Search Results on order for query: "Order"
Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
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 Gazette of India, make such provisions,
not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of three 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. | ||||||||||||||||
Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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2013-07-03
Non-availability Of Sufficient Opportunities For The Mandatory On-board Sea Training For The Candidates Passing Out From The Various Approved Maritime Training Institutes, And Indian Maritime University, Conducting Approved Pre-sea Courses–obtaining Recruitment And Placement Service Licenses By Such Institutions, Dg Shipping Order No.17 Of 2013
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)1[(1) Notwithstanding anything contained in the Indian Telegraph Act,
1885 (13 of 1885), the functions of the Authority shall be to--
(a) make recommendations, either suo motu or on a request from the licensor, on the following matters, namely:-- (i) need and timing for introduction of new service provider; (ii) terms and conditions of licence to a service provider; (iii) revocation of license for non-compliance of terms and conditions of licence; (iv) measures to facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services; (v) technological improvements in the services provided by the service providers; (vi) type of equipment to be used by the service providers after inspection of equipment used in the network; (vii) measures for the development of telecommunication technology and any other matter relatable to telecommunication industry in general; (viii) efficient management of available spectrum; (b) discharge the following functions, namely:-- (i) ensure compliance of terms and conditions of licence; (ii) notwithstanding anything contained in the terms and conditions of the licence granted before the commencement of the Telecom Regulatory Authority of India (Amendment) Act, 2000 (2 of 2000), fix the terms and conditions of inter-connectivity between the service providers; (iii) ensure technical compatibility and effective inter-connection between different service providers; (iv) regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services; (v) lay-down the standards of quality of service to be provided by the service providers and ensure the quality of service and conduct the periodical survey of such service provided by the service providers so as to protect interest of the consumers of telecommunication service; (vi) lay-down and ensure the time period for providing local and long distance circuits of telecommunication between different service providers; (vii) maintain register of inter-connect agreements and of all such other matters as may be provided in the regulations; (viii) keep register maintained under clause (vii) open for inspection to any member of public on payment of such fee and compliance of such other requirement as may be provided in the regulations; (ix) ensure effective compliance of universal service obligations; (c) levy fees and other charges at such rates and in respect of such services as may be determined by regulations; (d) perform such other functions including such administrative and financial functions as may be entrusted to it by the Central Government or as may be necessary to carry out the provisions of this Act: Provided that the recommendations of the Authority specified in clause (a) of this sub-section shall not be binding upon the Central Government: Provided further that the Central Government shall seek the recommendations of the Authority in respect of matters specified in sub-clauses (i) and (ii) of clause (a) of this sub-section in respect of new licence to be issued to a service provider and the Authority shall forward its recommendations within a period of sixty days from the date on which that Government sought the recommendations: Provided also that the Authority may request the Central Government to furnish such information or documents as may be necessary for the purpose of making recommendations under sub-clauses (i) and (ii) of clause (a) of this sub-section and that Government shall supply such information within a period of seven days from receipt of such request: Provided also that the Central Government may issue a licence to a service provider if no recommendations are received from the Authority within the period specified in the second proviso or within such period as may be mutually agreed upon between the Central Government and the Authority: Provided also that if the Central Government, having considered that recommendation of the Authority, comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall refer the recommendation back to the Authority for its reconsideration, and the Authority may, within fifteen days from the date of receipt of such reference, forward to the Central Government its recommendation after considering the reference made by that Government. After receipt of further recommendation if any, the Central Government shall take a final decision.] (2) Notwithstanding anything contained in the Indian Telegraph Act, 1885 (13 of 1885), the Authority may, from time to time, by order, notify in the Official Gazette the rates at which the telecommunication services within India and outside India shall be provided under this Act including the rates at which messages shall be transmitted to any country outside India: Provided that the Authority may notify different rates for different persons or class of persons for similar telecommunication services and where different rates are fixed as aforesaid the Authority shall record the reasons therefor. (3) While discharging its functions 2[under sub-section (1) or sub-section (2)], the Authority shall not act against the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality. (4) The Authority shall ensure transparency while exercising its powers and discharging its functions.
1 Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 24-1-2000).
2 Subs. by Act 2 of 2000, s. 9, for "under sub-section (1)" (w.e.f. 24-1-2000). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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)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. | ||||||||||||||||
Related Section(s)12[76. Certificates of
competency to be held by officers of ships.--(1) Every Indian ship, when
going to sea from any port or place, shall be provided with officers duly certificated under this Act in
accordance with such manning scales as may be prescribed:
Provided that the Central Government may prescribe different manning scales for different types of ships. (2) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches.]]
1. Subs. by s. 3, ibid., for sections 75 and 76 (w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 2, for section 76 (w.e.f.1-2-2003). | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)In this Act unless the context otherwise requires-
1[(a) "amenity" includes road, water supply, street lighting, drainage, sewerage, development of public parks and open spaces, solid waste management and disposal, sewage treatment plant and other public works including utilities, services and such other conveniences as the State Government may, by notification in the Gazette, specify to be an amenity for the purposes of this Act.,] (b) "building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not: (c) "building operations" includes rebuilding structural alterations of, or additions to, buildings operations normally undertaken in connection the construction of buildings: (d) "bye-law" means a bye-law made under this Act by the Development Authority: 2[(dd) "Chairman" and "Vice-Chairman" shall mean respectively the Chairman and Vice-Chairman of the Development Authority.] 3[(ddd) "City development charge" means the charge levied on a private developer under section 38-A for development of land;] (e) "development" with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in any building or land, and includes re- development: (f) "Development Area" means any area declared, development area under Section 3: (g) "the Development Authority" or "the Authority", in relation to any development area, means the Development Authority constituted under Section 4 -for that area: 4[(gg) "Development Authorities Centralised Service" means a Centralised Service created under Section 5-A):] 5[(ggg) "development fee" means the fee levied under section 15 for providing amenities in the development area and improvement and maintenance thereof;] (h) "engineering operation" includes the formation or laying out means of access to a road or the laying out of means of water supply: 6[(hh) "Land use conversion charge" means the charge levied on a person or body under section 38-A for the change of land use in the Master Plan or Zonal Plan; ] 7[(hhh) "License fee" means the fee levied on a private developer under section 39-B seeking license for assembly and development of land within the development area;] (i) "means of access" includes any means of access, whether private or public for vehicles or for foot passengers, and includes a road: 8[(ii) "mutation charges" means the charges, levied under Section 15 upon the person seeking mutation in his name of a property allotted by the Authority to another person:] 9[(iii) "Private developer" means an individual, company or association, body of individuals whether incorporated or not, owing or assembling or agreeing to own or assemble, whether by purchase or otherwise, land for development and to whom a license has been granted under section 39-B of this Act;] (j) "regulation" means a regulation made under this Act by the Development Authority. (k) "rule" means a rule made under this Act by the State Government: 10[(kk) "special amenity" includes projects of vital importance such as mass rapid transit systems (metro rail, light rail, regional rapid rail, bus rapid transit system, ropeway, etc), freeways (elevated roads, etc), urban revitalization projects (river front development, etc) or any other major infrastructure project which may be notified to be as such by the State Government;] 11[(kkk) "special amenity fee" means the fee levied under sub-section (2-B) of section 15 for provision of special amenities in the development area and improvement and maintenance thereof;] 12[(kkkk) "Stacking fees" means the fees levied under Section 15 upon the person or body who keeps building materials on the land of the Authority or on a public street or public places:] (l) "to erect a building", with its grammatical variations, includes- (i) any material alteration or enlargement of any building; (ii) the conversion by structural alteration- 13[(ll) "urban use charge" means the change levied upon a person or body under section 38B; ] 14 [(lll) "water fees" means the fees levied under Section 15 upon a person or body for using water supplied by the Authority for building operation or construction of buildings.] (a) of a building not originally constructed for human habitation into a place for human habitation; or (b) into more than one place for human habitation, of a building originally constructed as one such place; or (c) of two or more places of human habitation, into a greater number of such places; (iii) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security; (iv) the addition of any rooms, buildings, houses or other structures to any building; and (v) the construction, in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land; (m) "zone" means any one of the divisions in which a development area may be divided for the purposes of development under this Act: (n) the expression "land" has the meaning assigned to it in Section 3 of the land Acquisition Act, 1894.
1. Subs. by sec. 2(a) of U.P. Act no. 12 of 2023.
2. Ins. by sec. 5 of U. P. Act No. 13 of 1975.
3. Ins. by sec. 2(a) of U. P. Act No. 01 of 2008.
4. Ins. by sec. 2 of U. P. Act No. 21 of 1985.
5. Subs. by sec. 2 (b) of U. P. Act No. 12 of 2023.
6. Ins. by sec. 2 (b) of U. P. Act No. 01 of 2008.
7. Ins. by sec. 2 (b) of U. P. Act No. 03 of 1997.
8. Ins. by sec. 2 (c) of U. P. Act No. 01 of 2008.
9. Ins. by sec. 2 (c) of U. P. Act No. 12 of 2023.
10. Re-numbered as such by sec. 2(d) of U.P. Act No. 12 of 2023.
11. Ins. by sec. 2 (e) of ibid.
12. Renumbered as such by sec. 2(f) of ibid.
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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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(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
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(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 order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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) It shall be the business of the seamen's
employment offices--
1[(a) to issue licence, to regulate and control the recruitment and placement service, and to-- (i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers; (ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and (iii) to maintain registers of seamen in respect of the categories of seamen.] (c) to perform such other duties relating to seamen and merchant ships as are, from time to time, committed to them by or under this Act. 2***** (3) The Central Government may make rules for the purpose of enabling seamens employment offices effectively to exercise their powers under this Act; and in particular and, without prejudice to the generality of such power, such rules may, provide for-- (a) consultation with respect to any specified matter by seamen's employment offices with such advisory boards or other authorities as the Central Government may think fit to constitute or specify in this behalf; 3[(b) the levy and collection of such fees as may be specified for the issue of licences to recruitment and placement services, renewal of such licences and services to be rendered by the seamen's employment office; (c) the issue of directions by the Central Government to any seamen's employment office or any recruitment and placement service with reference to the exercise of any of its powers; (ca) the conditions under which the recruitment and placement service to recruit and place seafarers abroad; (cb) the circumstances and conditions under which licence to be suspended or withdrawn; (cc) the conditions under which seafarers' personal data to be processed by the recruitment and placement services including the collection, storage, combination and communication of such data to third parties;] (d) the supersession of any seamen's employment office which fails to comply with any such direction. 4[Explanation.--For the purposes of this section,-- (a) "recruitment and placement service" means any person, company, institution, agency or other organisation, in the public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers. 5*****
1. Subs. by Act 63 of 2002, s. 4, for clauses (a) and (b) (w.e.f. 1-2-2003).
2. Omitted by s. 4, ibid. (w.e.f. 1-2-2003). 3. Subs. by s. 4, ibid., for clauses (b) and (c) (w.e.f. 1-2-2003). 4. The Explanation ins. by Act 63 of 2002, s. 4 (w.e.f. 1-2-2003). 5. Explanation omitted by Act 32 of 2014, s. 6 (w.e.f. 1-4-2015). | ||||||||||||||||
Related Section(s)The Central Government may, subject to the condition
of previous publication, make rules prescribing--
(a) the manner of communicating information regarding dangers to navigation, and the authorities on shore to whom, such information is to be communicated; 1[(aa) the manner of communicating intelligence regarding dangers to navigation, the terms and conditions subject to which such intelligence may be communicated and the fees which may be levied for the communication of intelligence;] (b) the signals which shall be 2[signals of distress, urgency and of safety], respectively; (c) the circumstances in which, and the purposes for which, any such signal is to be used, and the circumstances in which it is to be revoked; and (d) the speed at which any message sent by 3[radio telegraphy or telephony] in connection with such signal is to be transmitted.
1. Ins. by Act 21 of 1966, s. 34 (w.e.f. 28-5-1966).
2. Subs. by s. 34, ibid., for "signals of distress and of urgency" (w.e.f. 28-5-1966). 3. Subs. by s. 34, ibid., for "radio telegraphy" (w.e.f. 28-5-1966). | ||||||||||||||||
Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)(1) No Indian ship and no other ship
chartered by a citizen of India or a company 1[or a co-operative Society] shall be taken to sea from a
port or place within or outside India except under a licence granted by the Director-General under this
section:
Provided that the Central Government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the Official Gazette, exempt any class of ships chartered by a citizen of India or a company 2[or a co-operative Society] from the provisions of this sub-section. (2) A licence granted under this section may be (a) a general licence; (b) a licence for the whole or any part of the coasting trade of India; or (c) a licence for a specified period or voyage. (3) A licence granted under this section shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the Director-General.
1 Ins. by Act 43 of 1981, s. 7 (w.e.f. 28-9-1981).
2 Subs. by Act 43 of 1981, s. 8, for "or a company which satisfies the requirements specified in clause (b) of section 21" (w.e.f. 28-9-1981). | ||||||||||||||||
Related Section(s)In Part VIII of the Constitution, for the word
“Pondicherry”, wherever it occurs, the word “Puducherry” shall be substituted.
(1) For the purpose of giving effect to the alteration of the name of the
Union territory of Pondicherry by section 3, the appropriate Government may, before the expiration of
one year from the appointed day, by order, make such adaptations and modifications of any law made
before the appointed day, whether by way of repeal or amendment, as may be necessary or expedient, and
thereupon every such law shall have effect subject to the adaptations and modifications so made.
(2) Nothing in sub-section (1) shall be deemed to prevent Parliament or Legislative Assembly of the Union territory of Puducherry or other competent authority from repealing or amending any law adapted or modified by the appropriate Government under the said sub-section. As from the appointed day, the
Union territory of Pondicherry shall be known as the Union territory of Puducherry.
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Related Section(s)(1) The Central Government may by, notification in the Official Gazette, appoint
at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the
purposes of this Act.
1[(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.] (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act. (4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.
1. Ins. by Act 21 of 1966, s. 3 (w.e.f. 25-8-1966).
1[435D. Port of registry.--(1) The ports at which registration of Indian fishing boats shall be
made shall be such ports or places in India as the Central Government may, by notification in the
Official Gazette, declare to be ports or places of registry under this Part.
(2) The port or place at which an Indian fishing boat is registered for the time being under this Part, shall be deemed to be her port or place of registry and the port or place to which she belongs.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
1[435E. Registrars of Indian fishing boats.--The Central Government may, by notification in the
Official Gazette, appoint an officer to be registrar of Indian fishing boats (hereafter in this Part
referred to as registrar) at every port or place declared as a port or place of registry under sub-section
(1) of section 435D.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
| ||||||||||||||||
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. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)86. Recognition of certificate of competency 2*** granted in other countries.--(1) If
provision is made by the laws in force in any country other than India for the grant of certificates of
competency 1*** similar to those referred to in this Act, and the Central Government is satisfied--
(a) that the conditions under which any such certificates are granted in that country require standards of competency 1*** not lower than those required for the grant under this Act of corresponding certificates; and (b) that certificates granted under this Act are accepted in that country in lieu of the corresponding certificates granted under the laws of that country; the Central Government may, by notification in the Official Gazette, declare that any certificate of competency 3*** granted under the laws in force in that country and specified in that notification, shall for the purposes of this Act be recognised as equivalent to the corresponding certificate of competency 3*** granted under this Act and specified in the notification (2) Whenever the provisions of this Act require that a person employed in any capacity on board any ship shall be the holder of a specified certificate of competency 3*** granted under this Act, any person employed in that capacity shall, if he is the holder of a certificate recognised under sub-section (1) as equivalent to the first-mentioned certificate or to a certificate of higher grade granted under this Act, and still in force, be deemed to be duly certificated under this Act
1. The word "and" omitted by s. 6, ibid. (w.e.f. 1-7-1989).
2. The words "or service" omitted by Act 33 of 1986, s. 3 (w.e.f. 14-8-1986). 3. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989). 12[76. Certificates of
competency to be held by officers of ships.--(1) Every Indian ship, when
going to sea from any port or place, shall be provided with officers duly certificated under this Act in
accordance with such manning scales as may be prescribed:
Provided that the Central Government may prescribe different manning scales for different types of ships. (2) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches.]]
1. Subs. by s. 3, ibid., for sections 75 and 76 (w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 2, for section 76 (w.e.f.1-2-2003). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
No
person shall engage or carry to sea any seaman under this Act in any ship, except a home-trade ship of
less than two hundred tons gross, from any port in India unless the seaman is in possession of a
certificate of discharge or a continuous certificate of discharge issued under this Part.
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Related Section(s) Section
3
:
Power to specify commodities which are required to be packed in jute packaging material.
(1) Notwithstanding anything contained in any other law for the time being in force, the
Central Government may, if it is satisfied, after considering the recommendations made to it by the
Standing Advisory Committee, that it is necessary so to do in the interests of production of raw jute and
jute packaging material, and of persons engaged in the production thereof, by order published in the
Official Gazette, direct, from time to time, that such commodity or class of commodities or such
percentage thereof, as may be specified in the order, shall, on and from such date, as may be specified in
the order, be packed for the purposes of its supply or distribution in such jute packaging material as may
be specified in the order:
Provided that until such time as the Standing Advisory Committee is constituted under section 4, the Central Government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the Standing Advisory Committee makes its recommendations. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. (1) The Central Government shall, with a view
to determining the commodity or class of commodities or percentages thereof in respect of which jute
packaging material shall be used in their packing, constitute a Standing Advisory Committee consisting of
such persons as have, in the opinion of that Government, the necessary expertise to give advice in the
matter.
(2) The Standing Advisory Committee shall, after considering the following matters, indicate its recommendations to the Central Government, namely:-- (a) the existing level of usage of jute material; (b) the quantity of raw jute available; (c) the quantity of jute material available; (d) the protection of interests of persons engaged in the jute industry and in the production of raw jute; (e) the need for continued maintenance of jute industry; (f) the quantity of commodities which, in its opinion, is likely to be required for packing in jute material; (g) such other matters as the Standing Advisory Committee may think fit. (1) 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, exempt any
person or class of persons, supplying or distributing any commodity or class of commodities, from the
operation of an order made under section 3.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. | ||||||||||||||||
Related Section(s)(1) The following enactments shall stand repealed on and from the dates
the notification referred to in sub-section (2) of section 1 is issued, namely:---
(a) The Factories Act, 1948 (63 of 1948); (b) The Plantations Labour Act, 1951 (69 of 1951); (c) The Mines Act, 1952 (35 of 1952); (d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955); (e) The Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958); (f) The Motor Transport Workers Act, 1961 (27 of 1961); (g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966); (h) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970); (i) The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); (j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979); (k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981); (l) The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986); (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996). (2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed for the purposes under any of the provisions of the enactments repealed by this Code, shall be deemed to have been appointed under this Code for such purposes under this Code. (3) Notwithstanding repeal under sub-section (1), anything done or any action taken under the enactments so repealed (including any rule, regulation, bye-laws, notification, nomination, appointment, order or direction made there under) shall be deemed to have been done or taken under the corresponding provisions of this Code and shall remain in force to the extent they are not contrary to the provisions of this Code till they are repealed by the Central Government. (4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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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 be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period 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. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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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 be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period 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. | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)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 Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)A Committee shall, for the purposes of this Act, have the
power to -
(i) issue or renew licenses under this Act on such terms and conditions and subject to such restrictions as may be prescribed, or, after recording reasons therefor, refuse to issues or renew any such license ; (ii) suspend or cancel licenses issued or renewed under this Act; Provided that before cancelling a license except on the ground of conduct which has led to the conviction of the licensee under section 37, the Committee shall afford reasonable opportunity to him to show cause against the action proposed ; 1[(iii) levy and collect, - (a) such fees as may be prescribed for the issue or renewal of licenses ; and (b) market fee which shall be payable on transactions of sale of specified agricultural produce in the market area at such rates, being not less than one percentum and 2[not more than two percentum] of the price of the agricultural produce so sold as the State Government may specify by notification, and development cess which shall be payable on such transactions of sale at the rate of half percentum of the price of the agricultural produce so sold, and such fee or development cess shall be realized in the following manner :- (1) if the produce is sold through a commission agent, the commission agent may realize the market fee and the development cess from the purchaser and shall be liable to pay the same to the Committee; (2) if the produce is purchased directly by a trader from a producer, the trader shall be liable to pay the market fee and development cess to the Committee ; (3) if the produce is purchased by a trader from another trader, the trader selling the produce may realize it from the purchaser and shall be liable to pay the market fee and development cess to the Committee ; Provided that notwithstanding anything to the contrary contained in any judgment, decree or order of any court, the trader selling the produce shall be liable and be deemed always to have been liable with effect from June 12, 1973 to pay the market fee to the Committee and shall not be absolved from such liability on the ground that he has realized it from the purchaser ; Provided further that the trader selling the produce shall not be absolved from the liability to pay the development cess on the ground that he has not realized it from the purchaser ; (4) in any other case of sale of such produce, the purchaser shall be liable to pay the market fee and development cess to the Committee ; Provided that no market fee or development cess shall be levied or collected on the retail sale of any specified agricultural produce where such sale is made to the consumer for his domestic consumption only ; Provided further that notwithstanding anything contained in this Act, the Committee may at the option of, as the case may be, the commission agent, trader or purchaser, who has obtained the license, accept a lump sum in lieu of the amount of market fee or development cess that may be payable by him for an agricultural year in respect of such specified agricultural produce, for such period, or such terms and in such manner as the State Government may, by notified order specify ; Provided also that 4[ * * *] no market fee or development cess shall be levied on transactions of sale of specified agricultural produce on which market fee or development cess has been levied in any market area if the trader furnishes in the form and manner prescribed, a declaration or certificate that on such specified agricultural produce market fee or development cess has already been levied in any other market area. 5[(c) User charge shall be levied and collected by the market committee in consideration to the rendered material or services in the principal market yard/sub-market yard/market sub-yard, as prescribed by the state government.] 6[(iii-a) realize interest calculated in the manner prescribed in the bye-laws 7[at the rate prescribed in the Uttar Pradesh Trade Tax Act, 1948 for the unpaid amount of Trade tax] on the unpaid amount of market fee from the date immediately following the period prescribed for payment of market fee in the bye-laws ;] (iv) operate and utilize the Market Committee Fund for all or any of the purposes of this Act ; 8[(v) raise from the State Government or the Board or, subject to previous sanction by the Board, from any other Committee or a recognized financial institution, moneys required for discharging its functions under this Act ;] 9[(v-a) advance loans to the Board on such terms and conditions as may be mutually agreed upon between the Board and the Committee; (v-b) advance loans to any other Committee subject to previous sanction of the Director on such terms and conditions as the Board may determine ; ] (vi) employ, subject to the provisions of section 23, officers and servants of the Committee ; (vii) appoint Sub-Committees, each consisting of two or more of its members, for exercising such powers, performing such duties and discharging such functions as may be assigned to them by the Committee ; and (viii) exercise such other powers as may be prescribed. 10[Explanation - For the purpose of clause (iii), unless the contrary is proved, any specified agricultural produce taken out or proposed to be taken out of a market area by or on behalf of a licensed trader shall be presumed to have been sold within such area and in such case, the price of such produce presumed to be sold shall be deemed to be such reasonable price as may be ascertained in the manner prescribed.]
1. Subs. by sec. 17 (iii) of U. P. Act No. 04 of 1999.
2.Subs. by sec. 17 (iii) (b) of U. P. Act No. 24 of 2018.
3.Ins. by sec. 7 of U.P. Act No. 18 of 2020.
4. Omit. by sec. 2 of U. P. Act No. 1 of 2000
5.Ins. by sec. 7 of U.P. Act No. 18 of 2020
6.Ins. by sec. 3(b) of U. P. Act No. 10 of 1991.
7.Subs. by sec. 9 of U. P. Act No. 34 of 2006
8.Subs. by sec. 17 (v) of U. P. Act No. 06 of 1977.
9.Ins. by sec. 17 (v) of U. P. Act No. 06 of 1977.
10.Ins. by sec. 2 of U. P. Act No. 12 of 1987
(1) This Act may be called the Uttar Pradesh Krishi Utpadan
Mandi Adhiniyam, 1964.
(2) It extends to the whole of the Uttar Pradesh.
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Related Section(s)(1) Where a valuation is required to be made in respect of
any property, stocks, shares, debentures, securities or goodwill or any other assets (herein referred to as
the assets) or net worth of a company or its liabilities under the provision of this Act, it shall be valued by
1[a person having such qualifications and experience, registered as a valuer and being a member of an
organisation recognised, in such manner, on such terms and conditions as may be prescribed] and
appointed by the audit committee or in its absence by the Board of Directors of that company.
(2) The valuer appointed under sub-section (1) shall,-- (a) make an impartial, true and fair valuation of any assets which may be required to be valued; (b) exercise due diligence while performing the functions as valuer; (c) make the valuation in accordance with such rules as may be prescribed; and (d) not undertake valuation of any assets in which he has a direct or indirect interest or becomes so interested at any time 2[during a period of three years prior to his appointments as valuer or three years after the valuation of assets was conducted by him]. (3) If a valuer contravenes the provisions of this section or the rules made thereunder, the valuer shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees: Provided that if the valuer has contravened such provisions with the intention to defraud the company or its members, he shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees. (4) Where a valuer has been convicted under sub-section (3), he shall be liable to-- (i) refund the remuneration received by him to the company; and (ii) pay for damages to the company or to any other person for loss arising out of incorrect or misleading statements of particulars made in his report.
1. Subs. vide Notification No. S.O. 3400(E), s. 2 for certain words (w.e.f. 23-10-2017).
2. Subs. by Act 1 of 2018, s. 74, for "during or after the valuation of assets" (w.e.f. 9-2-2018). | ||||||||||||||||
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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)1[241. Contents of certificate A.--(1) The first of the certificates referred to in subsection
(1) of section 240 (hereinafter called certificate A) shall be in the prescribed form and
contain such particulars as may be prescribed.
(2) In particular and without prejudice to the generality of the foregoing power, certificate A shall contain the following statements and particulars, namely:-- (i) that the ship is seaworthy; (ii) that the ship is properly equipped, fitted and ventilated; (iii) the number of special trade passengers the ship is certified to carry; and (iv) such other particulars as may be prescribed. (3) Certificate A shall remain in force for a period of one year from the date of issue or for such shorter period as may be specified therein.]
1 . Subs. by s. 5, ibid., for section 241 (w.e.f. 1-2-1976).
1[(1) A ship intended to carry special trade
passengers between ports or places in India shall not commence a voyage from any port or place
appointed under sub-section (1) of section 237, unless the master holds certificates to the effect
mentioned in sections 241 and 242.
(1A) A ship intended to carry special trade passengers from or to a port or place in India to or from a port or place outside India shall not commence a voyage from any port or place appointed under sub-section (1) of section 237, unless the master holds-- (i) a passenger ship safety certificate; (ii) an exemption certificate; (iii) a special trade passenger ship safety certificate; (iv) a special trade passenger ship space certificate; and (v) a certificate referred to in section 242.] (2) The customs Collector whose duty it is to grant a port clearance for the ship shall not grant it 2[unless the master holds the appropriate certificate for the voyage specified in sub-section (1), or as the case may be in sub-section (1A).]
1. Subs. Act 69 of 1976, by s. 4, for sub-section (1) (w.e.f. 1-12-1976).
2. Subs. by, s. 4, ibid., for "unless the master holds the aforesaid certificates" (w.e.f.1-12-1976). The second of the certificates (hereinafter called certificate B)
shall be in the prescribed form and shall state--
(a) the voyage which the ship is to make, and the intermediate ports (if any) at which she is to touch; (b) that she has the proper complement of officers and seamen; 1[(c) that the master holds-- (i) a certificate of survey and certificate A; or (ii) a passenger ship safety certificate accompanied by an exemption certificate, a special trade passenger ship safety certificate and a special trade passenger ship space certificate; or (iii) a nuclear passenger ship safety certificate;] (d) that she has on board such number of medical officers licensed in the prescribed manner and such number of attendants, if any, as may be prescribed; (e) that food, fuel and pure water over and above what is necessary for the crew, and the other things (if any) prescribed for 2[special trade passenger ships] or pilgrim ships, have been placed on board, of the quality prescribed, properly packed, and sufficient to supply the 3[special trade passengers] or pilgrims on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the prescribed scale; (f) in the case of 4[a special trade passenger ship], if the ship is to make a voyage in season of foul weather specified as such in the rules made under section 262, and to carry upper-deck passengers, that she is furnished with substantial bulwarks and a double awning or with other sufficient protection against the weather; (g) in the case of 4[a special trade passenger ship], the number of cabin and 3[a special trade passengers] embarked at the port of embarkation; (h) such other particulars, if any, as may be prescribed for 2[special trade passenger ships] or pilgrim ships, as the case may be.
1 . Subs. by s. 6, ibid., for clause (c) (w.e.f. 1-12-1976).
2. Subs. by Act 69 of 1976, s. 2, for "unberthed passenger ships" (w.e.f. 1-12-1976). 3. Subs. by s. 2, ibid., for "unberthed passengers" (w.e.f. 1-12-1976). 4. Subs. by s. 2, ibid., for "un unberthed passenger ship" (w.e.f. 1-12-1976). | ||||||||||||||||
Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)Every registrar shall keep a book to be called the register book and entries in
that book shall be made in accordance with, the following provisions:--
(a) the property in a ship shall be divided into ten shares; (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner; (c) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein; (d) joint owners shall be considered as constituting one person and shall not be entitled to dispose in severally of any interest in a ship or any share therein in respect of which they are registered; (e) a company 1[or a co-operative society] may be registered as owner by its name.
1. Ins. by Act 43 of 1981, s. 3 (w.e.f. 28-9-1981).
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Related Section(s)(1) In the event of a
registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up or
ceasing for any reason to be an Indian ship, every owner of the ship or any share in the ship shall
immediately on obtaining knowledge of the event, if no notice thereof has already been given to the
registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an
entry thereof in the register book and its registry in that book shall be considered as closed except so
far as relates to any unsatisfied mortgages entered therein.
(2) In any such case, except where the ships certificate of registry is mislaid, lost or destroyed, the master of the ship shall, immediately if the event occurs in any port in India, or within ten days after his arrival in port if it occurs elsewhere, deliver the certificate to the registrar of the port or any other officer specified in this behalf by the Central Government if the port of arrival is in India, or if the arrival is in any port outside India to the Indian consular officer there, and the registrar if he is not himself the registrar of her port of registry or the officer so specified or the Indian consular officer, as the case may be, shall forthwith forward the certificate delivered to him to the registrar of her port of registry. (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding
anything contained in the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Central
Government may, if it is satisfied, after considering the recommendations made to it by the Advisory
Committee, that it is necessary so to do for the protection and development of the handloom industry, by
order published in the Official Gazette, direct, from time to time, that any article or class of articles shall,
on and from such date as may be specified in the order (hereinafter referred to as the date of reservation),
be reserved for exclusive production by handlooms.
(2) Every order published 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 order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. | ||||||||||||||||
Related Section(s)(1) The Central Government may by, notification in the Official Gazette, appoint
at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the
purposes of this Act.
1[(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.] (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act. (4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.
1. Ins. by Act 21 of 1966, s. 3 (w.e.f. 25-8-1966).
1[435D. Port of registry.--(1) The ports at which registration of Indian fishing boats shall be
made shall be such ports or places in India as the Central Government may, by notification in the
Official Gazette, declare to be ports or places of registry under this Part.
(2) The port or place at which an Indian fishing boat is registered for the time being under this Part, shall be deemed to be her port or place of registry and the port or place to which she belongs.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
1[435E. Registrars of Indian fishing boats.--The Central Government may, by notification in the
Official Gazette, appoint an officer to be registrar of Indian fishing boats (hereafter in this Part
referred to as registrar) at every port or place declared as a port or place of registry under sub-section
(1) of section 435D.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s) (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).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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 be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period 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. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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. | ||||||||||||||||
Related Section(s)(1) Every Indian ship, unless it is a ship which does not exceed
fifteen tons net and is employed solely in navigation on the coasts of India, shall be registered under
this Act.
(2) No ship required by sub-section (1) to be registered shall be recognised as an Indian ship unless she has been registered under this Act: Provided that any ship registered at the commencement of this Act at any port in India under any enactment repealed by this Act, shall be deemed to have been registered under this Act and shall be recognised as an Indian ship. (3) A ship required by this Act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in respect of the ship. 1[Explanation.--For the purposes of this section, "ship" does not include a fishing vessel.]
1. Explanation ins. by Act 12 of 1983, s. 4 (w.e.f. 18-5-1983).
(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
(1) No ship other than an Indian ship or a ship
chartered by a citizen of India 1[or a company or a co-operative society which satisfies the
requirements specified in clause (b) or, as the case may be, clause (c) of section 21], shall engage in
the coasting trade of India except under a licence granted by the Director-General under this section.
(2) A licence granted under this section may be for a specified period or voyage and shall be subject to such conditions as may be specified by the Director-General. (3) The Central Government may, by general or special order, direct that the provisions of sub-section (1) shall not apply in respect of any part of the coasting trade of India or shall apply subject to such conditions and restrictions as may be specified in the order.
1 Subs. by Act 43 of 1981, s. 8, for "or a company which satisfies the requirements specified in clause (b) of
section 21" (w.e.f. 28-9-1981).
(1) No Indian ship and no other ship
chartered by a citizen of India or a company 1[or a co-operative Society] shall be taken to sea from a
port or place within or outside India except under a licence granted by the Director-General under this
section:
Provided that the Central Government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the Official Gazette, exempt any class of ships chartered by a citizen of India or a company 2[or a co-operative Society] from the provisions of this sub-section. (2) A licence granted under this section may be (a) a general licence; (b) a licence for the whole or any part of the coasting trade of India; or (c) a licence for a specified period or voyage. (3) A licence granted under this section shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the Director-General.
1 Ins. by Act 43 of 1981, s. 7 (w.e.f. 28-9-1981).
2 Subs. by Act 43 of 1981, s. 8, for "or a company which satisfies the requirements specified in clause (b) of section 21" (w.e.f. 28-9-1981). | ||||||||||||||||
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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
| ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
| ||||||||||||||||
Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) With effect from such
date as the Central Government may, by notification in the official Gazette, specify, every
foreign-going Indian ship of such tonnage as may be prescribed shall be provided with, and shall
carry, a cook duly certificated under this Act.
(2) The Central Government may make rules specifying the qualifications, experience or sea service which may be required from persons who wish to obtain certificates of competency as cooks under this Act, and the conditions under which any such certificate may be granted, cancelled or suspended. (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)(1) If any difficulty arises in giving effect to the provisions of
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to
him to be necessary or expedient for the purpose of removing the difficulty.
(2) Every order made under this section shall be laid before each House of Parliament. | ||||||||||||||||
Related Section(s)(1) No Indian ship and no other ship
chartered by a citizen of India or a company 1[or a co-operative Society] shall be taken to sea from a
port or place within or outside India except under a licence granted by the Director-General under this
section:
Provided that the Central Government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the Official Gazette, exempt any class of ships chartered by a citizen of India or a company 2[or a co-operative Society] from the provisions of this sub-section. (2) A licence granted under this section may be (a) a general licence; (b) a licence for the whole or any part of the coasting trade of India; or (c) a licence for a specified period or voyage. (3) A licence granted under this section shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the Director-General.
1 Ins. by Act 43 of 1981, s. 7 (w.e.f. 28-9-1981).
2 Subs. by Act 43 of 1981, s. 8, for "or a company which satisfies the requirements specified in clause (b) of section 21" (w.e.f. 28-9-1981). | ||||||||||||||||
Related Section(s)(1) The Central Government may by notification in the
Official Gazette, appoint a person to be the Director-General of Shipping for the purpose of exercising
or discharging the powers, authority or duties conferred or imposed upon the Director-General by or
under this Act.
(2) The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this Act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the Director-General or by such other officer as may be specified in the order. (3) The Director-General may, by general or special order, and with the previous approval of the Central Government, direct that any power or authority conferred upon or delegated to, and any duty imposed upon, the Director-General by or under this Act may, subject to such conditions and restrictions as he may think fit to impose, be exercised or discharged also by such officer or other authority as he may specify in this behalf. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)1[2. Application of Act.--(1) Unless otherwise expressly provided, the provisions of this Act
which apply to--
(a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be. (2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within India, including the territorial waters thereof.]
1 . Subs. by Act 12 of 1983, s. 2, for section 2 (w.e.f.18-5-1983).
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Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)1[(1)] 2[The 3***Government] may, by rule or
order published in the Official Gazette,--
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of 4[the territories under its administration, the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and (b) provide for the composition or consolidation of duties 5[of policies of insurance and] in the case of issues by any incorporated company or other body corporate 6[or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bond or other marketable securities. 7[(2) In this section the expression "the Government" means,-- (a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in the 8[Seventh Schedule to the Constitution, expect the subject matters referred to in clause (b) of sub-section (1)]; the Central Government; (b) Save as aforesaid, the State Government.] STATE AMENDMENT Karnataka-- Insertion of new section 9A.--After section 9 of the Indian Stamp Act, 1899 (Central Act 2 of 1899), the following section shall be inserted, namely:-- "9A. Power of State Government to consolidate duties in respect of receipts.--Subject to such conditions as may be specified, the State Government may, by order, provide for the consolidation of duties in respect of any receipts or class of receipts given by any person or class of persons including any Government." [Vide Karnataka Act 29 of 1978, s. 2]
1. S. 9 re-numbered as sub-section (1) of that section by the A.O. 1950.
2. Subs. by the A.O. 1937, for the G.G. in C. 3. The word collecting omitted by the A.O. 1950. 4. Subs. by the A.O. 1937, for British India. 5. Ins. by Act 23 of 2004, s. 117. 6. Ins. by Act 32 of 1994, s. 99 (w.e.f. 13-9-1994). 7. Added by the A.O. 1950. 8. Subs by Act 21 of 2006 s. 69, for Seventh Schedule to the Constitution. (w.e.f. 18-4-2006). | ||||||||||||||||
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).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)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).
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Related Section(s)For the purposes of this Act, a ship shall not be deemed to be an Indian ship
unless owned wholly by persons to each of whom 1[any] of the following descriptions applies:--
(a) a citizen of India; or 2[(b) a company or a body established by or under any Central or State Act which has its principal place of business in India; or (c) a co-operative society which is registered or deemed to be registered under the Cooperative Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for the time being in force in any State.]
1. Subs. by Act 43 of 1961, s. 2, for "either" (w.e.f. 28-9-1981).
2. Subs. by Act 68 of 1993, s. 2, for clauses (b) and (c) (w.e.f. 27-10-1993). | ||||||||||||||||
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2017-05-09
Relaxation Of Educational Qualification For Admission To Pre-sea Courses Of General Purpose Ratings And Certificate Course In Maritime Catering And For Issuance Of Cdc For The Natives Of Minicoy Island Of Union Territory Of Lakshadweep Belonging To Scheduled Tribe, Dgs Order No. 01 Of 2017
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) With effect from such
date as the Central Government may, by notification in the official Gazette, specify, every
foreign-going Indian ship of such tonnage as may be prescribed shall be provided with, and shall
carry, a cook duly certificated under this Act.
(2) The Central Government may make rules specifying the qualifications, experience or sea service which may be required from persons who wish to obtain certificates of competency as cooks under this Act, and the conditions under which any such certificate may be granted, cancelled or suspended. (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement 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) This Act may be called the Indian Post
Office Act, 1898.
1[(2) It extends to the whole of India 2*** and it applies also to all citizens of India outside India.] (3) It shall come into force on the first day of July, 1898.
1. Subs. by the A.O. 1950.
2. The words "except Part B States" omitted by Act 25 of 1950, s. 11 and the Fourth Schedule. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s) Section
3
:
Power to specify commodities which are required to be packed in jute packaging material.
(1) Notwithstanding anything contained in any other law for the time being in force, the
Central Government may, if it is satisfied, after considering the recommendations made to it by the
Standing Advisory Committee, that it is necessary so to do in the interests of production of raw jute and
jute packaging material, and of persons engaged in the production thereof, by order published in the
Official Gazette, direct, from time to time, that such commodity or class of commodities or such
percentage thereof, as may be specified in the order, shall, on and from such date, as may be specified in
the order, be packed for the purposes of its supply or distribution in such jute packaging material as may
be specified in the order:
Provided that until such time as the Standing Advisory Committee is constituted under section 4, the Central Government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the Standing Advisory Committee makes its recommendations. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. | ||||||||||||||||
Related Section(s)(1) The Central Government may by, notification in the Official Gazette, appoint
at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the
purposes of this Act.
1[(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.] (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act. (4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.
1. Ins. by Act 21 of 1966, s. 3 (w.e.f. 25-8-1966).
1[435E. Registrars of Indian fishing boats.--The Central Government may, by notification in the
Official Gazette, appoint an officer to be registrar of Indian fishing boats (hereafter in this Part
referred to as registrar) at every port or place declared as a port or place of registry under sub-section
(1) of section 435D.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
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Related Section(s)The master of every Indian ship, except a home-trade ship of less
than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the
crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of
his crew from any port in India.
(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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 Gazette of India, make such provisions,
not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing
the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of three 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. | ||||||||||||||||
Related Section(s)(1) This Act may be called the 1[Working Journalists and other
Newspaper Employees] (Conditions of Service) and Miscellaneous Provisions Act, 1955.
(2) It extends to the whole of India 2***.
1. Subs. by Act 60 of 1974, s. 2, for "Working Journalists".
2. The "words except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and the Schedule. | ||||||||||||||||
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 Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)Every registrar shall keep a book to be called the register book and entries in
that book shall be made in accordance with, the following provisions:--
(a) the property in a ship shall be divided into ten shares; (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner; (c) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein; (d) joint owners shall be considered as constituting one person and shall not be entitled to dispose in severally of any interest in a ship or any share therein in respect of which they are registered; (e) a company 1[or a co-operative society] may be registered as owner by its name.
1. Ins. by Act 43 of 1981, s. 3 (w.e.f. 28-9-1981).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s) Section
3
:
Power to specify commodities which are required to be packed in jute packaging material.
(1) Notwithstanding anything contained in any other law for the time being in force, the
Central Government may, if it is satisfied, after considering the recommendations made to it by the
Standing Advisory Committee, that it is necessary so to do in the interests of production of raw jute and
jute packaging material, and of persons engaged in the production thereof, by order published in the
Official Gazette, direct, from time to time, that such commodity or class of commodities or such
percentage thereof, as may be specified in the order, shall, on and from such date, as may be specified in
the order, be packed for the purposes of its supply or distribution in such jute packaging material as may
be specified in the order:
Provided that until such time as the Standing Advisory Committee is constituted under section 4, the Central Government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the Standing Advisory Committee makes its recommendations. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. (1) The Central Government shall, with a view
to determining the commodity or class of commodities or percentages thereof in respect of which jute
packaging material shall be used in their packing, constitute a Standing Advisory Committee consisting of
such persons as have, in the opinion of that Government, the necessary expertise to give advice in the
matter.
(2) The Standing Advisory Committee shall, after considering the following matters, indicate its recommendations to the Central Government, namely:-- (a) the existing level of usage of jute material; (b) the quantity of raw jute available; (c) the quantity of jute material available; (d) the protection of interests of persons engaged in the jute industry and in the production of raw jute; (e) the need for continued maintenance of jute industry; (f) the quantity of commodities which, in its opinion, is likely to be required for packing in jute material; (g) such other matters as the Standing Advisory Committee may think fit. (1) 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, exempt any
person or class of persons, supplying or distributing any commodity or class of commodities, from the
operation of an order made under section 3.
(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. | ||||||||||||||||
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 may appear to it to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement 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) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government may by, notification in the Official Gazette, appoint
at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the
purposes of this Act.
1[(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.] (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act. (4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.
1. Ins. by Act 21 of 1966, s. 3 (w.e.f. 25-8-1966).
1[435D. Port of registry.--(1) The ports at which registration of Indian fishing boats shall be
made shall be such ports or places in India as the Central Government may, by notification in the
Official Gazette, declare to be ports or places of registry under this Part.
(2) The port or place at which an Indian fishing boat is registered for the time being under this Part, shall be deemed to be her port or place of registry and the port or place to which she belongs.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
1[435E. Registrars of Indian fishing boats.--The Central Government may, by notification in the
Official Gazette, appoint an officer to be registrar of Indian fishing boats (hereafter in this Part
referred to as registrar) at every port or place declared as a port or place of registry under sub-section
(1) of section 435D.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
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Related Section(s)1[3A. Power to exempt.-- (1) Without prejudice to the provisions of the Passport (Entry into India)
Act, 1920 (34 of 1920) and the rules made thereunder, if the Central Government is of opinion that it is
necessary or expedient in the interest of the general public or to fulfil the international obligation, it may,
by order notified in the Official Gazette and subject to such conditions as may be specified in the order,
exempt any carrier or class of carrier from the operations of all or any of the provisions of this Act and
may, as often as may be necessary, revoke or modify such order.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]
1. Ins. by Act 44 of 2005, s. 2 (w.e.f. 15-11-2005).
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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 Director-General may, at any time if the
circumstances of the case so require, revoke or modify a licence granted under section 406 or section
407.
(2) No licence shall be revoked or modified under this section unless the person concerned has been given a reasonable opportunity of making a representation against such revocation or modification, as the case may be. (1) No Indian ship and no other ship
chartered by a citizen of India or a company 1[or a co-operative Society] shall be taken to sea from a
port or place within or outside India except under a licence granted by the Director-General under this
section:
Provided that the Central Government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the Official Gazette, exempt any class of ships chartered by a citizen of India or a company 2[or a co-operative Society] from the provisions of this sub-section. (2) A licence granted under this section may be (a) a general licence; (b) a licence for the whole or any part of the coasting trade of India; or (c) a licence for a specified period or voyage. (3) A licence granted under this section shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the Director-General.
1 Ins. by Act 43 of 1981, s. 7 (w.e.f. 28-9-1981).
2 Subs. by Act 43 of 1981, s. 8, for "or a company which satisfies the requirements specified in clause (b) of section 21" (w.e.f. 28-9-1981). | ||||||||||||||||
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).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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2013-01-31
Non-availability Of Sufficient Opportunities For The Mandatory On-board Training For The Candidates Passing Out From The Various Approved Maritime Training Institutes, And The Indian Maritime University, Conducting Approved Pre Sea Courses For Officers–obtaining Recruitment And Placement Service License, Dgs Order No. 2 Of 2013
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the force going power, such rules may provide for all or any of the following matters, namely:- 1[(a) the levy of fee on a memorandum of appeal under Sub-section (5) of Section 15 or under Sub-section (2) of Section 27;] (b) the procedure to be followed by the 2[Chairman] in the determination of betterment charge, and the powers that it shall have for that purpose; (c) any other matter which has to be, or may be, prescribed by rules. (3) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days, extending in its one session, or more than one successive session, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulment as the two Houses of the Legislature may, during the said period, agree to make, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
1. Subs. by sec. 12 of U. P. Act No. 13 of 1975.
2. Subs. by sec. 8 of U. P. Act No. 19 of 1976.
The Authority may, with the previous approval of the State Government, make bye-laws consistent with this Act and the rules made there under for carrying out the purposes in this Act in respect of any matter affecting the general public, and without prejudice to the generality of this power, such bye-laws may provide for-
(a) the form in which any application for permission under Sub-section(1) of Section 15 shall be made and the particulars to be furnished in such application: (b) the terms and conditions referred to in Section 16, subject to which the user of lands and buildings in contravention of plans may be continued; 1[(bb) the guiding principles for composition of offences under Section 32]; (c) the time and manner of payment of betterment charge under Section 30. 2[(d) the grant of licences to architects, town planning engineers, surveyors, draftsmen for the preparation of building plans or water supply, drainage and sewerage plans and the fees to be paid for the grant of such licence; (e) for so long as the Zonal Development Plans are not prepared under Section 9, the matter specified in Clause (d) of Sub- section (2) of that section; 2[(ee) the definition of an arterial road and the colour scheme and other specifications according to which the facade of buildings abutting such road shall be repaired, white-washed, colour washed or painted under Section 12- A;] (f) any other matter which has to be or may be prescribed by bye-laws.]
1. Ins. by sec. 14(1) of U. P. Act No. 13 of 1975.
2. Ins. by sec. 14(2) of U. P. Act No. 13 of 1975.
3. Ins. by sec. 9 of U. P. Act No. 19 of 1976.
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) If any difficulty arises in giving effect to the provisions of
this Act, the President may, by order do anything not inconsistent with such provisions which appears to
him to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament. | ||||||||||||||||
Related Section(s)1[9A. Power to control and regulate controlled substances.-- (1) If the Central Government is of
the opinion that, having regard to the use of any controlled substance in the production or manufacture of
any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it
may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution
thereof and trade and commerce therein.
(2) Without prejudice to the generality of the power conferred by sub-section (1), an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.]
1 Ins. by Act 2 of 1989, s. 6 (w.e.f. 29-5-1989).
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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).
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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 be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period 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. | ||||||||||||||||
Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) It shall be the business of the seamen's
employment offices--
1[(a) to issue licence, to regulate and control the recruitment and placement service, and to-- (i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers; (ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and (iii) to maintain registers of seamen in respect of the categories of seamen.] (c) to perform such other duties relating to seamen and merchant ships as are, from time to time, committed to them by or under this Act. 2***** (3) The Central Government may make rules for the purpose of enabling seamens employment offices effectively to exercise their powers under this Act; and in particular and, without prejudice to the generality of such power, such rules may, provide for-- (a) consultation with respect to any specified matter by seamen's employment offices with such advisory boards or other authorities as the Central Government may think fit to constitute or specify in this behalf; 3[(b) the levy and collection of such fees as may be specified for the issue of licences to recruitment and placement services, renewal of such licences and services to be rendered by the seamen's employment office; (c) the issue of directions by the Central Government to any seamen's employment office or any recruitment and placement service with reference to the exercise of any of its powers; (ca) the conditions under which the recruitment and placement service to recruit and place seafarers abroad; (cb) the circumstances and conditions under which licence to be suspended or withdrawn; (cc) the conditions under which seafarers' personal data to be processed by the recruitment and placement services including the collection, storage, combination and communication of such data to third parties;] (d) the supersession of any seamen's employment office which fails to comply with any such direction. 4[Explanation.--For the purposes of this section,-- (a) "recruitment and placement service" means any person, company, institution, agency or other organisation, in the public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers. 5*****
1. Subs. by Act 63 of 2002, s. 4, for clauses (a) and (b) (w.e.f. 1-2-2003).
2. Omitted by s. 4, ibid. (w.e.f. 1-2-2003). 3. Subs. by s. 4, ibid., for clauses (b) and (c) (w.e.f. 1-2-2003). 4. The Explanation ins. by Act 63 of 2002, s. 4 (w.e.f. 1-2-2003). 5. Explanation omitted by Act 32 of 2014, s. 6 (w.e.f. 1-4-2015). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The following enactments shall stand repealed on and from the dates
the notification referred to in sub-section (2) of section 1 is issued, namely:---
(a) The Factories Act, 1948 (63 of 1948); (b) The Plantations Labour Act, 1951 (69 of 1951); (c) The Mines Act, 1952 (35 of 1952); (d) The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955); (e) The Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958); (f) The Motor Transport Workers Act, 1961 (27 of 1961); (g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966); (h) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970); (i) The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); (j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979); (k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981); (l) The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986); (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996). (2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed for the purposes under any of the provisions of the enactments repealed by this Code, shall be deemed to have been appointed under this Code for such purposes under this Code. (3) Notwithstanding repeal under sub-section (1), anything done or any action taken under the enactments so repealed (including any rule, regulation, bye-laws, notification, nomination, appointment, order or direction made there under) shall be deemed to have been done or taken under the corresponding provisions of this Code and shall remain in force to the extent they are not contrary to the provisions of this Code till they are repealed by the Central Government. (4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Commission shall cause each of its
orders made under section 8 or section 9 to be published in the Gazette of India and in the Official
Gazettes of the States concerned and simultaneously cause such orders to be published at least in two
vernacular newspapers and publicize on radio, television and other possible media available to the public
and after such publication in the Official Gazettes of the States concerned, every District Election Officer
shall cause to be affixed, the Gazette version of such orders relating to the area under his jurisdiction, on a
conspicuous part of his office for public notice.
(2) Upon publication in the Gazette of India, every such order shall have the force of law and shall not be called in question in any court. (3) As soon as may be after such publication, every such order shall be laid before the House of the People and the Legislative Assemblies of the States concerned. (4) Subject to the provisions of sub-section (5), the readjustment of representation of the several territorial constituencies in the House of the People or in the Legislative Assembly of a State and the delimitation of those constituencies provided for in any such order shall apply in relation to every election to the House or to the Assembly, as the case may be, held after the publication in the Gazette of India of that order and shall so apply in supersession of the provisions relating to such representation and delimitation contained in any other law for the time being in force or any order or notification issued under such law in so far as such representation and delimitation are inconsistent with the provisions of this Act: 1[Provided that nothing in this sub-section shall apply to the delimitation orders published in relation to the state of Jharkhand]. (5) Nothing in this section shall affect the representation in the House of the People or in the Legislative Assembly of a State until the dissolution of the House or of the Assembly, as the case may be, existing on the date of publication in the Gazette of India of the final order or orders of the Commission relating to the delimitation of parliamentary constituencies or, as the case may be, of the assembly constituencies of that State and any bye-election to fill any vacancy in such House or in any such Assembly shall be held on the basis of the provisions of the laws and orders superseded by sub-section (4) as if the said provisions had not been superseded. (6) The Commission shall endeavour to complete and publish each of its orders referred to in sub-section (1) in the manner provided in that sub-section, 2[within a period not later than 31st day of July, 2008] under section 3.
1. Ins. by Act 9 of 2008, s. 2 (w.e.f. 14-1-2008).
2. Subs. by s. 2, ibid., for "within two years of the constitution of the Commission" (w.e.f. 14-1-2008).
The Commission shall, having regard to the provisions of
articles 81, 170, 330 and 332, and also, in relation to the Union territories, except National Capital
Territory of Delhi, sections 3 and 39 of the Government of Union Territories Act, 1963 (20 of 1963) and
in relation to the National Capital Territory of Delhi sub-clause (b) of clause (2) of article 239AA, by
order, determine,--
(a) on the basis of the census figures as ascertained at the census held in the year 1971 and subject to the provisions of section 4, the number of seats in the House of the People to be allocated to each State and determine on the basis of the census figures as ascertained at the *[census held in the year 1[2001]] the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State; and (b) on the basis of the census figures as ascertained at the census held in the year 1971 and subject to the provisions of section 4, the total number of seats to be assigned to the Legislative Assembly of each State and determine on the basis of the census figures as ascertained at the *[census held in the year 1[2001]] the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State: Provided that the total number of seats assigned to the Legislative Assembly of any State under clause (b) shall be an integral multiple of the number of seats in the House of the People allocated to that State under clause (a).
*. For the purposes of delimitation of Assembly and Parliamentary Constituencies, the words and figures "census held in the year 2001" wherever occurring, shall be construed as words and figures "census held in the year 2011" vide Act No. 34 of 2019, s. 62(1)(b) (w.e.f. 31-10-2019).
1. Subs. by Act 3 of 2004, s. 4, for "1991" (w.e.f. 31-10-2003). (1) The Commission shall, in the manner herein provided, then,
distribute the seats in the House of the People allocated to each State and the seats assigned to the
Legislative Assembly of each State as readjusted on the basis of 1971 census to single-member territorial
constituencies and delimit them on the basis of the census figures as ascertained, at the *[census held in the
year 1[2001]], having regard to the provisions of the Constitution, the provisions of the Act specified in
section 8 and the following provisions, namely:--
(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; (b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency; (c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the State and located, as far as practicable, in those areas where the proportion of their population to the total is comparatively large; and (d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total is the largest. (2) The Commission shall-- (a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Gazette of India and in the Official Gazettes of all the States concerned and also in such other manner as it thinks fit; (b) specify a date on or after which the proposals shall be further considered by it; (c) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration, hold one or more public sittings at such place or places in each State as it thinks fit; and (d) thereafter by one or more orders determine-- (i) the delimitation of parliamentary constituencies; and (ii) the delimitation of assembly constituencies, of each State.
* For the purposes of delimitation of Assembly and Parliamentary Constituencies, the words and figures "census held in the year 2001" wherever occurring, shall be construed as words and figures "census held in the year 2011" vide Act No. 34 of 2019, s. 62(1)(b) (w.e.f. 31-10-2019).
1 Subs. by Act 3 of 2004, s. 4, for "1991" (w.e.f. 31-10-2003). | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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 may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry 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. | ||||||||||||||||
Related Section(s)(1) The Central Government may by, notification in the Official Gazette, appoint
at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the
purposes of this Act.
1[(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.] (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act. (4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.
1. Ins. by Act 21 of 1966, s. 3 (w.e.f. 25-8-1966).
1[435D. Port of registry.--(1) The ports at which registration of Indian fishing boats shall be
made shall be such ports or places in India as the Central Government may, by notification in the
Official Gazette, declare to be ports or places of registry under this Part.
(2) The port or place at which an Indian fishing boat is registered for the time being under this Part, shall be deemed to be her port or place of registry and the port or place to which she belongs.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
1[435E. Registrars of Indian fishing boats.--The Central Government may, by notification in the
Official Gazette, appoint an officer to be registrar of Indian fishing boats (hereafter in this Part
referred to as registrar) at every port or place declared as a port or place of registry under sub-section
(1) of section 435D.]
1. Ins. by s. 15, ibid. (w.e.f. 18-5-1983).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government may establish and maintain
at each of the ports of Bombay, Calcutta and Madras and at such other port in India as it may consider
necessary an office of the Mercantile Marine Department for the administration of this Act and the
rules and regulations thereunder.
(2) The office of the Mercantile Marine Department at the port of Bombay, Calcutta or Madras shall be in the charge of a principal officer, and the office at any other port shall be in the charge of such officer as the Central Government may appoint in this behalf. (3) In the discharge of their duties, the principal officer and other officers shall be subject to the control of the Director-General. Where the master of an Indian ship is
changed, each of the following persons, that is to say,--
(a) if the change is made in consequence of the removal of the master by a Marine Board or by a court under this Act, the presiding officer of the Marine Board or of the court, as the case may be; (b) if the change occurs from any other cause,-- (i) In India, the registrar or any other officer authorised by the Central Government in this behalf at the port where the change occurs; and (ii) outside India, the Indian consular officer at the port where the change occurs; shall endorse and sign on the certificate of registry a memorandum of the change, and any customs collector at any port in India may refused to permit any person to do any act there as master of an Indian ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master. (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
On completion of the registry of an Indian ship, the
registrar shall grant a certificate of registry containing the particulars respecting her as entered in the
register book with the name of her master.
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Related Section(s)(1) The owner of every ship of over five hundred tons gross shall supply or cause, to
be supplied to every seaman for his personal use, bedding, towels, mess utensils and other articles
according, to such scale as may be prescribed; and different scales may be prescribed in respect of
different classes of ships.
(2) All foreign-going Indian ships and all home-trade ships of two hundred tons gross or more shall have always on board a sufficient supply of medicines, medical stores, appliances and first aid equipment suitable for diseases and accidents likely to occur on voyages according to such scale as may be prescribed. (3) It shall be the duty of the port health officer or such other person as the Central Government may appoint in this behalf to inspect the medicines, medical stores and appliances with which a ship is required to be provided. | ||||||||||||||||
Related Section(s)12[76. Certificates of
competency to be held by officers of ships.--(1) Every Indian ship, when
going to sea from any port or place, shall be provided with officers duly certificated under this Act in
accordance with such manning scales as may be prescribed:
Provided that the Central Government may prescribe different manning scales for different types of ships. (2) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches.]]
1. Subs. by s. 3, ibid., for sections 75 and 76 (w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 2, for section 76 (w.e.f.1-2-2003). | ||||||||||||||||
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2013-11-07
Relaxation Of Educational Qualification For Admission To Pre-sea Courses Of General Purpose Ratings And Certificate Course In Maritime Catering And For Issuance Of Cdc For The Natives Of Minicoy Island Of Union Territory Of Lakshadweep, Belonging To Scheduled Tribe., Dgs Order No. 21 Of 2013
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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
or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or
expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of three years from the date of 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. | ||||||||||||||||
Related Section(s)(1) It shall be the business of the seamen's
employment offices--
1[(a) to issue licence, to regulate and control the recruitment and placement service, and to-- (i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers; (ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and (iii) to maintain registers of seamen in respect of the categories of seamen.] (c) to perform such other duties relating to seamen and merchant ships as are, from time to time, committed to them by or under this Act. 2***** (3) The Central Government may make rules for the purpose of enabling seamens employment offices effectively to exercise their powers under this Act; and in particular and, without prejudice to the generality of such power, such rules may, provide for-- (a) consultation with respect to any specified matter by seamen's employment offices with such advisory boards or other authorities as the Central Government may think fit to constitute or specify in this behalf; 3[(b) the levy and collection of such fees as may be specified for the issue of licences to recruitment and placement services, renewal of such licences and services to be rendered by the seamen's employment office; (c) the issue of directions by the Central Government to any seamen's employment office or any recruitment and placement service with reference to the exercise of any of its powers; (ca) the conditions under which the recruitment and placement service to recruit and place seafarers abroad; (cb) the circumstances and conditions under which licence to be suspended or withdrawn; (cc) the conditions under which seafarers' personal data to be processed by the recruitment and placement services including the collection, storage, combination and communication of such data to third parties;] (d) the supersession of any seamen's employment office which fails to comply with any such direction. 4[Explanation.--For the purposes of this section,-- (a) "recruitment and placement service" means any person, company, institution, agency or other organisation, in the public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers. 5*****
1. Subs. by Act 63 of 2002, s. 4, for clauses (a) and (b) (w.e.f. 1-2-2003).
2. Omitted by s. 4, ibid. (w.e.f. 1-2-2003). 3. Subs. by s. 4, ibid., for clauses (b) and (c) (w.e.f. 1-2-2003). 4. The Explanation ins. by Act 63 of 2002, s. 4 (w.e.f. 1-2-2003). 5. Explanation omitted by Act 32 of 2014, s. 6 (w.e.f. 1-4-2015). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government may by, notification in the Official Gazette, appoint
at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the
purposes of this Act.
1[(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.] (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act. (4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.
1. Ins. by Act 21 of 1966, s. 3 (w.e.f. 25-8-1966).
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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) 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 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)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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) The Central Government
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
Related Section(s)(1) The Central Government shall, with a view
to determining the commodity or class of commodities or percentages thereof in respect of which jute
packaging material shall be used in their packing, constitute a Standing Advisory Committee consisting of
such persons as have, in the opinion of that Government, the necessary expertise to give advice in the
matter.
(2) The Standing Advisory Committee shall, after considering the following matters, indicate its recommendations to the Central Government, namely:-- (a) the existing level of usage of jute material; (b) the quantity of raw jute available; (c) the quantity of jute material available; (d) the protection of interests of persons engaged in the jute industry and in the production of raw jute; (e) the need for continued maintenance of jute industry; (f) the quantity of commodities which, in its opinion, is likely to be required for packing in jute material; (g) such other matters as the Standing Advisory Committee may think fit. | ||||||||||||||||
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) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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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 be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period 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. | ||||||||||||||||
Related Section(s)(1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the force going power, such rules may provide for all or any of the following matters, namely:- 1[(a) the levy of fee on a memorandum of appeal under Sub-section (5) of Section 15 or under Sub-section (2) of Section 27;] (b) the procedure to be followed by the 2[Chairman] in the determination of betterment charge, and the powers that it shall have for that purpose; (c) any other matter which has to be, or may be, prescribed by rules. (3) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days, extending in its one session, or more than one successive session, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulment as the two Houses of the Legislature may, during the said period, agree to make, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
1. Subs. by sec. 12 of U. P. Act No. 13 of 1975.
2. Subs. by sec. 8 of U. P. Act No. 19 of 1976.
The Authority may, with the previous approval of the State Government, make bye-laws consistent with this Act and the rules made there under for carrying out the purposes in this Act in respect of any matter affecting the general public, and without prejudice to the generality of this power, such bye-laws may provide for-
(a) the form in which any application for permission under Sub-section(1) of Section 15 shall be made and the particulars to be furnished in such application: (b) the terms and conditions referred to in Section 16, subject to which the user of lands and buildings in contravention of plans may be continued; 1[(bb) the guiding principles for composition of offences under Section 32]; (c) the time and manner of payment of betterment charge under Section 30. 2[(d) the grant of licences to architects, town planning engineers, surveyors, draftsmen for the preparation of building plans or water supply, drainage and sewerage plans and the fees to be paid for the grant of such licence; (e) for so long as the Zonal Development Plans are not prepared under Section 9, the matter specified in Clause (d) of Sub- section (2) of that section; 2[(ee) the definition of an arterial road and the colour scheme and other specifications according to which the facade of buildings abutting such road shall be repaired, white-washed, colour washed or painted under Section 12- A;] (f) any other matter which has to be or may be prescribed by bye-laws.]
1. Ins. by sec. 14(1) of U. P. Act No. 13 of 1975.
2. Ins. by sec. 14(2) of U. P. Act No. 13 of 1975.
3. Ins. by sec. 9 of U. P. Act No. 19 of 1976.
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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)A master or ship's officer who is
the holder of a certificate issued under this Act shall, if such certificate has been cancelled or
suspended by the Central Government or by a court or suspended by a Marine Board, deliver his certificate to the Central Government, court or Marine Board on demand or if it is not so demanded by
the Central Government or court or Board, to the Director-General.
(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)86. Recognition of certificate of competency 2*** granted in other countries.--(1) If
provision is made by the laws in force in any country other than India for the grant of certificates of
competency 1*** similar to those referred to in this Act, and the Central Government is satisfied--
(a) that the conditions under which any such certificates are granted in that country require standards of competency 1*** not lower than those required for the grant under this Act of corresponding certificates; and (b) that certificates granted under this Act are accepted in that country in lieu of the corresponding certificates granted under the laws of that country; the Central Government may, by notification in the Official Gazette, declare that any certificate of competency 3*** granted under the laws in force in that country and specified in that notification, shall for the purposes of this Act be recognised as equivalent to the corresponding certificate of competency 3*** granted under this Act and specified in the notification (2) Whenever the provisions of this Act require that a person employed in any capacity on board any ship shall be the holder of a specified certificate of competency 3*** granted under this Act, any person employed in that capacity shall, if he is the holder of a certificate recognised under sub-section (1) as equivalent to the first-mentioned certificate or to a certificate of higher grade granted under this Act, and still in force, be deemed to be duly certificated under this Act
1. The word "and" omitted by s. 6, ibid. (w.e.f. 1-7-1989).
2. The words "or service" omitted by Act 33 of 1986, s. 3 (w.e.f. 14-8-1986). 3. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989). 1[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(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
may, by order notified in the Official Gazette, fix in respect of tea of any description specified therein--
(a) the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the Indian market or for export; (b) the maximum quantity which may in one transaction be sold to any person. (2) Any such order may for reasons to be specified therein-- (a) fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers; (b) instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. (3) The Central Government may, by general or special order-- (a) prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order; (b) direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order; (c) regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. (4) Where in pursuance of any order made with reference to clause (b) of sub-section (3), any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore-- (a) where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under sub-section (1), the price so agreed upon; (b) where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause (a); (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (5) Without prejudice to the generality of the powers conferred by sub-section (1) and (3), any order made thereunder may provide-- (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor. | ||||||||||||||||
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. | ||||||||||||||||
Related Section(s)(1) The Central Government may by notification in the
Official Gazette, appoint a person to be the Director-General of Shipping for the purpose of exercising
or discharging the powers, authority or duties conferred or imposed upon the Director-General by or
under this Act.
(2) The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this Act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the Director-General or by such other officer as may be specified in the order. (3) The Director-General may, by general or special order, and with the previous approval of the Central Government, direct that any power or authority conferred upon or delegated to, and any duty imposed upon, the Director-General by or under this Act may, subject to such conditions and restrictions as he may think fit to impose, be exercised or discharged also by such officer or other authority as he may specify in this behalf. | ||||||||||||||||
Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)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).
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Related Section(s)(1) The
following provisions shall have effect with respect to every agreement made in India with the crew of
an Indian ship, namely:--
(a) the agreement shall, subject to the provision of this Act as to substitute, be signed by each seaman in the presence of a shipping master; (b) the shipping master shall cause the agreement to be read over and explained to each seaman, in a language understood by him or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature; (c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship; (d) when a substitute is engaged in the place of a seaman who has duly signed the agreement and whose services are within twenty-four hours of the ship's putting to sea lost by death, desertion or other unforeseen cause, the engagement shall, if practicable, be made before a shipping master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute; and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature. (2) In the case of an agreement made in India with the crew of a foreign-going Indian ship the following provisions shall have effect in addition to the provisions specified in sub-section (1), namely:-- (a) the agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made are in this Act referred to as running agreements; (b) a running agreement may be made to extend over two or more voyages so that it shall terminate either within six months from the date on which it was executed, or on the first arrival of the ship at her port of destination in India after the expiration of that period, or on the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest: Provided that no such running agreement shall continue in force, if, after the expiration of such period of six months as aforesaid, the ship proceeds on a voyage from a port outside India to any other such port which is not on the direct route or a customary route to her port of destination in India; (c) on every return to a port in India before the final termination of a running agreement, the master shall discharge or engage before the shipping master at such port any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement (as the case may be) either that no such discharges or engagements have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law; (d) the master shall deliver the running agreement so endorsed to the shipping master, and the shipping master shall, if the provisions of this Act relating to agreements have been complied with, sign the endorsement and return the agreement to the master. (3) In the case of an agreement made in India with the crew of a home-trade Indian ship of two hundred tons gross or more, the following provisions shall have effect in addition to the provisions specified in sub-section (1), namely:-- (a) the agreement shall not be for a period longer than six months, but if the period for which the agreement was entered into expires while the ship is not in an Indian port, the agreement shall continue in force until the ship is again in an Indian port: Provided that, except with the consent in writing of the seaman concerned, the agreement shall not continue in force for more than three months after the expiration of the period for which it was entered into; (b) an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master, and the provisions of this Act with respect to the making of the agreement shall apply accordingly. | ||||||||||||||||
Related Section(s)(1) This Act may be called the Sree Chitra Tirunal Institute for
Medical Sciences and Technology, Trivandrum, Act, 1980.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 1st March, 1981, vide notification No. G.S.R. 254(E), dated 17th February, 1981, see Gazette of India, Extraordinary,
Part II, sec. 3 (i).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)(1) This Act may be called the Sree Chitra Tirunal Institute for
Medical Sciences and Technology, Trivandrum, Act, 1980.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 1st March, 1981, vide notification No. G.S.R. 254(E), dated 17th February, 1981, see Gazette of India, Extraordinary,
Part II, sec. 3 (i).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
No
person shall engage or carry to sea any seaman under this Act in any ship, except a home-trade ship of
less than two hundred tons gross, from any port in India unless the seaman is in possession of a
certificate of discharge or a continuous certificate of discharge issued under this Part.
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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Related Section(s)1[(1)] 2[The 3***Government] may, by rule or
order published in the Official Gazette,--
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of 4[the territories under its administration, the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and (b) provide for the composition or consolidation of duties 5[of policies of insurance and] in the case of issues by any incorporated company or other body corporate 6[or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bond or other marketable securities. 7[(2) In this section the expression "the Government" means,-- (a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in the 8[Seventh Schedule to the Constitution, expect the subject matters referred to in clause (b) of sub-section (1)]; the Central Government; (b) Save as aforesaid, the State Government.] STATE AMENDMENT Karnataka-- Insertion of new section 9A.--After section 9 of the Indian Stamp Act, 1899 (Central Act 2 of 1899), the following section shall be inserted, namely:-- "9A. Power of State Government to consolidate duties in respect of receipts.--Subject to such conditions as may be specified, the State Government may, by order, provide for the consolidation of duties in respect of any receipts or class of receipts given by any person or class of persons including any Government." [Vide Karnataka Act 29 of 1978, s. 2]
1. S. 9 re-numbered as sub-section (1) of that section by the A.O. 1950.
2. Subs. by the A.O. 1937, for the G.G. in C. 3. The word collecting omitted by the A.O. 1950. 4. Subs. by the A.O. 1937, for British India. 5. Ins. by Act 23 of 2004, s. 117. 6. Ins. by Act 32 of 1994, s. 99 (w.e.f. 13-9-1994). 7. Added by the A.O. 1950. 8. Subs by Act 21 of 2006 s. 69, for Seventh Schedule to the Constitution. (w.e.f. 18-4-2006). | ||||||||||||||||
Related Section(s)This Act may be called the Jammu and Kashmir Reorganisation Act, 2019.
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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).
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 it may deem necessary, for the removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the appointed day. | ||||||||||||||||
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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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) There shall be a Governing Board of the University consisting of the
following persons as its members, namely:--
(a) the Chancellor; (b) the Vice-Chancellor; (c) five members from amongst the Member States which provide maximum financial assistance during a period of three years to be nominated by the Member States; (d) one member, not below the rank of Secretary in the Ministry of External Affairs, to be nominated by the Central Government; (e) two members, representing the State Government of Bihar, to be nominated by the State Government; (f) one member not below the rank of Additional Secretary in the Ministry of Human Resource Development, to be nominated by the Central Government; (g) three members from amongst the persons being renowned academician or educationist, to be nominated by the Central Government. (2) Each member of the Governing Board referred to in clauses (c) to (g) of sub-section (1), shall hold office for a fixed term of three years. (3) The Chancellor shall be the Chairperson of the Governing Board. (4) The member, being the Secretary in the Ministry of External Affairs, nominated under clause (d) of sub-section (1), shall be the Member-Secretary of the Governing Board. (5) Subject to the provisions of this Act, the Statutes and the Ordinances made thereunder, the Governing Board may regulate its own procedure (including quorum) for the conduct of its meetings. | ||||||||||||||||
Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). | ||||||||||||||||
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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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[78. Grades of certificates of competency.(1) Certificates of competency shall be granted in
accordance with the provisions of this Act for each of the following grades, namely:--
extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II. (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (1) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted. (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.]
1. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989).
1[87. Power to make rules.--(1) The Central Government may make rules to carry out the
provisions of this Part.
(2) In particular and 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 a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended.]
1. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, s. 3, for "by a ship"(w.e.f. 1-2-2003). The Central Government may make rules for the classification
of seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). (1) All rules and regulations made
under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable-- (a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both; (b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees; and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 2[(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3[two or more successive sessions, and if, before the 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 regulations, 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 Subs. by s. 38, ibid., for "section 331" (w.e.f.28-5-1966).
2 Subs. by s. 38, ibid., for sub-section (3) (w.e.f.28-5-1966). 3 Subs. by Act 69 of 1976, s. 26, for "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.1-12-1976). (1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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 order shall be made under this section after the expiry of two years from the date of commencement 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[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 Jammu and Kashmir Reorganisation Act, 2019.
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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).
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Related Section(s)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).
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Related Section(s)(1) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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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 be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period 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. | ||||||||||||||||
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) Notwithstanding anything contained in this Act, the Central
Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,
exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement
contained in or prescribed in pursuance of this Act or dispense with the observance of any such
requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied
that requirement has been substantially complied with or that compliance with the requirement is or
ought to be dispensed with in the circumstances of the case.
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.] (2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section.
1 Added by s. 37, ibid. (w.e.f. 28-5-1966).
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Related Section(s)1[(1)] 2[The 3***Government] may, by rule or
order published in the Official Gazette,--
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of 4[the territories under its administration, the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and (b) provide for the composition or consolidation of duties 5[of policies of insurance and] in the case of issues by any incorporated company or other body corporate 6[or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bond or other marketable securities. 7[(2) In this section the expression "the Government" means,-- (a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in the 8[Seventh Schedule to the Constitution, expect the subject matters referred to in clause (b) of sub-section (1)]; the Central Government; (b) Save as aforesaid, the State Government.] STATE AMENDMENT Karnataka-- Insertion of new section 9A.--After section 9 of the Indian Stamp Act, 1899 (Central Act 2 of 1899), the following section shall be inserted, namely:-- "9A. Power of State Government to consolidate duties in respect of receipts.--Subject to such conditions as may be specified, the State Government may, by order, provide for the consolidation of duties in respect of any receipts or class of receipts given by any person or class of persons including any Government." [Vide Karnataka Act 29 of 1978, s. 2]
1. S. 9 re-numbered as sub-section (1) of that section by the A.O. 1950.
2. Subs. by the A.O. 1937, for the G.G. in C. 3. The word collecting omitted by the A.O. 1950. 4. Subs. by the A.O. 1937, for British India. 5. Ins. by Act 23 of 2004, s. 117. 6. Ins. by Act 32 of 1994, s. 99 (w.e.f. 13-9-1994). 7. Added by the A.O. 1950. 8. Subs by Act 21 of 2006 s. 69, for Seventh Schedule to the Constitution. (w.e.f. 18-4-2006). | ||||||||||||||||
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. | ||||||||||||||||
Related Section(s)(1) If
the Central Government is of opinion that it is necessary or expedient so to do for maintaining or
increasing supplies of any essential commodity or for securing their equitable distribution and
availability at fair prices, 1[or for securing any essential commodity for the defence of India or the
efficient conduct of military operations], it may, by order, provide for regulating or prohibiting the
production, supply and distribution thereof and trade and commerce therein.
2[***** (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide-- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 3[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,-- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government or to such other person or class of persons and in such circumstances as may be specified in the order. Explanation 1.--An order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. Explanation 2.--For the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar;] (g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4*** which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest; (h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; 5[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order;] 5[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,-- (i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found; (ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act; 7[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]] (3) Where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to him the price therefore as hereinafter provided:-- (a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. 8[(3A) (i) If the Central Government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any food-stuff in any locality, it may, by notification in the Official Gazette, direct that notwithstanding anything contained in sub-section (3), the price at which the food-stuff shall be sold in the locality in compliance with an order made with reference to clause (f) of sub-section (2) shall be regulated in accordance with the provisions of this sub-section. (ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification. (iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor-- (a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price; (b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any; (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] 9[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government having regard to-- (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] 10[(3C) Where any producer is required by an order made with reference to clause (f) of subsection (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to-- (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st day of October, 2009. Explanation 11[I].-- For the purposes of this sub-section,-- (a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section; (b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer; (c) "producer" means a person carrying on the business of manufacturing sugar; (d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.] 12[Explanation II.--For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital employed" referred to in clause (d), of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.] 13[(3D) The Central Government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the Government: Provided that this sub-section shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the Central Government. (3E) The Central Government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. Explanation.--For the purposes of sub-section (3D) and this sub-section,-- (a) "producer" means a person carrying on the business of manufacturing sugar; (b) "recognised dealer'" means a person carrying on the business of purchasing, selling or distributing sugar; (c) "sugar" includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.] (4) If the Central Government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person (hereinafter referred to as an authorized controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof,-- (a) the authorized controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except in so far as may be specifically provided by the order; and (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,-- (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual-- (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENTS Uttar Pradesh.-- Amendment of section 3 of Act X of 1955.--In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- "(ff) for preventing the hoarding of any essential commodity;" [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.--In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and be deemed always to have been substituted namely-- "(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains made with reference to this clause,-- (i) may specify the prices, fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the food grain required to be sold under the order, (ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." (b) in sub-section (3), for clause (c), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.--In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- "(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.--(1) In section 3 of the principal Act, in subsection (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- "Explanation I-A.--An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis." (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]
1. Ins. by Act 36 of 1967, s. 3 (w.e.f. 30-12-1967).
2. Sub-section(1A) omitted by Act 40 of 2021, s. 3 (w.e.f. 30-11-2021). 3. Subs. by Act 92 of 1976, s. 3, for clause (f). 4. The words or cotton textiles omitted by Act 54 of 2006, s. 4 (w.e.f. 12-2-2007). 5. Ins. by Act 17 of 1961, s. 2. 6. Subs. by Act 66 of 1971, s. 2, for clause (j) (w.e.f. 23-12-1971). 7. Subs. by Act 92 of 1976, s. 3, for sub-clause (iii). 8. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). 9. Subs. by Act 92 of 1976, s. 3, for sub-section (3B). 10. Subs. by Act 36 of 2009, s. 2, for sub-section (3C) and the Explanations (w.e.f. 1-10-2009). 11. The existing Explanation numbered as Explanation I by Act 35 of 2010, s. 2 (w.e.f. 1-10-2009). 12. Explanation II ins. by s. 2, ibid. (w.e.f. 1-10-2009). 13. Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). |