prescribed shall constitute the Nomination and Remuneration Committee
consisting of three or more non-executive directors out of which not less than one-half shall be
independent directors:
Provided that the chairperson of the company (whether executive or non-executive) may be appointed as a member of the Nomination and Remuneration Committee but shall not chair such Committee. (2) The Nomination and Remuneration Committee shall identify persons who are qualified to become directors and who may be appointed in senior management in accordance with the criteria laid down, recommend to the Board their appointment and removal and 2[shall specify the manner for effective evaluation of performance of Board, its committees and individual directors to be carried out either by the Board, by the Nomination and Remuneration Committee or by an independent external agency and review its implementation and compliance]. (3) The Nomination and Remuneration Committee shall formulate the criteria for determining qualifications, positive attributes and independence of a director and recommend to the Board a policy, relating to the remuneration for the directors, key managerial personnel and other employees. (4) The Nomination and Remuneration Committee shall, while formulating the policy under subsection (3) ensure that-- (a) the level and composition of remuneration is reasonable and sufficient to attract, retain and motivate directors of the quality required to run the company successfully; (b) relationship of remuneration to performance is clear and meets appropriate performance benchmarks; and (c) remuneration to directors, key managerial personnel and senior management involves a balance between fixed and incentive pay reflecting short and long-term performance objectives appropriate to the working of the company and its goals: 3[Provided that such policy shall be placed on the website of the company, if any, and the salient features of the policy and changes therein, if any, along with the web address of the policy, if any, shall be disclosed in the Board's report.] (5) The Board of Directors of a company which consists of more than one thousand shareholders, debenture-holders, deposit-holders and any other security holders at any time during a financial year shall constitute a Stakeholders Relationship Committee consisting of a chairperson who shall be a nonexecutive director and such other members as may be decided by the Board. (6) The Stakeholders Relationship Committee shall consider and resolve the grievances of security holders of the company. (7) The chairperson of each of the committees constituted under this section or, in his absence, any other member of the committee authorised by him in this behalf shall attend the general meetings of the company. (8) In case of any contravention of the provisions of section 177 and this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be 4 [liable to a penalty of five lakh rupees and every officer of the company who is in default shall be liable to a penalty of one lakh rupees]: Provided that 5[inability to resolve or consider any grievance] by the Stakeholders Relationship Committee in good faith shall not constitute a contravention of this section. Explanation.-- The expression "senior management" means personnel of the company who are members of its core management team excluding Board of Directors comprising all members of management one level below the executive directors, including the functional heads.
1. Subs. by Act 1 of 2018, s. 58, for "every listed company" (w.e.f. 7-5-2018).
2. Subs. by s. 58, ibid., for "shall carry out evaluation of every director's performance" (w.e.f. 7-5-2018). 3. Subs. by s. 58, ibid., for the proviso (w.e.f. 7-5-2018). 4. Subs. by Act 29 of 2020, s. 36, for certain words (w.e.f. 21-12-2020). 5. Subs. by Act 1 of 2018, s. 58, for "non-consideration of resolution of any grievance" (w.e.f. 7-5-2018). (1) Every company shall have a Board of Directors
consisting of individuals as directors and shall have--
(a) a minimum number of three directors in the case of a public company, two directors in the case of a private company, and one director in the case of a One Person Company; and (b) a maximum of fifteen directors: Provided that a company may appoint more than fifteen directors after passing a special resolution: Provided further that such class or classes of companies as may be prescribed, shall have at least one woman director. (2) Every company existing on or before the date of commencement of this Act shall within one year from such commencement comply with the requirements of the provisions of sub-section (1). 1[(3) Every company shall have at least one director who stays in India for a total period of not less than one hundred and eighty-two days during the financial year: Provided that in case of a newly incorporated company the requirement under this sub-section shall apply proportionately at the end of the financial year in which it is incorporated]; (4) Every listed public company shall have at least one-third of the total number of directors as independent directors and the Central Government may prescribe the minimum number of independent directors in case of any class or classes of public companies. Explanation.-- For the purposes of this sub-section, any fraction contained in such one-third number shall be rounded off as one. (5) Every company existing on or before the date of commencement of this Act shall, within one year from such commencement or from the date of notification of the rules in this regard as may be applicable, comply with the requirements of the provisions of sub-section (4). (6) An independent director in relation to a company, means a director other than a managing director-- or a whole-time director or a nominee director, (a) who, in the opinion of the Board, is a person of integrity and possesses relevant expertise and experience; (b) (i) who is or was not a promoter of the company or its holding, subsidiary or associate company; (ii) who is not related to promoters or directors in the company, its holding, subsidiary or associate company; (c) who has or had no 2[pecuniary relationship, other than remuneration as such director or having transaction not exceeding ten per cent. of his total income or such amount as may be prescribed,] with the company, its holding, subsidiary or associate company, or their promoters, or directors, during the two immediately preceding financial years or during the current financial year; 3[(d) none of whose relatives-- (i) is holding any security of or interest in the company, its holding, subsidiary or associate company during the two immediately preceding financial years or during the current financial year: Provided that the relative may hold security or interest in the company of face value not exceeding fifty lakh rupees or two per cent. of the paid-up capital of the company, its holding, subsidiary or associate company or such higher sum as may be prescribed; (ii) is indebted to the company, its holding, subsidiary or associate company or their promoters, or directors, in excess of such amount as may be prescribed during the two immediately preceding financial years or during the current financial year; (iii) has given a guarantee or provided any security in connection with the indebtedness of any third person to the company, its holding, subsidiary or associate company or their promoters, or directors of such holding company, for such amount as may be prescribed during the two immediately preceding financial years or during the current financial year; or (iv) has any other pecuniary transaction or relationship with the company, or its subsidiary, or its holding or associate company amounting to two per cent. or more of its gross turnover or total income singly or in combination with the transactions referred to in sub-clause (i), (ii) or (iii);] (e) who, neither himself nor any of his relatives (i) holds or has held the position of a key managerial personnel or is or has been employee of the company or its holding, subsidiary or associate company in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed; 4[Provided that in case of a relative who is an employee, the restriction under this clause shall not apply for his employment during preceding three financial years.] (ii) is or has been an employee or proprietor or a partner, in any of the three financial years immediately preceding the financial year in which he is proposed to be appointed, of (A) a firm of auditors or company secretaries in practice or cost auditors of the company or its holding, subsidiary or associate company; or (B) any legal or a consulting firm that has or had any transaction with the company, its holding, subsidiary or associate company amounting to ten per cent. or more of the gross turnover of such firm; (iii) holds together with his relatives two per cent. or more of the total voting power of the company; or (iv) is a Chief Executive or director, by whatever name called, of any nonprofit organisation that receives twenty-five per cent. or more of its receipts from the company, any of its promoters, directors or its holding, subsidiary or associate company or that holds two per cent. or more of the total voting power of the company; or (f) who possesses such other qualifications as may be prescribed. (7) Every independent director shall at the first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year or whenever there is any change in the circumstances which may affect his status as an independent director, give a declaration that he meets the criteria of independence as provided in sub-section (6). Explanation.-- For the purposes of this section, nominee director means a director nominated by any financial institution in pursuance of the provisions of any law for the time being in force, or of any agreement, or appointed by any Government, or any other person to represent its interests. (8) The company and independent directors shall abide by the provisions specified in Schedule IV. (9) Notwithstanding anything contained in any other provision of this Act, but subject to the provisions of sections 197 and 198, an independent director shall not be entitled to any stock option and may receive remuneration by way of fee provided under sub-section (5) of section 197, reimbursement of expenses for participation in the Board and other meetings and profit related commission as may be approved by the members. 5[Provided that if a company has no profits or its profits are inadequate, an independent director may receive remuneration, exclusive of any fees payable under sub-section (5) of section 197, in accordance with the provisions of Schedule V.] (10) Subject to the provisions of section 152, an independent director shall hold office for a term up to five consecutive years on the Board of a company, but shall be eligible for reappointment on passing of a special resolution by the company and disclosure of such appointment in the Board's report. (11) Notwithstanding anything contained in sub-section (10), no independent director shall hold office for more than two consecutive terms, but such independent director shall be eligible for appointment after the expiration of three years of ceasing to become an independent director: Provided that an independent director shall not, during the said period of three years, be appointed in or be associated with the company in any other capacity, either directly or indirectly. Explanation.-- For the purposes of sub-sections (10) and (11), any tenure of an independent director on the date of commencement of this Act shall not be counted as a term under those sub-sections. (12) Notwithstanding anything contained in this Act,-- (i) an independent director; (ii) a non-executive director not being promoter or key managerial personnel, shall be held liable, only in respect of such acts of omission or commission by a company which had occurred with his knowledge, attributable through Board processes, and with his consent or connivance or where he had not acted diligently. (13) The provisions of sub-sections (6) and (7) of section 152 in respect of retirement of directors by rotation shall not be applicable to appointment of independent directors.
1. Subs. by Act 1 of 2018, s. 46, for sub-section (3) (w.e.f. 7-5-2018).
2. Subs. by 46, ibid., for "pecuniary relationship" (w.e.f. 7-5-2018). 3. Subs. by s. 46, ibid., for Clause (d) (w.e.f. 7-5-2018). 4. The proviso ins. by Act 1 of 2018, s. 46 (w.e.f. 7-5-2018). 5. Ins. by Act 29 of 2020, s. 32 (w.e.f. 18-3-2021). | ||||||||||||||||
Related Section(s)(1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
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Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). (1) The appropriate Government shall determine the nature and
categories of the officers and other employees required to assist a Tribunal in the discharge of its
functions and provide the Tribunal with such officers and other employees as it may think fit.
1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government.
1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986).
The appropriate Government may, by
notification, make rules to provide for all or any of the following matters, namely:--
(a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the 1*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government.
1. The words "principal Bench and the additional" omitted by s. 23, ibid. (w.e.f. 22-1-1986).
| ||||||||||||||||
Related Section(s)(1) Notwithstanding anything
contained in section 73, a public company, having such net worth or turnover as may be prescribed, may
accept deposits from persons other than its members subject to compliance with the requirements
provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in
consultation with the Reserve Bank of India, prescribe:
Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits: Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section. (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. (1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. (2) A company may, subject to the passing of a resolution in general meeting and subject to such rules as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on such terms and conditions, including the provision of security, if any, or for the repayment of such deposits with interest, as may be agreed upon between the company and its members, subject to the fulfilment of the following conditions, namely:-- (a) issuance of a circular to its members including therein a statement showing the financial position of the company, the credit rating obtained, the total number of depositors and the amount due towards deposits in respect of any previous deposits accepted by the company and such other particulars in such form and in such manner as may be prescribed; (b) filing a copy of the circular along with such statement with the Registrar within thirty days before the date of issue of the circular; 1[(c) depositing, on or before the thirtieth day of April each year, such sum which shall not be less than twenty per cent. of the amount of its deposits maturing during the following financial year and kept in a scheduled bank in a separate bank account to be called deposit repayment reserve account;] 2* * * * * (e) certifying that the company has not committed any default in the repayment of deposits accepted either before or after the commencement of this Act or payment of interest on, 3[such deposits and where a default had occurred, the company made good the default and a period of five years had lapsed since the date of making good the default;] and (f) providing security, if any for the due repayment of the amount of deposit or the interest thereon including the creation of such charge on the property or assets of the company: Provided that in case where a company does not secure the deposits or secures such deposits partially, then, the deposits shall be termed as unsecured deposits and shall be so quoted in every circular, form, advertisement or in any document related to invitation or acceptance of deposits. (3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in accordance with the terms and conditions of the agreement referred to in that sub-section. (4) Where a company fails to repay the deposit or part thereof or any interest thereon under sub-section (3), the depositor concerned may apply to the Tribunal for an order directing the company to pay the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other orders as the Tribunal may deem fit. (5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used by the company for any purpose other than repayment of deposits.
1. Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).
2. Clause (d) omitted by s. 15, ibid. (w.e.f. 15-8-2018). 3. Subs. by s. 15,ibid., for "such deposits;" (w.e.f. 15-8-2018) | ||||||||||||||||
Related Section(s)The Chairperson of the Tribunal shall
exercise such financial and administrative powers as may be vested in him under the rules made by the
Central Government:
Provided that the Chairperson may delegate such of his financial and administrative powers, as he may think fit, to any Judicial Member or Expert Member or officer of the Tribunal subject to the condition that the Member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the Chairperson. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4; (b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4; (c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub-section (4) of section 4; (d) the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting; (e) the selection committee and the manner of appointment of the Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6; (f) the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9; (g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10; (h) the recruitment of officers and other employees of the Tribunal under sub-section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section; (i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13; (j) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18; (k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19; (l) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24; (m) the manner of giving notice to make a complaint under clause (b) of sub-section (1) of section 30; (n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules. (3) Every rule made under this Act by the Central Government 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule. (1) The Central Government shall determine the nature and categories of the
officers and other employees required to assist the Tribunal in the discharge of its functions.
(2) The recruitment of the officers and other employees of the Tribunal shall be made by the Chairperson in such manner as may be prescribed. (3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairperson. (4) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed. | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the appointment, jurisdiction, control and functions of passport authorities; (b) the classes of persons to whom passports and travel documents referred to respectively in sub-section (1) and sub-section (2) of section 4 may be issued; (c) the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made; (d) the period for which passports and travel documents shall continue in force; (e) the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; 1[(ee) specifying the foreign country for the purposes of the Explanation to sub-section (1) of section 5;] (f) the fees payable in respect of 2[any application for the issue of a passport under sub-section (1) of section 5 or issue of a passport for visiting a foreign country referred to in sub-section (1A) of section 5] or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this Act; (g) the appointment of appellate authorities under sub-section (1) of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (h) the services (including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefor; (i) any other matter which is to be or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of the Act. (3) Every rule 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 18 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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1 Ins. by Act 31 of 1978, s. 6 (w.e.f. 18-8-1978).
2 The words "issue or renewal of a passport" of clause (f) were subs. by Act 31 of 1978, s. 6 (w.e.f.18-8-1978) to read as issue or renewal of a passport for visiting a foreign country referred to in sub-section (1A) of section 5and the words any application for the issue or renewal of a passport were further subs. by Act 35 of 1993, s.10 to read as above (w.e.f.1-7-1993). 3 Subs. by Act 31 of 1978, s. 6, for certain words (w.e.f. 18-8-1978). | ||||||||||||||||
Related Section(s)56. Restriction on power to grant lease of 1[waqf] property.--(1) 2[A lease for any period
exceeding thirty years] of any immovable property which is 1[waqf] property, shall,
notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time
being in force, be void and of no effect:
3[Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government: Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect: Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading national and regional news papers.] (2) 4[A lease for a period of one year but not exceeding thirty years] of immovable property which is 1[waqf] property shall, notwithstanding anything contained in the deed or instrument of 1[waqf] or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the Board. (3) The Board shall, in granting sanction for lease 5*** or renewal thereof under this section review the terms and conditions on which the lease 5*** is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct: 3[Provided that the Board shall immediately intimate the State Government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of forty-five days from the date on which the Board intimates the State Government.] 3[(4) Every rule made by the Central Government under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 27 of 2013, s. 4, for "wakf" (w.e.f. 1-11-2013).
2. Subs. by, s. 35, ibid., for "A lease or sub-lease for any period exceeding three years" (w.e.f. 1-11-2013). 3. Ins. by s. 35, ibid. (w.e.f. 1-11-2013). 4. Subs. by s. 35, ibid., for "A lease or sub-lease for any period exceeding one year and not exceeding three years" (w.e.f. 1-11-2013). 5. The words "or sub-lease" omitted by s. 35, ibid. (w.e.f. 1-11-2013). | ||||||||||||||||
Related Section(s)(1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
(1) Where the ownership of any motor vehicle registered under this
Chapter is transferred,--
(a) the transferor shall,-- (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)-- (A) the no objection certificate obtained under section 48; or (B) in a case where no such certificate has been obtained,-- (I) the receipt obtained under sub-section (2) of section 48; or (II) the postal acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted; (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. (2) Where-- (a) the person in whose name a motor vehicle stands registered dies, or (b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government. (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) hereafter in this section referred to as the other person fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2). (6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. (7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. (1) The power to make
rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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 rule, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme 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 without prejudice to the validity of anything previously done under that rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the 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 without prejudice to the validity of anything previously done under that notification.]
1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019).
2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). The Central Government may make rules--
1[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 2[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 3[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 3[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 4[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 4[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in 5*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government.
1. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015).
2. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015).
3. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019).
5. The words, brackets and figure "sub-section (1) of" omitted by s. 14, ibid. (w.e.f. 1-9-2019).
The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 1[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for "No Objection Certificate" shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 2[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 2[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government.
1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). (1) Subject to the provisions of sections 59 and 60,
a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it
carries a certificate of fitness in such form containing such particulars and information as may be
prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing
station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the
requirements of this Act and the rules made thereunder:
Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 1[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 2[(2) The "authorised testing station" referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.] (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 3[Provided that no such cancellation shall be made by the prescribed authority unless, -- (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: Provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority.] (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. 4[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as the Central Government may prescribe, the provisions of this section may be extended to non-transport vehicles.]
1. Ins. by, s. 23, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 23, ibid., for "sub-section (2)" (w.e.f. 1-9-2019). 3. The proviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1-9-2019). 4. Ins. by s. 23, ibid., (w.e.f. 1-9-2019). (1) The Central Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
or any of the following matters, namely:--
(a) the width, height, length and overhang of vehicles and of the loads carried; 1[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components 2[including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 3[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 2[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 2[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,-- (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.
1. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 3. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules for the purpose of carrying into effect the provisions of this Part.
1[(2) In particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for-- (a) the allowances or fees payable to the members of the Board; (b) the terms and conditions of service of the members of the Board; 2[(c) the form and manner of making an application to the Board for a certificate under sub-section (1) of section 4; (ca) the manner of examination of film under sub-section (2) of section 4; (cb) the media for exhibition of film and the form and manner of making an application to the Board in this regard under sub-section (3) of section 4;] 3[(cc) the authorised officer and the manner of levy of penalty by him in terms of clauses (d) to (f) of sub-section (1) of section 7; (cd) the period, form and manner of preferring appeal and appellate authority under sub-section (4) of section 7;] (d) the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7B to issue provisional certificates and the period of validity of such certificates; (e) the manner in which the Board may consult any advisory panel in respect of any film; (f) the allowances or fees payable to the members of advisory panel; (g) the marking of the films; 4** * * *; (l) the conditions (including conditions relating to the length of films in general or any class of films, in particular) subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused; (m) any other matter which is required to be or may be prescribed.] 5[(3) Every rule made by the Central Government under this Part 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 rule or both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.]
1. Subs. by Act 49 of 1981, s. 18, for sub-section (2) (w.e.f. 1-6-1983).
2. Subs. by Act 12 of 2023, s. 10 for clause (c) (w.e.f. 11-8-2023). 3. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-9-2023). 4. Clauses (h), (i), (j) and (k) omitted by Act 33 of 2021, s. 9 (w.e.f. 4-4-2021). 5. Subs. by Act 25 of 1973, s. 4, for sub-section (3). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the form of application for savings certificates and the issue and discharge of such certificates; (b) the maximum limits of holdings; (c) the conditions as to payment of interest or discount relating to any class of savings certificates and the recovery of any interest paid on any amount held in excess of the maximum limits in the same manner as an arrear of land revenue or in any other manner; (d) the transfer and conversion of savings certificates and the fees to be levied in respect thereof; (e) the replacement of savings certificates mutilated, lost or destroyed and the fees payable in respect thereof; (f) the form of nominations, the manner in which and the conditions subject to which nominations may be made and the registration of nominations; (g) the manner in which any person may be appointed for the purposes of sub-section (3) of section 6; (h) the variation or cancellation of nominations and the registration of such variations or cancellations; (i) the fees that may be levied for registration, variation or cancellation of nominations; 1[(ia) the limit under sub-section (4) of section 7;] (j) any other matter which has to be, or may be, prescribed. (3) Every rule made under this section 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 2[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 both Houses agree that the rule should not be made, the rule 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 prejudice to the validity of anything previously done under that rule.
1. Ins. by Act 56 of 1985, s. 3 (w.e.f. 4-9-1985).
2. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984). | ||||||||||||||||
Related Section(s) (1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules. (3) Any rule made under sub-section (1) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues. (4) Every rule made under this section and every regulation made by Securities and Exchange Board 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 rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 shall be without prejudice to the validity of anything previously done under that rule or regulation. .(1) For the purposes of this Part, the word
"company" includes any partnership firm, limited liability partnership, cooperative society, society or any
other business entity formed under any other law for the time being in force which applies for registration
under this Part.
(2) With the exceptions and subject to the provisions contained in this section, any company formed, whether before or after the commencement of this Act, in pursuance of any Act of Parliament other than this Act or of any other law for the time being in force or being otherwise duly constituted according to law, and consisting of 1[two or more members], may at any time register under this Act as an unlimited company, or as a company limited by shares, or as a company limited by guarantee, in such manner as may be prescribed and the registration shall not be invalid by reason only that it has taken place with a view to the company's being wound up: Provided that-- (i) a company registered under the Indian Companies Act, 1882 (6 of 1882) or under the Indian Companies Act, 1913 (7 of 1913) or the Companies Act, 1956 (1 of 1956), shall not register in pursuance of this section; (ii) a company having the liability of its members limited by any Act of Parliament other than this Act or by any other law for the time being in force, shall not register in pursuance of this section as an unlimited company or as a company limited by guarantee; (iii) a company shall be registered in pursuance of this section as a company limited by shares only if it has a permanent paid-up or nominal share capital of fixed amount divided into shares, also of fixed amount, or held and transferable as stock, or divided and held partly in the one way and partly in the other, and formed on the principle of having for its members the holders of those shares or that stock, and no other persons; (iv) a company shall not register in pursuance of this section without the assent of a majority of such of its members as are present in person, or where proxies are allowed, by proxy, at a general meeting summoned for the purpose; (v) where a company not having the liability of its members limited by any Act of Parliament or any other law for the time being in force is about to register as a limited company, the majority required to assent as aforesaid shall consist of not less than three-fourths of the members present in person, or where proxies are allowed, by proxy, at the meeting; (vi) where a company is about to register as a company limited by guarantee, the assent to its being so registered shall be accompanied by a resolution declaring that each member undertakes to contribute to the assets of the company, in the event of its being wound up while he is a member, or within one year after he ceases to be a member, for payment of the debts and liabilities of the company or of such debts and liabilities as may have been contracted before he ceases to be a member, and of the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves, such amount as may be required, not exceeding a specified amount. 2[(vii) a company with less than seven members shall register as a private company.] (3) In computing any majority required for the purposes of sub-section (1), when a poll is demanded, regard shall be had to the number of votes to which each member is entitled according to the regulations of the company.
1. Subs. by Act 1 of 2018, s. 75, for "seven or more members" (w.e.f. 15-8-2018).
2. Ins. by s. 75, ibid. (w.e.f. 15-8-2018). | ||||||||||||||||
Related Section(s)1[15. Procedure and manner of furnishing information by reporting entities.-- The Central Government may, in consultation with the Reserve Bank of India, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2[section 11A, sub-section (1) of section 12 and sub-section (1) of section 12AA] for the purpose of implementing the provisions of this Act.]
1. Subs. by s. 13, ibid., for section 15 (w.e.f. 15-2-2013).
2. Subs. by Act 23 of 2019, s. 196, for "sub-section (1) of section 12" (w.e.f. 1-8-2019). (1) The Director may, either of his own motion or on an
application made by any authority, officer or person, 1[make such inquiry or cause such inquiry to be
made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this
Chapter.]
2[(1A) If at any stage of inquiry or any other proceedings before him, the Director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the Central Government for this purpose. (1B)The expenses of, and incidental to, any audit under sub-section (1A) shall be borne by the Central Government.] 3[(2) If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under this Chapter, then, without prejudice to any other action that may be taken under any other provisions of this Act, he may-- (a) issue a warning in writing; or (b) direct such reporting entity or its designated director on the Board or any of its employees, to comply with specific instructions; or (c) direct such reporting entity or its designated director on the Board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking; or (d) by an order, impose a monetary penalty on such reporting entity or its designated director on the Board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure.] (3) The Director shall forward a copy of the order passed under sub-section (2) to every banking company, financial institution or intermediary or person who is a party to the proceedings under that sub-section. 4[Explanation.--For the purpose of this section, "accountant" shall mean a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949).]
1. Subs. by s. 11, ibid., for certain words, brackets and figures (w.e.f. 15-2-2013).
2. Ins. by s. 11, ibid. (w.e.f. 15-2-2013). 3. Subs. by s. 11, ibid., for sub-section (2) (w.e.f. 15-2-2013). 4 The Explanation inserted by Act 2 of 2013, s. 11 (w.e.f. 15-2-2013). 1[12. Reporting entity to maintain records.--(1) Every reporting entity shall--
(a) maintain a record of all transactions, including information relating to transactions covered under clause (b), in such manner as to enable it to reconstruct individual transactions; (b) furnish to the Director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed; 2***** (e) maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. (2) Every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. (3) The records referred to in clause (a) of sub-section (1) shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. (4) The records referred to in clause (e) of sub-section (1) shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. (5) The Central Government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this Chapter.]
1. Subs. by s. 9, ibid., for section 12 (w.e.f. 15-2-2013).
2. Clauses (c) and (d) omitted by Act 14 of 2019, s. 28 (w.e.f. 25-07-2019). | ||||||||||||||||
Related Section(s)(1) The Central Government may, subject
to the provisions of section 36, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than 1[two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of 2[Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 3[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4[and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government.
1. Subs. by Act 19 of 1986, s. 22, for "three Members" (w.e.f. 22-1-1986).
2. Subs. by Act 1 of 2007, s. 15, for "Chairman, Vice-Chairman or other Member" (w.e.f. 19-2-2007). 3. Subs. by s. 15, ibid., for "Chairman, Vice-Chairman and other Member" (w.e.f. 19-2-2007). 4. Subs. by Act 19 of 1986, s. 22, for "and the fees payable in respect of such application" (w.e.f. 22-1-1986). 1[1. Short title, extent and commencement.--(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends,-- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* * * * * (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date3 as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint.]
1. Subs. by Act 19 of 1986, s. 2, for "any corporation owned or controlled by the Government" (w.e.f. 22-1-1986).
2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3.1st July, 1985, vide notification No. G.S.R. 527(E), dated by 1st July, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(i). | ||||||||||||||||
Related Section(s)(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. (3) Every rule 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. |