If any person uses on his place of business or any document issued by him or otherwise the words "patent office" or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

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[Amendment of section 130, Act IV of 1882.] --Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and the First Schedule (w.e.f. 17-9-1957).

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When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

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Illustrations.

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A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title

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Every railway administration shall send to the Central Government, a return of accidents occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescribed.

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[Right of seller as to rescission, on failure of buyer to pay price at time fixed.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s. 65.

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No suit, prosecution or other legal proceedings shall lie against the Registrar or any person subordinate to him or acting on his authority in respect of anything in good faith done or purporting to have been done in good faith under this Act.

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On an exchange of money, each party thereby warrants the genuineness of the money given by him.

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(1) Whenever, in the course of a trial by an Assam Rifles Court, it appears to the Court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the Court shall record a finding accordingly.

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(2) The presiding officer of the Court, or in the case of a Summary Assam Rifles Court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its findings under section 137, as the case may be.

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(3) The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another Assam Rifles Court for the offence with which he was charged.

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(4) The authority to whom the finding of a Summary Assam Rifles Court is reported under subsection (2), and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government.

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(5) On receipt of a report under sub-section (4), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

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(1) The Chairperson may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable:

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Provided that where the sum written off in favour of any person exceeds one thousand rupees, the previous sanction of the Council shall be first obtained.

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(2) The Chairperson shall report to the Council every case in which any sum has been written off under sub-section (1).

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Where the State Government is of the opinion that the Board has failed in the performance of its functions or discharge of its duties or has exceeded or abused the powers conferred on it by or under this Act, it may, by notification in the Gazette, supersede the State Agricultural Marketing Board:

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Provided that no order of supersession shall be passed unless the State Government has given to the Board a reasonable opportunity of being heard in respect of the allegations against it.

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Subject to the conditions as may be prescribed by the appropriate Government, where any of the Social Security Organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under this Code, is irrecoverable, the concerned Social Security Organisation may sanction the writing off of the said amount in such manner as may be prescribed by the appropriate Government:

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Provided that in the case of Provident Fund, Pension Fund or Insurance Fund, such writing off shall be specified in the Provident Fund Scheme or Pension Scheme or Insurance Scheme, as the case may be.

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Notwithstanding that no provision or insufficient provision has been made under section 120 for the adaptation of a law made before the appointed day, any Court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to any State ¹[or Union territory] formed or territorially altered by the provisions of Part II, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the Court, tribunal or authority.

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1. Ins., ibid.

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No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.

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Illustrations

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(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.

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(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court.

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(c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trial before B, a Sessions Judge. B may be examined as to what occurred.

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When a partition is completed, the Revenue-officer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect to be recorded therein.

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(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond:

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Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.

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(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.

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(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:

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Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.

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(1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 120 and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.

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(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.

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(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released.

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No person shall be entitled to claim any damages or compensation from the Government for any loss sustained by him by virtue of any action taken by any authority under the Act.

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An appeal against an assessment, or any alteration of an assessment, and, in all cases in which no appeal has been made as aforesaid an appeal against a notice of demand under section 130, may be made to the Collector or such other officer as may be empowered by the State Government in this behalf.

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(1) The provisions of the Companies Act, 1956 (1 of 1956) and the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) shall not apply to the multi-State cooperative societies.

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(2) The multi-State Co-operative societies registered or deemed to be registered under the provisions of this Act shall not indulge in monopolistic and restrictive trade practices as defined in the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969).

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(1) When the court has decided on the sentence whether unanimously or by majority, the trial Judge advocate shall draw up the sentence in the prescribed form which shall be signed by every member of the court by way of attestation notwithstanding any difference of opinion there may have been among the members and shall be countersigned by the trial Judge advocate.

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(2) The court shall then be reassembled and the accused brought in and the trial Judge advocate shall by direction of the court pronounce the sentence.

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(3) The accused shall then be removed and the court dissolved.

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(1) Except as otherwise provided in sub-section (2), no grantee shall transfer by sale, mortgage, gift or otherwise his interest in a grant which is liable to resumption under the provisions of this Act.

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(2) No grantee shall let the whole or any portion of his holding for a term exceeding three years, or within three years of any portion of such holding being held by a sub-tenant.

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(1) Any Prohibition Officer duly empowered in this behalf by the ¹[State] Government or any Police Officer may open any package and examine any goods and may ²[stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance ³[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]

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(2) The unloading and carrying of goods, the bringing of them to the place appointed under sub-section (3) for examination, the opening and repacking of them, where such operations ⁴[are necessary for searches made] under this section and the removing of goods to and placing of them in the place appointed under sub-section (3) ⁵[for examination or deposit] shall be performed by or at the expenses of the owner of such goods.

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(3) The owner of goods or the persons incharge of the goods shall, if so required by any officer conducting the search, take the goods ⁶[to a place appointed in ⁷Greater Bombay by the Commissioner of Police, Bombay and elsewhere, by the District Magistrate] for the purpose of examination or deposit.

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⁸[(4) The expenses incurred by the State Government for any of the purposes mentioned in sub-section (2) may be recovered from the owner, or as the case may be, the person-in-charge, of the goods as arrears of land revenue.]

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1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

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2 These words were substituted for the words "stop search" by Bom. 22 of I960, s. 80 (a).

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3 These words were added by Bom. 26 of 1952, s. 47.

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4 These words were substituted for words "are necessary to be made" by Bom. 22 of 1960, s. 80 (b) (i).

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5 These words were substituted for the word "for deposit" by Bom. 22 of 1960, s. 80 (b) (ii).

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6 These words were substituted for the words "to a place appointed by the District Magistrate, or the Commissioner of Police, Bombay," by Bom. 22 of 1960, s. 80 (c).

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7 The name of this City has been restored as "Brihan Mumbai" by Mah. 25 of 1996, s. 3, Sch.

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8 This sub-section was substituted for the original by Bom. 22 of 1960, s. 80 (d).

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(1) An application for bankruptcy of a debtor may be made, by a creditor individually or jointly with other creditors or by a debtor, to the Adjudicating Authority in the following circumstances, namely;—

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(a) where an order has been passed by an Adjudicating Authority under sub-section 4 of section 100; or

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(b) where an order has been passed by an Adjudicating Authority under sub-section 2 of section 115; or

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(c) where an order has been passed by an Adjudicating Authority under sub-section 3 of section 118.

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(2) An application for bankruptcy shall be filed within a period of three months of the date of the order passed by the Adjudicating Authority under the sections referred to in sub-section (1).

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(3) Where the debtor is a firm, the application under sub-section (1) may be filed by any of its partners.

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(1) An under-raiyat who has made any improvement at his own expense on the land leased to him shall, if he is to be evicted under the provisions of this Chapter, be entitled to receive compensation, before he is so evicted, for such improvement as, in the opinion of the competent authority, is reasonable.

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(2) The compensation payable to an under-raiyat under sub-section (1) shall be determined in accordance with the value of such improvements on the date of eviction, and in determining such compensation, regard shall be had to the following matters, namely:--

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(a) the amount by which the value of the land has increased by reason of the improvement;

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(b) the condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect;

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(c) the labour and capital involved in the making of the improvement; and

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(d) the advantages secured by the under-raiyat in consideration of the improvement made by him.

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(3) In any case in which compensation is payable to an under-raiyat under this section, the competent authority may direct that--

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(a) the whole or any part of any loan which the under-raiyat has taken on the security of his interest in the land under section 109 and which is outstanding shall be deducted from such compensation and paid to the Government or the co-operative society, as the case may be;

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(b) any arrear of rent due by the under-raiyat to the raiyat and the costs, if any, awarded to the raiyat shall be adjusted against the compensation.

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When any person subject to this Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been dealt with under any of the sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by a court- martial or dealt with under the said sections.

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¹ [121. Power of Appellate Tribunal.–The Appellate Tribunal may, after hearing the Appropriate Commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any Appropriate Commission for the performance of its statutory functions under this Act.]

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1. Subs. by Act 57 of 2003, s. 4, for section 121 (w.e.f. 27-1-2004).

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(1) Except as provided by sub-section (2), no trial by courtmartial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence.

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(2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37.

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(3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded.

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(4) No trial for an offence of desertion, other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the Air Force.

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(1) Every listed public company shall prepare in the prescribed manner a report on each annual general meeting including the confirmation to the effect that the meeting was convened, held and conducted as per the provisions of this Act and the rules made thereunder.

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(2) The company shall file with the Registrar a copy of the report referred to in sub-section (1) within thirty days of the conclusion of the annual general meeting with such fees as may be prescribed, or with such additional fees as may be prescribed, ¹***.

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²[(3) If the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees.]

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1. The words and figures "within the time as specified, under section 403" omitted by Act 1 of 2018, s. 31 (w.e.f. 7-5-2018).

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2. Subs. by Act 22 of 2019, s. 19, for sub-section (3) (w.e.f. 2-11-2018).

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The driver of a motor vehicle shall make such signals and on such occasions as may be prescribed by the Central Government:

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Provided that the signal of an intention to turn to the right or left or to stop--

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(a) in the case of a motor vehicle with a right-hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and

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(b) in the case of a motor vehicle with a left hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle:

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Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation of this section for the purpose of plying in that area or route.

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A Board may from time to time by a resolution passed in this behalf borrow money from another Board, on mutually agreeable terms any sum of money which may be required for the schemes or projects covered under this Act.

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Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of State tax if such decision taken or order passed relates to any one or more of the following matters, namely:-
(a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or
(b) an order pertaining to the seizure or retention of books of account, register and other documents; or
(c) an order sanctioning prosecution under this Act; or
(d) an order passed under section 80.

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Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of State tax if such decision taken or order passed relates to any one or more of the following matters, namely:-

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(a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or

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(b) an order pertaining to the seizure or retention of books of account, register and other documents; or

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(c) an order sanctioning prosecution under this Act; or

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(d) an order passed under section 80.

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Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of State tax if such decision taken or order passed relates to any one or more of the following matters, namely :-

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(a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or

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(b) an order pertaining to the seizure or retention of books of account, register and other documents; or

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(c) an order sanctioning prosecution under this Act; or

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(d) an order passed under section 80.

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The rules in a First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part.

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Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of State tax if such decision taken or order passed relates to any one or more of the following matters, namely:– mpowered to direct transfer of proceedings from one officer to another officer; or

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(b) an order pertaining to the seizure or retention of books of account, register and other documents; or

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(c) an order sanctioning prosecution under this Act; or

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(d) an order passed under section 80.

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Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of central tax if such decision taken or order passed relates to any one or more of the following matters, namely:--

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(a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or

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(b) an order pertaining to the seizure or retention of books of account, register and other documents; or

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(c) an order sanctioning prosecution under this Act; or

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(d) an order passed under section 80.

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No suit or other legal proceeding shall lie ¹[against the Authority, a Board or any membe]r or employee thereof in respect of anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to or under the control of the Board.

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1. Subs. by Act 15 of 1997, s. 27, for "against a Board or any member" (w.e.f. 9-1-1997).

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(1) Whenever any sentence of imprisonment is passed under this Act by a Security Force Court or whenever any sentence of death is commuted to imprisonment, the confirming officer or in case of a Summary Security Force Court the officer holding the court or such other officer as may be prescribed shall, save as otherwise provided in sub-sections (3) and (4) direct that the sentence shall be carried out by confinement in a civil prison.

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(2) When a direction has been made under sub-section (1) the Commandant of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

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(3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a Security Force Court, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in Force custody instead of in a civil prison.

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(4) On active duty, a sentence of imprisonment may be carried out by confinement in such place as the Deputy Inspector-General within whose command the person sentenced is serving or any prescribed officer, may from time to time appoint.

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Notwithstanding anything contained in any law for the time being in force the State Government may, by a general or special order, require of every registered co-operative society or a class of registered co-operative societies to make lump sum contribution of such sum annually to be fixed by the Registrar towards the recoupment of administrative costs incurred by Government of Meghalaya in respect of inspection, supervision and guidance of a co-operative society or class of cooperative societies or of any service to such co-operative society or class of co-operative societies.

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Save as otherwise provided in this Act, any tax or fee levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws in this behalf :

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Provided that if the tax or fee is not paid within one month of the due date, an interest at the rate of one percent per month shall be charged for every calendar month or part thereof.

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Whoever knowingly gives or causes to be given a false alarm of fire to the fire brigade of a municipality or corporation or to any officer or fireman thereof whether by means of a street fire-alarm, statement, message or otherwise, or with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages a street fire-alarm, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to ¹[three hundred rupees] or with both.

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1. These words were substituted for the words "one hundred rupees" by Mah. 40 of 2000, s. 18.

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121. Notwithstanding the provisions of section 118 to 120, the bhumidhar, or asami shall continue to be liable to pay the land revenue or the rent, as the case may be, for the holding in respect of the agricultural year next following the date of surrender, unless the notice of surrender was given before the first day of April.

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Upon receipt of the copy of the rules sent under the preceding section, the Board shall by special resolution direct the imposition of the tax with effect from a date (to be specified in the resolution) not less than six weeks from the date of such resolution.

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Where any smuggled goods are sold by a person having knowledge or reason to believe that the goods are smuggled goods, the sale-proceeds thereof shall be liable to confiscation.

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If a landowner fails to--

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(a) apply for reservation of any land within the period prescribed in section 101, and the land is not deemed to have been reserved under section 104, or

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(b) file a suit or application for the eviction of the tenant from any land reserved under section 102 within the period prescribed in sub-section (4) of section 119, or

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(c) cultivate or ceases to cultivate the land and the tenant is restored to possession of the land under section 120,

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the competent authority may suo motu and shall, on application, after making such inquiry as may be prescribed, declare the land to be the non-resumable land of the tenant.

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No finding or sentence of a General Force Court or a Petty Force Court shall be valid except so far as it may be confirmed as provided by this Act.

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No finding or sentence of a General Force Court or a Petty Force Court shall be valid except so far as it may be confirmed as provided by this Act.

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Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such person is confined.

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No maker of a promissory note and no acceptor of a bill of exchange ¹[payable to order] shall, in a suit thereon by a holder in due course, be permitted to deny the payee's capacity, at the date of the note or bill, to indorse the same.

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1. Subs. by Act 8 of 1919, s. 5, for payable to, or to the orderof, a specified person.

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(1) Any person, who having been appointed to be a special police officer under section 17 shall without sufficient cause neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties as such special police officer, shall, on conviction, be punished with fine which may extend to fifty rupees.

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(2) Such punishment shall automatically cancel the certificate of appointment of such a special police officer.

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The municipality may, by notice, require the owner or occupier of any land to clear away and remove any thick vegetation of undergrowth which may appear to the municipality to be injurious to the health or offensive to the neighbourhood.

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¹[121A. Conspiracy to commit offences punishable by section 121.--Whoever within or without ²[India] conspires to commit any of the offences punishable by section 121, ³*** or conspires to overawe, by means of criminal force or the show of criminal force, ⁴[the Central Government or any ⁵[State] Government ⁶***], shall be punished with ⁷[imprisonment for life], or with imprisonment of either description which may extend to ten years, ⁸[and shall also be liable to fine].

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Explanation.To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.]

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1. Ins. by Act 27 of 1870, s. 4.

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2. The words "British India" have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.

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3. The words "or to deprive the Queen of the sovereignty of the Provinces or of any part thereof" omitted by the A. O. 1950.

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4. Subs. by the A. O. 1937, for "the G. of I, or any l. G".

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5. Subs. by the A. O. 1950, for "Provincial".

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6. The words "or the Government of Burma" omitted by the A. O. 1948.

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7. Subs. by Act 26 of 1955, s. 117 and the Sch., "for transportation for life or any shorter term" (w.e.f. 1-1-1956).

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8. Ins. by Act 16 of 1921, s. 3.

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(1) No management of an affiliated college or recognized institution shall be allowed to close down the affiliated college or recognized institution without prior permission of the State Government.

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(2) The management desirous of closing down the college or recognized institution shall apply to the university on or before the first day of August of the preceding year, stating fully the grounds for closure, and pointing out the assets in the form of buildings and equipment, their original cost, the prevailing market value and the grants so far received by it either from the University Grants Commission, the State Government or from public funding agencies.

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(3) On receipt of such an application, the Academic Council shall cause to make inquiries as it may deem fit, to assess and determine whether the affiliated college or recognized institution be permitted to effect the closure. The Academic Council may examine whether the closure should be avoided by [providing necessary assistance or taking over the college or institution by the university or] transferring it to another management.

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(4) If the Academic Council decides to recommend the closure, it shall prepare and submit to the Management Council, a report on the extent of damages or compensation to be recovered from the management for the assets created utilizing the funds provided by the University Grants Commission, the State Government or other public funding agencies.

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(5) The Academic Council shall, with prior concurrence of the Management Council and approval of the State Government decide whether the affiliated college or recognized institution be permitted the closure.

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(6) The university may transfer the college or a recognized institution to another management with prior approval of the State Government and after following the procedure prescribed in that behalf.

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(7) The procedure to effect the closure shall be in phases, to ensure that the students already admitted to the affiliated college or recognized institution are not affected, and that the first year shall be closed first and no new admissions shall be effected. The procedure to phase out the closure shall be such as may be prescribed.

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(8) The procedure for closure of affiliated colleges, or recognized institutions, referred to in sub-sections (1) to (7) shall, mutatis-mutandis apply in the case of closure of faculties, courses of studies or satellite centres.

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¹[(1)] Where a transfer or acquisition (other than by way of surrender of tenancy) of any land such as would, if made after the commencement of this Act, be invalid under any provisions of this Act, is made between the appointed day and the date of the commencement of this Act, it shall be deemed to be invalid :

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Provided that if such a transfer or acquisition,-

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(i) would have required the previous sanction of the Collector had it been made after the commencement of this Act, or

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(ii) would have been subject to any conditions had it been made after the commencement of this Act-

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Such a transfer or acquisition shall not be declared to be invalid if-

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(a) in the case of category (i) the transferee or the person acquiring such land makes an application for necessary sanction within the prescribed period and such sanction is subsequently accorded by the Collector;

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(b) in the case of category (ii) the transferee or the person acquiring such land gives within the prescribed period an intimation in writing to the Collector about the fact of such transfer or acquisition, as the case may be, and his willingness to accept the conditions applicable to such transfer or acquisition under this Act and takes within such period not exceeding three months as may be allowed by the Collector such proceedings as may be necessary to give effect to these conditions.

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²[(2) In respect of a transfer or acquisition deemed to be invalid under sub-section (1) the Tahsildar, suo motu or on the application of any person interested in such land, shall after giving a notice to the transferor, the transferee or the person acquiring such land, as the case may be, hold an enquiry and decide whether the transfer or acquisition is or is not valid.

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(3) If after holding such enquiry the Tahsildar declares the transfer or acquisition to be invalid, he shall direct that the land shall be restored to the person from whom it was acquired and that the amount of consideration paid, if any, shall be recovered as an arrear of land revenue from the transferor and paid to the transferee and until the amount is so fully paid, the said amount shall be a charge on the land:

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Provided that where the transfer of land was made by the landlord to the tenant in possession of the land, the Tahsildar shall not declare such transfer to be invalid if-

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(i) the price of the land received by the landlord does not exceed the reasonable price thereof under section 90 and the transferee pays to the State Government a penalty of one rupee within such period not exceeding three months as the Tahsildar may fix, or

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(ii) the price of the land received by the landlord exceeds the reasonable price thereof under section 90 and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the Tahsildar may fix.

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(4) If the person to whom the land is directed to be restored refuses to take possession of the land, the Tahsildar shall declare it to be surplus land.

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(5) The amount of recurring compensation or reasonable price realised in respect of land declared as surplus land under sub-section (4), shall be payable to the transferor.

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(6) If the transferee refuses to accept the amount paid to him under sub-section (3) or the transferor refuses to accept the amount paid to him under sub-section (5), the amount shall be forfeited to Government.]

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1. Section 121 was renumbered as sub-section (1) and sub-sections (2) to (6) were inserted by Bom. 4 of 1960, s. 16.

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2. Section 121 was renumbered as sub-section (1) and sub-sections (2) to (5) were inserted by Bom. 4 of 1960, s. 16.

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(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

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(2) Subject to the provisions of sub-section (1), the State Government may, with the previous approval of the Central Government, by notification, make rules for carrying out the provisions of this Act:

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Provided that the first rules shall be made by the Central Government, by notification.

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(3) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (1) may provide for all or any of the following matters, namely:--

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(a) qualifications relating to clinical psychologist under sub-clause (ii) of clause (f) of sub-section (1) of section 2;

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(b) qualifications relating to psychiatric social worker under clause (w) of sub-section (1) of section 2;

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(c) the manner of nomination of members of the Central Authority under sub-section (2) of section 34;

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(d) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the Central Authority under sub-section (3) of section 35;

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(e) the procedure for registration (including the fees to be levied for such registration) of the mental health establishments under sub-section (2) of section 43;

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(f) the manner of nomination of members of the State Authority under sub-section (2) of section 46;

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(g) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the State Authority under sub-section (3) of section 47;

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(h) the procedure for registration (including the fees to be levied for such registration) of the mental health establishments under sub-section (2) of section 55;

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(i) the form of accounts and other relevant records and annual statement of accounts under sub-section (1) of section 59;

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(j) the form in, and the time within which, an annual report shall be prepared under section 60;

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(k) the form of accounts and other relevant records and annual statement of accounts under sub-section (1) of section 63;

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(l) the form in, and the time within which, an annual report shall be prepared under section 64;

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(m) manner of constitution of the Board by the State Authority for a district or groups of districts in a State;

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(n) other disqualifications of chairperson or members of the Board under clause (e) of sub-section (2) of section 82;

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(o) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules.

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(4) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may provide for all or any of the following matters, namely:--

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(a) the manner of proof of mental healthcare and treatment under sub-section (1) of section 4;

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(b) provision of half-way homes, sheltered accommodation and supported accommodation under clause (b) of sub-section (4) of section 18;

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(c) hospitals and community based rehabilitation establishment and services under clause (d) of sub-section (4) of section 18;

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(d) basic medical records of which access is to be given to a person with mental illness under sub-section (1) of section 25;

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(e) custodial institutions under sub-section (2) of section 27;

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(f) the form of application to be submitted by the mental health establishment with the undertaking that the mental health establishment fulfils the minimum standards, if any, specified by the Authority, under the Explanation to sub-section (2) of section 65;

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(g) the form of certificate of registration under sub-section (3) of section 65;

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(h) the form of application, the details, the fees to be accompanied with it under sub-section (1) of section 66;

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(i) the form of certificate of provisional registration containing particulars and information under sub-section (4) of section 66;

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(j) the fees for renewal of registration under sub-section (11) of section 66;

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(k) the person or persons (including representatives of the local community) for the purpose of conducting an audit of the registered mental health establishments under sub-section (1) and fees to be charged by the Authority for conducting such audit under sub-section (2) of section 67;

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(l) the person or persons for the purpose of conducting and inspection or inquiry of the mental health establishments under sub-section (1) of section 68;

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(m) the manner to enter and search of a mental health establishment operating without registration under sub-section (6) of section 68;

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(n) the fees for issuing a duplicate certificate under sub-section (2) of section 70;

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(o) the form and manner in which the Authority shall maintain in digital format a register of mental health establishments, the particulars of the certificate of registration so granted in a separate register to be maintained under section 71;

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(p) constitution of the Boards under sub-section (3) of section 73;

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(q) the honorarium and other allowances payable to, and the other terms and conditions of service of, the chairperson and members of the Board under sub-section (3) of section 75;

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(r) method, modalities and procedure for transfer of prisoners under sub-section (2) of section 103;

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(s) the standard and procedure to which the Central or State Health Authority shall confirm under sub-section (6) of section 103;

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(t) the form for furnishing periodical information under section 110; and

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(u) any other matter which is required to be, or may be, specified by rules or in respect for which provision is to be made by rules.

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(1) The Registrar may, from time to time, frame regulations to regulate the emoluments and other conditions of service including the disciplinary control of employee in a co-operative society or a class of cooperative societies and any society to which such terms are applicable shall comply with those regulations and with any orders of the Registrar issued to secure such compliance.

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(2) The regulations framed under sub-section (1) shall be published in the Gazette and take effect from the date of such publication.

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121. The power of a ¹[Zila Panchayat] to impose a tax on circumstances and Property may be subject to the following conditions and restrictions, namely -

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(a) the tax may be imposed on any person residing or carrying on business in the rural area provided that such person has so resided ro carried on business for a total period of at least six months in the year under assessment ;

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(b) no tax shall be imposed on any person whose total taxable income is less than ²[twelve thousand rupees] per annum ;

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(c) the rate of tax shall not exceed three Naye Paise in the rupee on the total taxable income ; and

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(d) the total amount of tax imposed on any person shall not exceed such maximum, if any, as may be prescribed by rule.

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Explanation- For the purpose of this section "taxable income" means estimated income but shall not include income of the following classes ;

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(i) "agricultural income" as defined in the Indian Income Tax Act, 1922 ;

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(ii) income on which any tax has previously been imposed under section 128 of the United Provinces Municipalities Act 1916, by any municipal board or any notified area committee ;

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(iii) income on which any tax has previously been imposed by any other ¹[Zila Panchayat] under clause (a) sub-section (1) of section 119 ;

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(iv) income on which any tax has previously been imposed under section 14 of the United Provinces Town Areas Act, 1914 ;

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(v) income on which any tax has previously been imposed by any Nagar Mahapalika under section 172 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.

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1. Subs. by sec. 61 of U. P. Act No. 09 of 1994.
2. Subs. by sec. 108 of U. P. Act no. 09 of 1994.

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121. (1) When by reason of a notification under section 3 any local area ceases to be a Municipality and is immediately placed under the control of another local authority, the municipal fund and other property vesting in the Municipality shall vest in such other local authority, and the liabilities of the Municipality shall be transferred to such other local authority.

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(2) When, in like manner, any local area ceases to be a Municipality and is not immediately placed under the control of another local authority, the municipal fund and other property vesting in the Municipality shall vest in ¹[by the State Government] and the liabilities of the Municipality shall be transferred to ²[by the State Government].

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1. Subs. by A. O. 1950 for (His Majesty for the purposes of the Province.), The words (for the purposes of the province) were ins. by A. O. 1937.
2. Subs. by A. O. 1950 for (the Provl. Govt.), which had been subs. by the A. O. 1937 for (secretary of State in Council).

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The Deputy Commissioner may revise a record-of-rights when such revision is provided for in such record.

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(1) The master of an Indian ship shall not--

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(a) discharge a seaman before the expiration of the period for which he was engaged, unless the seaman consents to his discharge; or

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(b) except in circumstances beyond his control, leave a seaman or apprentice behind;

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without the authority of the officer specified in this behalf by the Central Government and the officer aforesaid shall certify on the agreement with the crew that he has granted such authority, and also the reason, for the seaman being discharged or the seaman or apprentice being left behind.

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(2) The officer aforesaid to whom application is made for authority in terms of sub-section (1) shall investigate the grounds on which the seaman is to be discharged or the seaman or apprentice left behind and may in his discretion grant or refuse to grant such authority:

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Provided that he shall not refuse to grant his authority if he is satisfied that the seaman has without reasonable cause--

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(a) failed or refused to join his ship or to proceed to sea therein; or

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(b) been absent from his ship without leave, either at the commencement or during the progress of a voyage for a period of more than forty-eight hours.

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(3) The officer aforesaid shall keep a record of all seamen or apprentices discharged or left behind with his authority; and whenever any charge is made against a seaman or apprentice under section 191, the fact that no such authority is so recorded shall be prima facie evidence that it was not granted.

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(1) The appropriate Government may, in the event of the occurrence of an accident in an establishment which has caused or had the potentiality to cause serious danger to employees and other persons within, and in the vicinity of the workplace or whether immediate or delayed, or any occupational disease as specified in the Third Schedule, which has been or is suspected to have been contracted, in epidemic proportions, appoint one or more persons possessing legal or special knowledge to act as assessors or competent persons in such inquiry in order to inquire into the causes of the accident and disease, fix responsibilities and suggest a plan of action for the future to prevent such accidents or diseases and submit the report to the appropriate Government.

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(2) The appropriate Government may direct a Chief Inspector-cum-Facilitator or any other officer under the control of the Government concerned or appoint a committee to undertake a survey in such manner as may be prescribed by the appropriate Government on the situation relating to safety or health at work at any workplace or class of workplaces or into the effect of work activity on the health of the employees and other persons within and in the vicinity of the workplace.

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(3) The officer directed or committee appointed, under sub-section (1) or sub-section (2), to hold an inquiry, shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also so far as may be necessary for the purposes of the inquiry, exercise such powers of an Inspector-cum-Facilitator under this Code as may be necessary.

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(4) The Central Government may make rules for regulating the procedure of inquiry and survey and other related matters under this section.

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(1) If in any order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part, on an application made in writing in that behalf ¹ [within a period of one year, from the date of such order] to ² [the High Court] by the person in whose favour the costs have been awarded.

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(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of ³ [one year] the whole of the said security deposits may, on an application made in that behalf in writing to ² [the High Court] by the person by whom the deposits have been made, or if such person dies after making such deposits by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be.

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1. Subs. by Act 58 of 1958, s. 34, for certain words (w.e.f. 30-12-1958).

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2. Subs. by Act 47 of 1966, s. 52, for "the Election Commission" (w.e.f. 14-12-1966).

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3. Subs. by Act 58 of 1958, s. 34, for "six months" (w.e.f. 30-12-1958).

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The Nagar Panchayat or as the case may be, the Council may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public road or drains, and to cut and trim any trees or bamboos thereon overhanging the public road, drain or tank, or any well used for drinking purpose or obstructing any public road or drain or causing or likely to cause damage to any public road or drain or any property of the Nagar Panchayat or of the Council or likely to cause damage to person using any public road or likely to foul the water of any well or tank.

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Where a legacy, not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year be invested in such securities as the High Court may, by any general rule to be made from time to time, authorise or direct, and the proceeds thereof shall be paid to the legatee as the same shall accrue due.

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Any license or written permission granted under the provisions of this Act shall specify the period and locality for which and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee then be charged thereof as may be prescribed by any rule under this Act in that behalf.

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(1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, any member of the Coast Guard may,--

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(i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, 1920 (34 of 1920), the Emigration Act, 1922 (7 of 1922), the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946), the Merchant Shipping Act, 1958 (44 of 1958), the Customs Act, 1962 (52 of 1962), the Passports Act, 1967 (15 of 1967), the Foreign Exchange Regulation Act, 1973 (46 of 1973), or the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or of any cognizable offence punishable under any other Central Act; or

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(ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i),

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exercise or discharge such of the powers or duties under that Act or any other Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that or such other Act empowered to exercise or discharge for the said purposes.

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(2) The Central Government may, by general or special order published in the Official Gazette, direct, with the concurrence of the State Government concerned, that any of the powers or duties which may be exercised or discharged under a State Act by a police officer may, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, be exercised or discharged by a member of the Coast Guard who, in the opinion of the Central Government, holds a corresponding or higher rank.

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(3) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such area in any maritime zone of India, as may be specified in the order, any member of the Coast Guard may,--

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(i) for the purpose of prevention of any offence punishable under any enactment which extends for the time being to such area; or

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(ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i),

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exercise or discharge such of the powers or duties under that enactment, as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that enactment empowered to exercise or discharge for the said purposes.

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(4) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the 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.

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(1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

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(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine.

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123. Any municipal fund or portion of a municipal fund or other property of a Municipality accruing under the provisions of section 121 or 122 to ¹[by the State Government], shall be applied in the first place to satisfy any liabilities of the Municipality transferred under such provisions to ²[the State Government], and secondly for the benefit of the inhabitants of the local area.

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1. Subs. by A. O. 1950 for (His Majesty for the purposes of the Province.), The words (for the purposes of the province) were ins. by A. O. 1937.
2. Subs. by A. O. 1950 for (Provl. Govt.), which had been subs. by the A. O. 1937 for (secretary of State in Council).

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If, in the course of the record-of-rights or of revision of the record-of-rights in any local area in pursuance of notification issued under section 22, any question of title arises it will be decided summarily ¹[by the Collector of the first class whose decision, subject to such orders as may be passed in appeal by the Divisional Commissioner shall be binding] on the parties till it is set aside by a decree of the Civil Court.

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When such a decree is made the record-of-rights shall be corrected, if necessary in accordance therewith, on an application to the ²i9560Collector] within whose jurisdiction the property affected is situate.

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1. Substituted by Act III of Samvat 2008 for “Wazir-i-Wazarat”.
2. Substituted ibid for “Wazir-i-Wazarat”.

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¹[121A. Period of custody undergone by a person to be set off against the imprisonment.-- When any person subject to this Act is sentenced by a Security Force Court to a term of imprisonment, not being an imprisonment in default of payment of fine, the period spend by him in civil or Force custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him.]

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1. Ins. by Act 35 of 2000, s. 2 (w.e.f. 1-9-2000)

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The ¹[Corporation] may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and call for a return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee as is empowered by or under this Act to deal, and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.

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1. Subs. by sec. 3 of U. P. Act no. 12 of 1994.

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The Housefed may raise loans from the following organisations on such terms and conditions as may be agreed between the lending institutions and the Housefed namely :––

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(a) The Life Insurance Corporation of India ;

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(b) Housing and Urban Development Corporation ;

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(c) Commercial and Co-operative Banks ;

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(d) General Insurance Corporation ;

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(e) Central and ^*[State Government] ;

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(f) National Co-operative Housing Federation ;

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(g) National Housing Bank ;

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(h) World Bank ; and

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(i) Any other funding institutions in India or abroad as may be approved by the Government.

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* Now Government of the Union territory of Jammu and Kashmir.

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121. [Apportionment of liability for property taxes when the premises assessed are let or sub-let.] Omitted by the Delhi Municipal Corporation Act, 2003 (6 of 2003), s. 12 (w.e.f.1-8-2003).

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Whoever wages war against the ¹[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or ²[imprisonment for life] ³[and shall also be liable to fine].

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⁴[Illustrationic]

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⁵***A joins an insurrection against the ¹[Government of India]. A has committed the offence defined in this section.
⁶* * * * *

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1. Subs. by the A. O. 1950, for "Queen".

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2. Subs. by 26 of 1955, s. 117 and the Sch., "for transportation for life" (w.e.f. 1-1-1956).

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3. Subs. by Act 16 of 1921, s. 2, for :and shall forfeit all his property".

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4. Subs. by Act 36 of 1957, s. 3 and the Second Sch., for "Illustrations"

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5. The brackets and letter "(a)" omitted by s. 3 and the Second Sch., ibid.

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6. Illustration (b) omitted, by the A. O. 1950.

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Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy.

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Illustration

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A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested interest in the bequest.

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The Central Government may, by notification in the Official Gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods.

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Without prejudice to the generality of the powers conferred on a Development Authority under this Chapter, any Development Authority may, with the consent of the State Government contribute such sums as the State Government may determine towards expenditure incurred or to be incurred by any local authority, Planning Authority or statutory body in the performance, in relation to the new town, of any of their statutory functions, including expenditure so incurred in the acquisition of land.

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If at any time after property has been distrained, and prior to the day fixed for its being put up to sale as hereinafter provided, the owner of the property shall tender payment of the arrear demanded of him and of the expenses of the distress, the distrainer shall receive the same, and shall forthwith withdraw the distress.

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The [Labour]¹⁰ Commissioner and any other officer or servant appointed under sub-section (1) of Section 5 shall be deemed to be public servants within the meaning of Section-121 of the Indian Penal Code.

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10Subs. by S. 96 (4) (ii) of U.P. Act No 1 of 1966.

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