http://picasaweb.google.com/smills88/HannahPuppyKitten/
photo#5095370142851389778
Radha waiting to see DGP, Uttar Pradesh in the Headquarters in full make-up
http://www.dial100dotcom.worldbreak.com/photo3.html
The feminine expressions of Inspector General of Police Mr. Panda, who went frustrated as he was denied promotion. Here he is waiting to see the DGP of the state in full make-up as Doosri Radha. See the fate of honest IPS officers who do not have resources and influences to fight for their dues.
http://rapidshare.com/files/94369784/
An_Evaluation_of_Credibility_of_
Forensic_Psychology_in-3.ppt.html
CREDITS FOR THE ABOVE RESEARCH GOES TO:-
1.MY GRANDFATHER -LATE SHRI NATHU SHAH DHODY -ACCOUNTS -AOC ARMY ORDNANCE CORPS -SENIOR MANAGEMENT; KHAMARIA .JABALPUR.MADHYA PRADESH.
2.MY FATHER LATE -SHRI JAGDISH CHANDRA DHODY,SENIOR MANAGEMENT -UNITED INDIA INSURANCE COMPANY LTD..TAMILNADU.
3.JUSTICE ADHIKARI OF MADHYA PRADESH HIGH COURT JABALPUR WHO LOST HIS LIFE IN THIS ENDEAVOR AND BEQUEATHED THE LEGACY OF THE INDIAN EVIDENCE ACT OF 1872 TO THE NATION.
http://mphighcourt.nic.in/history_mp.htm
On 1st of November 1956 the States Reorganization Act was enacted. The new state of Madhya Pradesh was constituted under S.9 thereof. Subsection (1) of Section 49 of the States Re-organization Act ordained that from the appointed day i.e., 1st of November 1956, the High Court exercising jurisdiction, in relation to the existing state of Madhya Pradesh, i.e. Nagpur High Court, shall be deemed to be the High Court for the present state of Madhya Pradesh. Thus Nagpur High Court was not abolished but by a legal fiction it became High Court for the new state of Madhya Pradesh with its seat at Jabalpur.
4.Mahmoud Ahmadinejad’s
See full-size image.
www.albionmonitor.com/0202a/indiapipelines.jpg
341 x 335 – 25k
http://www.esfahanmetro.org/
http://www.albionmonitor.com/0202a/enroncoverup.html
http://samueljscott.wordpress.com/2007/09/24/ahmadinejad-at-columbia/Forget Iran’s proxy wars against the United States and Israel. Forget Mahmoud Ahmadinejad’s Islamic fundamentalism that borders on dangerous insanity. Forget his expressed desire for the destruction of Israel. Forget his denials of his government’s abuses of human rights. I want to focus on one question: Should Columbia University have invited the Iranian president to speak today? It’s a issue that involves academic integrity and, of course, politics.
[ Where the "Great Game" in Afghanistan was once about czars and commissars seeking access to the warm water ports of the Persian Gulf, today it is about laying oil and gas pipelines via the untapped petroleum reserves of Central Asia, a region previously dominated by the former Soviet Union, with strong influence from Iran and Pakistan. Studies have placed the total worth of oil and gas reserves in the Central Asian republics at between $3 and $6 trillion]
5.
http://en.wikipedia.org/wiki/Maihar
http://en.wikipedia.org/wiki/Image:View_from_Sharda_temple_Maihar1.JPG
http://en.wikipedia.org/wiki/Image:Sharada_Temple_Maihar.JPG
http://www.centurycement.co.in/
6.MY SON ANEESH WHOSE BIRTH DATE TOTAL -13+1+1+9+9+0=6
7.THE DELHI UNIVERSITY LIBRARY SYSTEM AND STAFF.
http://crl.du.ac.in/
8.THE DELHI POLICE UNDER MINISTRY OF HOME AFFAIRS.
http://www.delhipolice.nic.in/home/history.htm
9- GOD +3
10-GLOBAL TERRORIST OUR PM SHRI MANMOHAN SINGH JI.
11.T-SERIES ; WITH ITS LIFE SAVING BHAJANS AND SOUL RELIEF
http://www.t-series.com/index.asp
Suspended Dy. Police Commissioner Pradeep Sawant of Mumbai Crime Branch.
Most popular officer who fell pray to the jealousy of the IPAsses who could not stand his popularity. He was arrested in the Telgi scam. He rose to the post of DCP, Crime Branch from the post of ACP, crime branch, the most rarest example in the history of Mumbai Police. He amshed the Mumbai underworld with a firm hand and was the major inspiring source for encounter specialists. Presently he is on bail.
R.S.Sharma, former police commissioner of Mumbai and Pune.
http://www.geocities.com/organizedcrimesyndicates/rajan.html
http://abtak56.indiatimes.com/underworld.htm
http://www.rediff.com/news/2003/feb/20mum1.htm
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See full-size image.
 Pakistan captain
Inzamam-ul-Haq
NAKABPOSH AADMI
www.geocities.com/…/pathan-ejaz.jpg
100 x 100 – 4k
Image may be scaled down and subject to copyright.
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Most efficient and popular among colleagues and subordinates. This man taught the crime branch about perfect encounter deaths, paperwork, information network. But, alas, he too felt helpless when an uneducated roadsider like Abdul Karim Telgi manged Mr. Sharma’s superiors and compelled Mr. Sharma to shower some very illegal favours.Mr. Sharma was arrested under stringent MOCCA Act in he same FIR in which he had arrested Telgi. Presently he is on bail.
Eid al-Adha (Arabic: عيد الأضحى ‘Īd ul-’Aḍḥā) is a religious festival celebrated by Muslims and Druze worldwide as a commemoration of Ibrahim’s (Abraham’s) willingness to sacrifice his son, as commanded by Allah. (Muslim tradition names Ishmael as the son who was to be sacrificed, whereas the Judeo-Christian tradition names Isaac.) It is one of two Eid festivals celebrated by Muslims, whose basis comes from the Quran.[1] (Muslims in Iran celebrate a third, non-denominational Eid.) Like Eid el-Fitr, Eid ul-Adha begins with a short prayer followed by a sermon (khuṭba).
Eid ul-Adha annually falls on the 10th day of the month of Dhul Hijja (ذو الحجة) of the lunar Islamic calendar. The festivities last for two to three days or more depending on the country. Eid ul-Adha occurs the day after the pilgrims conducting Hajj, the annual pilgrimage to Mecca in Saudi Arabia by Muslims worldwide, descend from Mount Arafat. It happens to be approximately 70 days after the end of the month of Ramadan.
KALRA KI MA DUS JUNE 1984 KO SCOOTER SE GIRKAR MAR GAYI YAH PHIR NEEND KI GOLI DEKAR ,SCOOTER PAR BATHIKAR MAAR DALI GAYI.
INDIRA GANDHI WAS ASSASSINATED BY SIKHS OF LUDHIANA OSWALD , ON 31ST OCTOBER 1984;EXACTLY ON THE SAME DAY THAT HARAMI KA PILLA DAYANAND DIED IN 1883 .
PLEASE SEE AS PER NATIONALIZATION OF BANKS
Act Name : THE INDUSTRIES (DEVELOPMENT AND REGULATION) ACT, 1951 1*
Act title : ACT NO. 65 OF 1951
Enactment date : [31st October, 1951.]
Download full act
THE INDUSTRIES (DEVELOPMENT AND REGULATION) ACT, 1951 1*
ACT NO. 65 OF 1951
[31st October, 1951.]
An Act to provide for the development and regulation of certain
industries.
BE it enacted by Parliament as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be
called the Industries (Development and Regulation) Act, 1951.
(2) It extends to the whole of India 2***.
(3) It shall come into force on such date 3* as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Declaration as to expediency of control by the Union.
2. Declaration as to expediency of control by the Union. It is
hereby declared that it is expedient in the public interest that the
Union should take under its control the industries specified in the
First Schedule.
3.
Definitions.
3. Definitions. In this Act, unless the context otherwise
requires,--
(a) "Advisory Council" means the Central Advisory Council
established under section 5;
4*[(aa) "ancillary industrial undertaking" means an
industrial undertaking which, in accordance with the
proviso to sub-section (1) of section 11B and the
requirements specified under that sub-section, is
entitled to be regarded as an ancillary industrial
undertaking for the purposes of this Act;]
5*[4[(ab)] "current assets" means bank balances and cash and
includes such other assets or reserves as are expected
to be realised in cash or sold or consumed within a
period of not more than twelve months in the ordinary
course of business, such as,
----------------------------------------------------------------------
1. This Act has been extended to Goa, Daman and Diu (with
modifications) by Reg. 12 of 1962, s. 3 and Sch., to Dadra and Nagar
Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I and to
Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963, s. 3 and Sch. I.
Extended to and brought into force in the State of Sikkim w.e.f.
5-3-1983: vide Notifn. No. S.O. 163(E), dated 2-3-1983 (with
modifications)
2. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1961, s. 2.
3. 8th May, 1952, vide Notification No. S.R.O. 811, dated the 8th
May, 1952, see Gazette of India, Extraordinary, Pt. II, Sec. 3, p.
539.
15th February, 1962, in respect of the State of Jammu and
Kashmir; vide Notification No. S.O. 458'IDRA'1'1'62, dated 7th
February, 1962, see Gazette of India, Extraordinary, Pt. II. Sec.
3(ii), p. 385.
4. Re-lettered and ins. by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984)
5. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971).
94
stock-in-trade, amounts due from sundry debtors for
sale of goods and for services rendered, advance tax
payments and bills receivable, but does not include
sums credited to a provident fund, a pension fund, a
gratuity fund or any other fund for the welfare of the
employees, maintained by a company owning an industrial
undertaking;
1*[(ac)] "current liabilities" means liabilities which must
be met on demand or within a period of twelve months
from the date they are incurred; and includes any
current liability which is suspended under section
18FB;]
(b) "Development Council" means a Development Council
established under section 6;
2*[(bb) "existing industrial undertaking" means--
(a) in the case of an industrial undertaking
pertaining to any of the industries specified in
the First Schedule as originally enacted, an
industrial undertaking which was in existence on
the commencement of this Act or for the
establishment of which effective steps had been
taken before such commencement, and
(b) in the case of an industrial undertaking
pertaining to any of the industries added to the
First Schedule by an amendment thereof, an
industrial undertaking which is in existence on
the coming into force of such amendment or for the
establishment of which effective steps had been
taken before the coming into force of such
amendment;]
(c) "factory" means any premises, including the precincts
thereof, in any part of which a manufacturing process
is being carried on or is ordinarily so carried on--
(i) with the aid of power, provided that
fifty or more workers are working or were working
thereon on any day of the preceding twelve months;
or
(ii) without the aid of power, provided that
one hundred or more workers are working or were
working thereon on any day of the preceding twelve
month and provided further that in no part of such
premises any manufacturing process is being
carried on with the aid of power;
3*[(cc) "High Court" means the High Court having
jurisdiction in relation to the place at which the
registered office of a company is situate;]
----------------------------------------------------------------------
1. Re-lettered by Act 4 of 1984, s. 2 (w.e.f. 12-1-1984)
2. Ins. by Act 26 of 1953, s. 2.
3. Ins. by Act 72 of 1971, s. 2. (w.e.f. 1-11-1971).
95
(d) "industrial undertaking" means any undertaking
pertaining to a scheduled industry carried on in one or
more factories by any person or authority including
Government;
1*[(dd) "new article", in relation to an industrial
undertaking which is registered or in respect of which
a licence or permission has been issued under this Act,
means--
(a) any article which falls under an item in
the First Schedule other than the item under which
articles ordinarily manufactured or produced in
the industrial undertaking at the date of
registration or issue of the licence or
permission, as the case may be, fall;
(b) any article which bears a mark as defined
in the Trade Marks Act, 1940 2* (5 of 1940), or
which is the subject of a patent, if at the date
of registration or issue of the licence or
permission, as the case may be, the industrial
undertaking was not manufacturing or producing
such article bearing that mark or which is the
subject of that patent.]
(e) "notified order" means an order notified in the Official
Gazette;
(f) "owner", in relation to an industrial undertaking means
the person who, or the authority which, has the
ultimate control over the affairs of the undertaking,
and, where the said affairs are entrusted to a manager,
managing director or managing agent, such manager,
managing director or managing agent shall be deemed to
be the owner of the undertaking;
(g) "prescribed" means prescribed by rules made under this
Act;
(h) "Schedule" means a Schedule to this Act;
(i) "scheduled industry" means any of the industries
specified in the First Schedule.
3*[(j) "small scale industrial undertaking" means an
industrial undertaking which, in accordance with the
requirements specified under sub-section (1) of section
11B, is entitled to be regarded as a small scale
industrial undertaking for the purposes of this Act;]
4*[3*[(k)] words and expressions used herein but not defined
in this Act and defined in the Companies Act, 1956 (1
of 1956), have the meanings respectively assigned to
them in that Act.].
4.
Saving.
4. [Saving.] Rep. by the Industries (Development and Regulation)
Amendment Act, 1953 (26 of 1953), s. 3.
----------------------------------------------------------------------
1. Ins. by Act 26 of 1953, s. 2.
2. See now the Trade and Merchandise Marks Act, 1958 (43 of 1958).
3. Re-lettered and ins. by Act 4 of 1984, s. 2 (w.e.f.
12-1-1984).
4. Ins. by Act 72 of 1971, s. 2 (w.e.f. 1-11-1971).
96
CHAP
THE CENTRAL ADVISORY COUNCIL AND DEVELOPMENT COUNCILS
CHAPTER II
THE CENTRAL ADVISORY COUNCIL AND DEVELOPMENT COUNCILS
5.
Establishment and constitution of Central Advisory Council and itsfunctions.
5. Establishment and constitution of Central Advisory Council and
its functions. (1) For the purpose of advising it on matters
concerning the development and regulation of scheduled industries, the
Central Government may, by notified order, establish a Council to be
called the Central Advisory Council.
(2) The Advisory Council shall consist of a Chairman and such
other members, not exceeding thirty in number, all of whom shall be
appointed by the Central Government from among persons who are in its
opinion capable of representing the interests of--
(a) owners of industrial undertakings in scheduled
industries;
(b) persons employed in industrial undertakings in scheduled
industries;
(c) consumers of goods manufactured or produced by scheduled
industries;
(d) such other class of persons including primary producers,
as in the opinion of the Central Government, ought to
be represented on the Advisory Council.
(3) The term of office of, the procedure to be followed in the
discharge of their functions by, and the manner of filling casual
vacancies among members of the Advisory Council, shall be such as may
be prescribed.
(4) The Central Government shall consult the Advisory Council in
regard to--
(a) the making of any rules, other than the first rules to
be made under sub-section (3);
1* * * * *
and may consult the Advisory Council in regard to any other matter
connected with the administration of this Act in respect of which the
Central Government may consider it necessary to obtain the advice of
the Advisory Council.
6.
Establishment and constitution of Development Councils and theirfunctions.
6. Establishment and constitution of Development Councils and
their functions. (1) The Central Government may, by notified order,
establish for any scheduled industry or group of scheduled industries,
a body of persons to be called a Development Council which shall
consist of members who in the opinion of the Central Government are--
(a) persons capable of representing the interest of owners
of industrial undertakings in the scheduled industry or
group of scheduled industries;
----------------------------------------------------------------------
1. Cl. (b) omitted by Act 26 of 1953, s. 4.
96A
(b) persons having special knowledge of matters relating to
the technical or other aspects of the scheduled
industry or group of scheduled industries;
(c) persons capable of representing the interests of persons
employed in industrial undertakings in the scheduled
industry or group of scheduled industries;
(d) persons not belonging to any of the aforesaid
categories, who are capable of representing the
interests of consumers of goods manufactured or
produced by the scheduled industry or group of
scheduled industries.
(2) The number and the term of office of, and the procedure to be
followed in the discharge of their functions by, and the manner of
filling casual vacancies among members of a Development Council shall
be such as may be prescribed.
(3) Every Development Council shall be, by virtue of this Act, a
body corporate by such name as may be specified in the notified order
establishing it, and may hold and transfer property and shall by the
said name sue and be sued.
(4) A Development Council shall perform such functions of a kind
specified in the Second Schedule as may be assigned to it by the
97
Central Government and for whose exercise by the Development Council
it appears to the Central Government expedient to provide in order to
increase the efficiency or productivity in the scheduled industry or
group of scheduled industries for which the Development Council is
established, to improve or develop the service that such industry or
group of industries renders or could render to the community, or to
enable such industry or group of industries to render such service
more economically.
(5) A Development Council shall also perform such other functions
as it may be required to perform by or under any other provision of
this Act.
7.
Reports and accounts of Development Councils.
7. Reports and accounts of Development Councils. (1) A
Development Council shall prepare and transmit to the Central
Government and the Advisory Council, annually, a report setting out
what has been done in the discharge of its functions during the
financial year last completed.
(2) The report shall include a statement of the accounts of the
Development Council for that year, and shall be transmitted as soon as
accounts therefor have been audited, together with a copy of any
report made by the auditors on the accounts.
(3) The statement of account shall be in such form as may be
prescribed, being a form which shall conform to the best commercial
standards, and the statement shall show the total of remuneration and
allowances paid during the year to members and officers of the
Council.
(4) A copy of each such report of a Development Council, or made
by the auditors on its accounts, shall be laid before Parliament by
the Central Government.
8.
Dissolution of Development Councils.
8. Dissolution of Development Councils. (1) The Central
Government may, if it is satisfied that a Development Council should
cease to continue in being, by notified order, dissolve that
Development Council.
(2) On the dissolution of a Development Council under sub-section
(1), the assets of the Development Council, after its liabilities, if
any, are met therefrom, shall vest in the Central Government for the
purposes of this Act.
9.
Imposition of cess on scheduled industries in certain cases.
9. Imposition of cess on scheduled industries in certain cases.
(1) There may be levied and collected as a cess for the purposes of
this Act on all goods manufactured or produced in any such
98
scheduled industry as may be specified in this behalf by the Central
Government by notified order a duty of excise at such rate as may be
specified in the notified order, and different rates may be specified
for different goods or different classes of goods:
Provided that no such rate shall in any case exceed two annas per
cent, of the value of the goods.
Explanation.--In this sub-section, the expression "value" in
relation to any goods shall be deemed to be the wholesale cash price
for which such goods of the like kind and quality are sold or are
capable of being sold for delivery at the place of manufacture and at
the time of their removal therefrom, without any abatement or
deduction whatever except trade discount and the amount of duty then
payable.
(2) The cess shall be payable at such intervals, within such time
and in such manner as may be prescribed, and any rules made in this
behalf may provide for the grant of a rebate for prompt payment of the
cess.
(3) The said cess may be recovered in the same manner as an
arrear of land revenue.
(4) The Central Government may hand over the proceeds of the cess
collected under this section in respect of the goods manufactured or
produced by any scheduled industry or group of scheduled industries to
the Development Council established for that industry or group of
industries, and where it does so, the Development Council shall
utilise the said proceeds--
(a) to promote scientific and industrial research with
reference to the scheduled industry or group of
scheduled industries in respect of which the
Development Council is established;
(b) to promote improvements in design and quality with
reference to the products of such industry or group of
industries;
(c) to provide for the training of technicians and labour in
such industry or group of industries;
(d) to meet such expenses in the exercise of its functions
and its administrative expenses as may be prescribed.
99
CHAP
REGULATION OF SCHEDULED INDUSTRIES
CHAPTER III
REGULATION OF SCHEDULED INDUSTRIES
10.
Registration of existing industrial undertakings.
10. Registration of existing industrial undertakings. 1*[(1) The
owner of every existing industrial undertaking, not being the Central
Government, shall, within such period as the Central Government may,
by notification in the Official Gazette, fix in this behalf with
respect to industrial undertakings generally or with respect to any
class of them, register the undertaking in the prescribed manner.]
(2) The Central Government shall also cause to be registered in
the same manner every existing industrial undertaking of which it is
the owner.
2*[(3) Where an industrial undertaking is registered under this
section, there shall be issued to the owner of the undertaking or the
Central Government, as the case may be, a certificate of registration
3*[containing the productive capacity of the industrial undertaking
and such other particulars as may be prescribed].]
4*[(4) The owner of every industrial undertaking to whom a
certificate of registration has been issued under this section before
the commencement of the Industries (Development and Regulation)
Amendment Act, 1973, (67 of 1973) shall, if the undertaking falls
within such class of undertakings as the Central Government may, by
notification in the Official Gazette, specify in this behalf, produce,
within such period as may be specified in such notification, the
certificate of registration for entering therein the productive
capacity of the industrial undertaking and other prescribed
particulars.
(5) In specifying the productive capacity in any certificate of
registration issued under sub-section (3), the Central Government
shall take into consideration the productive or installed capacity of
the industrial undertaking as specified in the application for
registration made under sub-section (1), the level of production
immediately before the date on which the application for registration
was made under sub-section (1), the level of the highest annual
production during the three years immediately preceding the
introduction in Parliament of the Industries (Development and
Regulation) Amendment Bill, 1973, the extent to which production
during the said period was utilised for export and such other factors
as the Central Government may consider relevant including the extent
of under-utilisation of capacity, if any, during the relevant period
due to any cause.]
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 5, for the original sub-section.
2. Ins. by s. 5, ibid.
3. Subs. by Act 67 of 1973, s. 2, for certain words (w.e.f. 7-2-
1974).
4. Ins. by s. 2, ibid. (w.e.f. 7-2-1974).
100
10A.
Revocation of registration in certain cases.
1*[10A. Revocation of registration in certain cases. If the
Central Government is satisfied that the registration of any
industrial undertaking has been obtained by misrepresentation as to an
essential fact or that any industrial undertaking has ceased to be
registrable under this Act by reason of any exemption granted under
this Act becoming applicable thereto or that for any other reason the
registration has become useless or ineffective and therefore requires
to be revoked, the Central Government may after giving an opportunity
to the owner of the undertaking to be heard revoke the registration.]
11.
Licensing of new industrial undertakings.
11. Licensing of new industrial undertakings. (1) No person or
authority other than the Central Government, shall after the
commencement of this Act, establish any new industrial undertaking,
except under and in accordance with a licence issued in that behalf by
the Central Government:
Provided that a Government other than the Central Government may,
with the previous permission of the Central Government, establish a
new industrial undertaking.
(2) A licence or permission under sub-section (1) may contain
such conditions including, in particular, conditions as to the
location of the undertaking and the minimum standards in respect of
size to be provided therein as the Central Government may deem fit to
impose in accordance with the rules, if any, made under section 30.
11A.
Licence for producing or manufacturing new articles.
2*[11A. Licence for producing or manufacturing new articles. The
owner of an industrial undertaking not being the Central Government
which is registered under section 10 or in respect of which a licence
or permission has been issued under section 11 shall not produce or
manufacture any new article unless--
(a) in the case of an industrial undertaking registered
under section 10, he has obtained a licence for
producing or manufacturing such new article; and
(b) in the case of an industrial undertaking in respect of
which a licence or permission has been issued under
section 11, he has had the existing licence or
permission amended in the prescribed manner.]
11B.
Power of Central Government to specify the requirements which shall becomplied
with by small scale industrial undertakings.
3*[11B. Power of Central Government to specify the requirements
which shall be complied with by small scale industrial undertakings.
(1) The Central Government may, with a view to ascertaining which
ancillary and small scale industrial undertakings need supportive
measures, exemptions or other favourable treatment under this Act to
enable them to maintain their viability and strength so as to be
effective in--
(a) promoting in a harmonious manner the industrial economy
of the country and easing the problem of unemployment, and
(b) securing that the ownership and control of the material
resources of the community are so distributed as best to subserve
the common good,
specify, having regard to the factors mentioned in sub-section (2), by
notified order, the requirements which shall be complied with by an
industrial undertaking to enable it to be regarded, for the purposes
of this Act, as an ancillary, or a small scale, industrial undertaking
and different requirements may be so specified for different purposes
or with respect to industrial undertakings engaged in the manufacture
or production of different articles:
Provided that no industrial undertaking shall be regarded as an
ancillary industrial undertaking unless it is, or is proposed to be,
engaged in--
(i) the manufacture of parts, components, sub-assemblies,
toolings or intermediates; or
(ii) rendering of services, or supplying or rendering, not
more than fifty per cent of its production or its total services,
as the case may be, to other units for production of other
articles.
(2) The factors referred to in sub-section (1) are the following,
namely:--
(a) the investment by the industrial undertaking in--
(i) plant and machinery, or
(ii)land, buildings, plant and machinery;
(b) the nature of ownership of the industrial undertaking;
(c) the smallness of the number of workers employed in the
industrial undertaking;
(d) the nature, cost and quality of the product of the
industrial undertaking;
(e) foreign exchange, if any, required for the import of any
plant or machinery by the industrial undertaking; and
(f) such other relevant factors as may be prescribed.
(3) A copy of every notified order proposed to be made under sub-
section (1) shall be laid in draft before each House of Parliament,
while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in
disapproving the issue of the proposed notified order or both Houses
agree in making any modification in the proposed notified order; the
notified order shall not be made, or, as the case may be, shall be
made only in such modified form as may be agreed upon by both the
Houses.
(4) Notwithstanding anything contained in sub-section (1), an
industrial undertaking which, according to the law for the time being
in force, fell, immediately before the commencement of the Industries
(Development and Regulation) Amendment Act, 1984, under the definition
of an ancillary, or small scale, industrial undertaking, shall, after
such commencement, continue to be regarded as an ancillary, or small
scale, industrial undertaking for the purposes of this Act until the
definition aforesaid is altered or superseded by any notified order
made under sub-section (1).]
12.
Revocation and amendment of licences in certain cases.
12. Revocation and amendment of licences in certain cases. (1) If
the Central Government is satisfied, either on a reference made to it
in this behalf or otherwise, that any person or authority, to whom or
to which, a licence has been issued under section 11, has, without
reasonable cause, failed to establish or to take effective steps to
establish the new industrial undertaking in respect of which the
licence has been issued
----------------------------------------------------------------------
1. Ins. by Act 26 of 1953, s. 6.
2. Ins. by s. 7, ibid.
3. Ins. by Act 4 of 1984, s. 3 (w.e.f. 12-1-1984)
100A
within the time specified therefor or within such extended time as the
Central Government may think fit to grant in any case, it may revoke
the licence.
(2) Subject to any rules that may be made in this behalf, the
Central Government may also vary or amend any licence issued under
section 11:
Provided that no such power shall be exercised after effective
steps have been taken to establish the new industrial undertaking in
accordance with the licence issued in this behalf.
1*[(3) The provisions of this section shall apply in relation to
a licence issued under section 11A or where a licence has been amended
under that section, to the amendment thereof, as they apply in
relation to a licence issued under section 11.]
13.
Further provision for licensing of industrial undertakings in specialcases.
2*[13. Further provision for licensing of industrial
undertakings in special cases. (1) No owner of an industrial
undertaking, other than the Central Government, shall--
(a) in the case of an industrial undertaking required to be
registered under section 10, but which has not been
registered within the time fixed for the purpose under
that section, carry on the business of that undertaking
after the expiry of such period, or
----------------------------------------------------------------------
1. Ins. by Act 26 of 1953, s. 8.
2. Subs. by s. 9, ibid., for the original section.
101
(b) in the case of an industrial undertaking the
registration in respect of which has been revoked under
section 10A 1***, carry on the business of the
undertaking after the revocation, or
(c) in the case of an industrial undertaking to which the
provisions of this Act did not originally apply but
became applicable after the commencement of this Act
for any reason, carry on the business of the
undertaking after the expiry of three months from the
date on which the provisions of this Act became so
applicable, or
(d) effect any substantial expansion of an industrial
undertaking which has been registered 2*[or in respect
of which a licence or permission has been issued], or
(e) change the location of the whole or any part of an
industrial undertaking which has been registered,
except under, and in accordance with, a licence issued in that behalf
by the Central Government, and, in the case of a State Government,
except under and in accordance with the previous permission of the
Central Government.
(2) The provisions of sub-section (2) of section 11 and of
section 12 shall apply, so far as may be, in relation to the issue of
licences or permissions to any industrial undertaking referred to in
this section as they apply in relation to the issue of licences or
permissions to a new industrial undertaking.
Explanation.--For the purposes of this section, 'substantial
expansion' means the expansion of an existing industrial undertaking
which substantially increases the productive capacity of the
undertaking, or which is of such a nature as to amount virtually to a
new industrial undertaking, but does not include any such expansion as
is normal to the undertaking having regard to its nature and the
circumstances relating to such expansion.]
14.
Procedure for the grant of licence or permission.
14. Procedure for the grant of licence or permission. Beforeg
granting any licence or permission under 3*[section 11, section 11A,
4*[section 13 or section 29B]], the Central Government may require
such officer or authority as it may appoint for the purpose, to make a
full and complete investigation in respect of applications received in
this
----------------------------------------------------------------------
1. The words "on the ground that it had been obtained by
misrepresentation as to an essential fact" omitted by Act 71 of 1956,
s. 2 (w.e.f. 1-3-1957).
2. Ins. by s. 2, ibid. (w.e.f. 1-3-1957).
3. Subs. by Act 26 of 1953, s. 10, for "section 11 or section 13".
4. Subs. by Act 71 of 1956, s. 3, for "or section 13" (w.e.f. 1-3-
1957).
102
behalf and report to it the result of such investigation and in making
any such investigation, the officer or authority shall follow such
procedure as may be prescribed.
15.
Power to cause investigation to be made into scheduled industries
orindustrial undertakings.
15. Power to cause investigation to be made into scheduled
industries or industrial undertakings. Where the Central Government is
of the opinion that--
(a) in respect of any scheduled industry or industrial
undertaking or undertakings--
(i) there has been, or is likely to be, a
substantial fall in the volume of production in
respect of any article or class of articles
relatable to that industry or manufactured or
produced in the industrial undertaking or
undertakings, as the case may be, for which,
having regard to the economic conditions
prevailing, there is no justification; or
(ii) there has been, or is likely to be, a
marked deterioration in the quality of any article
or class of articles relatable to that industry or
manufactured or produced in the industrial
undertaking or undertakings, as the case may be,
which could have been or can be avoided; or
(iii) there has been or is likely to be a
rise in the price of any article or class of
articles relatable to that industry or
manufactured or produced in the industrial
undertaking or undertakings as the case may be,
for which there is no justification; or
(iv) it is necessary to take any such action
as is provided in this Chapter for the purpose of
conserving any resources of national importance
which are utilised in the industry or the
industrial undertaking or undertakings, as the
case may be; or
1*[(b) any industrial undertaking is being managed in a
manner highly detrimental to the scheduled industry
concerned or to public interest;]
the Central Government may make or cause to be made a full and
complete investigation into the circumstances of the case by such
person or body of persons as it may appoint for the purpose.
15A.
Power to investigate into the affairs of a company in liquidation.
2*[15A. Power to investigate into the affairs of a company in
liquidation. (1) Where a company, owning an industrial undertaking, is
being wound up by or under the supervision of the High Court and the
business of such company is not being continued, the Central
Government
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 11, for the original clause.
2. Ins. by Act 72 of 1971, s. 3 (w.e.f. 1-11-1971).
103
may, if it is of opinion that it is necessary, in the interests of the
general public and, in particular, in the interests of production,
supply or distribution of articles or class of articles relatable to
the concerned scheduled industry, to investigate into the possibility
of running or re-starting the industrial undertaking, make an
application to the High Court praying for permission to make, or cause
to be made, an investigation into such possibility by such person or
body of persons as that Government may appoint for the purpose.
(2) Where an application is made by the Central Government under
sub-section (1), the High Court shall, notwithstanding anything
contained in the Companies Act, 1956 (1 of 1956), or in any other law
for the time being in force, grant the permission prayed for.]
16.
Powers of Central Government on completion of investigation undersection
15.
16. Powers of Central Government on completion of investigation
under section 15. (1) If after making or causing to be made any such
investigation as is referred to in section 15 the Central Government
is satisfied that action under this section is desirable, it may issue
such direction to the industrial undertaking or undertakings concerned
as may be appropriate in the circumstances for all or any of the
following purposes, namely:--
(a) regulating the production of any article or class of
articles by the industrial undertaking or undertakings
and fixing the standards of production;
(b) requiring the industrial undertaking or undertakings to
take such steps as the Central Government may consider
necessary to stimulate the development of the industry
to which the undertaking or undertakings relates or
relate;
(c) prohibiting the industrial undertaking or undertakings
from resorting to any act or practice which might
reduce its or their production, capacity or economic
value;
(d) controlling the prices, or regulating the distribution,
of any article or class of articles which have been the
subject matter of investigation.
(2) Where a case relating to any industry or industrial
undertaking or undertakings is under investigation, the Central
Government may issue at any time any direction of the nature referred
to in sub-section (1) to the industrial undertaking or undertakings
concerned, and any such direction shall have effect until it is varied
or revoked by the Central Government.
17.
Special provisions for direct control by Central Government in certaincases.
17. [Special provisions for direct control by Central Government
in certain cases.] Rep. by the Industries (Development and Regulation)
Amendment Act, 1953 (26 of 1953), s. 12.
104
18.
Power of person or body of persons appointed under section 15 to callfor
assistance in any investigation.
18. Power of person or body of persons appointed under section 15
to call for assistance in any investigation. (1) The person or body of
persons appointed to make any investigation under section 15 1*[or
section 15A] may choose one or more persons possessing special
knowledge of any matter relating to the investigation to assist him or
it in holding the investigation.
(2) The person or body of persons so appointed shall have all the
powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of
1808), for the purpose of taking evidence on oath (which he or it is
hereby empowered to administer) and of enforcing the attendance of
witnesses and compelling the production of documents and material
objects, and the person or body of persons shall be deemed to be a
Civil Court for all the purposes of section 195 and Chapter XXXV of
the Code of Criminal Procedure, 1898 (5 of 1898).
CHAP
DIRECT MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS BY
CENTRALGOVERNMENT IN CERTAIN CASES
2*[CHAPTER IIIA
DIRECT MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS BY CENTRAL
GOVERNMENT IN CERTAIN CASES
18A.
Power of Central Government to assume management or control of
anindustrial undertaking in certain cases.
18A. Power of Central Government to assume management or control
of an industrial undertaking in certain cases. (1) If the Central
Government is of opinion that--
(a) an industrial undertaking to which directions have been
issued in pursuance of section 16 has failed to comply
with such directions, or
(b) an industrial undertaking in respect of which an
investigation has been made under section 15 (whether
or not any directions have been issued to the
undertaking in pursuance of section 16), is being
managed in a manner highly detrimental to the scheduled
industry concerned or to public interest,
the Central Government may, by notified order, authorize any persons
or body of persons to take over the management of the whole or any
part of the undertaking or to exercise in respect of the whole or any
part of the undertaking such functions of control as may be specified
in the order
(2) Any notified order issued under sub-section (1) shall have
effect for such period not exceeding five years as may be specified in
the order:
3*[Provided that if the Central Government is of opinion that it
is expedient in the public interest that any such notified order
should continue to have effect after the expiry of the period of five
years aforesaid, it may from time to time issue directions for such
continuance for such period, not
----------------------------------------------------------------------
1. Ins. by Act 72 of 1971, s. 4 (w.e.f. 1-11-1971).
2. Ins. by Act 26 of 1953, s. 13.
3. Subs. by Act 6 of 1965, s. 2, for the proviso.
104A
exceeding two years at a time, as may be specified in the direction,
so however that the total period of such continuance (after the expiry
of the said period of five years) does not exceed 1*[twelve years];
and where any such direction is issued, a copy thereof shall be laid,
as soon as may be, before both Houses of Parliament.]
Explanation.--The power to authorize a body of persons under this
section to take over the management of an industrial undertaking which
is a company includes also a power to appoint any individual, firm or
company to be the managing agent of the industrial undertaking on such
terms and conditions as the Central Government may think fit.
18AA
Power to take over industrial undertakings without investigation undercertain
circumstances.
2*[18AA. Power to take over industrial undertakings without
investigation under certain circumstances. (1) Without prejudice to
any other provision of this Act, if, from the documentary or other
evidence in its possession the Central Government is satisfied, in
relation to an industrial undertaking, that--
(a) the persons in charge of such industrial undertaking
have, by reckless investments or creation of
incumbrances on the assets of the industrial
undertaking, or by diversion of funds, brought about a
situation which is likely to affect the production of
articles manufactured or produced in the industrial
undertaking, and that immediate action is necessary to
prevent such a situation; or
(b) it has been closed for a period of not less than three
months (whether by reason of the voluntary winding up
of the company owning the industrial undertaking or for
any other reason) and such closure is prejudicial to
the concerned scheduled industry and that the financial
condition of the company owning the industrial
undertaking and the condition of the plant and
machinery of such undertaking are such that it is
possible to re-start the undertaking and such re-
starting is necessary in the interests of the general
public,
it may, by a notified order, authorise any person or body of persons
(hereafter referred to as the "authorised person") to take over the
management of the whole or any part of the industrial undertaking or
to exercise in respect of the whole or any part of the undertaking
such functions of control as may be specified in the order.
(2) The provisions of sub-section (2) of section 18A shall, as
far as may be, apply to a notified order made under sub-section (1) as
they apply to a notified order made under sub-section (1) of section
18A.
----------------------------------------------------------------------
1. Subs. by Act 32 of 1974, s. 2, for "ten years".
2. Ins. by Act 72 of 1971, s. 5 (w.e.f. 1-11-1971).
104B
(3) Nothing contained in sub-section (1) and sub-section (2)
shall apply to an industrial undertaking owned by a company which is
being wound up by or under the supervision of the Court.
(4) Where any notified order has been made under sub-section (1),
the person or body of persons having, for the time being, charge of
the management or control of the industrial undertaking, whether by or
under the orders of any court or any contract, instrument or
otherwise, shall, notwithstanding anything contained in such order,
contract, instrument or other arrangement, forthwith make over the
charge of management or control, as the case may be, of the industrial
undertaking to the authorised person.
(5) The provisions of sections 18B to 18E (both inclusive) shall,
as far as may be, apply to, or in relation to, the industrial
undertaking, in respect of which a notified order has been made under
sub-section (1), as they apply to an industrial undertaking in
relation to which a notified order has been issued under section 18A.]
18B.
Effect of notified order under section 18A.
18B. Effect of notified order under section 18A. (1) On the issue
of a notified order under section 18A authorizing the taking over of
the management of an industrial undertaking--
(a) all persons in charge of the management, including
persons holding office as managers or directors of the
industrial
105
undertaking immediately before the issue of the
notified order, shall be deemed to have vacated their
offices as such;
(b) any contract of management between the industrial
undertaking and any managing agent or any director
thereof holding office as such immediately before the
issue of the notified order shall be deemed to have
terminated;
(c) the managing agent, if any, appointed under section 18A
shall be deemed to have been duly appointed as the
managing agent in pursuance of the Indian Companies
Act, 1913 1* (7 of 1913), and the memorandum and
articles of association of the industrial undertaking,
and the provisions of the said Act and of the
memorandum and articles shall, subject to the other
provisions contained in this Act, apply accordingly,
but no such managing agent shall be removed from office
except with the previous consent of the Central
Government;
(d) the person or body of persons authorized under section
18A to take over the management shall take all such
steps as may be necessary to take into his or their
custody or control all the property, effects and
actionable claims to which the industrial undertaking
is or appears to be entitled, and all the property and
effects of the industrial undertaking shall be deemed
to be in the custody of the person or, as the case may
be, the body of persons as from the date of the
notified order; and
(e) the persons, if any, authorized under section 18A to
take over the management of an industrial undertaking
which is a company shall be for all purposes the
directors of the industrial undertaking duly
constituted under the Indian Companies Act, 1913 1* (7
of 1913) and shall alone be entitled to exercise all
the powers of the directors of the industrial
undertaking, whether such powers are derived from the
said Act or from the memorandum or articles of
association of the industrial undertaking or from any
other source.
(2) Subject to the other provisions contained in this Act and to
the control of the Central Government, the person or body of persons
authorized to take over the management of an industrial undertaking,
shall take such steps as may be necessary for the purpose
----------------------------------------------------------------------
1. See now the Companies Act, 1956 (1 of 1956).
106
of efficiently managing the business of the industrial undertaking and
shall exercise such other powers and have such other duties as may be
prescribed.
(3) Where any person or body of persons has been authorized to
exercise any functions of control in relation to an industrial
undertaking, the undertaking shall be carried on pursuant to any
directions given by the authorized person in accordance with the
provisions of the notified order, and any person having any functions
of management in relation to the undertaking or part thereof shall
comply with all such directions.
(4) The person or body of persons authorized under section
1*[18A] shall, notwithstanding anything contained in the memorandum or
articles of association of the industrial undertaking, exercise his or
their functions in accordance with such directions as may be given by
the Central Government so, however, that he or they shall not have any
power to give any other person any directions under this section
inconsistent with the provisions of any Act or instrument determining
the functions of the authority carrying on the undertaking except in
so far as may be specifically provided by the notified order.
18C.
Contracts in bad faith, etc., may be cancelled or varied.
18C. Contracts in bad faith, etc., may be cancelled or varied.
Without prejudice to the provisions contained in section 18B, the
person or body of persons authorized under section 18A to take over
the management of an industrial undertaking may, with the previous
approval of the Central Government, make an application to any Court
having jurisdiction in this behalf for the purpose of cancelling or
varying any contract or agreement entered into, at any time before the
issue of the notified order under section 18A, between the industrial
undertaking and any other person and the Court may, if satisfied after
due inquiry that such contract or agreement had been entered into in
bad faith and is detrimental to the interests of the industrial
undertaking, make an order cancelling or varying (either
unconditionally or subject to such conditions as it may think fit to
impose) that contract or agreement, and the contract or agreement
shall have effect accordingly.
18D.
No right to compensation for termination of office or contract.
18D. No right to compensation for termination of office or
contract. Notwithstanding anything contained in any law for the time
being in force, no person who ceases to hold any office by reason of
the provisions contained in clause (a) of section 18B, or whose
contract of management is terminated by reason of the provisions
contained in clause (b) of that section, shall be entitled to any
compensation for the loss of office or for the premature termination
of his contract of management:
----------------------------------------------------------------------
1. Subs. by Act 36 of 1957, s. 3 and Sch. II, for "18".
107
Provided that nothing contained in this section shall affect the
right of any such person to recover from the industrial undertaking
moneys recoverable otherwise than by way of such compensation.
18E.
Application of Act 7 of 1913.
18E. Application of Act 7 of 1913. (1) Where the management of an
industrial undertaking, being a company as defined in the Indian
Companies Act, 1913 1* (7 of 1913), is taken over by the Central
Government, then, notwithstanding anything contained in the said Act
or in the memorandum or articles of association of such undertaking,--
(a) it shall not be lawful for the shareholders of such
undertaking or any other person to nominate or appoint
any person to be a director of the undertaking;
(b) no resolution passed at any meeting of the shareholders
or such undertaking shall be given effect to unless
approved by the Central Government;
(c) no proceeding for the winding up of such undertaking or
for the appointment of a receiver in respect thereof
shall lie in any Court except with the consent of the
Central Government.
(2) Subject to the provisions contained in sub-section (1), and
to the other provisions contained in this Act and subject to such
other exceptions, restrictions and limitations, if any, as the Central
Government may, by notification in the Official Gazette, specify in
this behalf, the Indian Companies Act, 1913 1* (7 of 1913), shall
continue to apply to such undertaking in the same manner as it applied
thereto before the issue of the notified order under section 18A.
18F.
Power of Central Government to cancel notified order under section10A.
18F. Power of Central Government to cancel notified order under
section 10A. If at any time it appears to the Central Government on
the application of the owner of the industrial undertaking or
otherwise that the purpose of the order made under section 18A has
been fulfilled or that for any other reason it is not necessary that
the order should remain in force, the Central Government may, by
notified order, cancel such order and on the cancellation of any such
order the management or the control, as the case may be, of the
industrial undertaking shall vest in the owner of the undertaking.
----------------------------------------------------------------------
1. See now the Companies Act, 1956 (1 of 1956).
107A
CHAP
MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS OWNED BY COMPANIES
INLIQUIDATION
1*[CHAPTER IIIAA
MANAGEMENT OR CONTROL OF INDUSTRIAL UNDERTAKINGS OWNED BY COMPANIES IN
LIQUIDATION
18FA
Power of Central Government to authorise, with the permission of theHigh
Court, persons to take over management or control of industrialundertakings.
18FA. Power of Central Government to authorise, with the
permission of the High Court, persons to take over management or
control of industrial undertakings. (1) If the Central Government is
of opinion that there are possibilities of running or re-starting an
industrial undertaking, in relation to which an investigation has been
made under section 15A, and that such industrial undertaking should
be run or re-started, as the case may be, for maintaining or
increasing the production, supply or distribution of articles or class
of articles relatable to the scheduled industry, needed by the general
public, that Government may make an application to the High Court
praying for permission to appoint any person or body of persons to
take over the management of the industrial undertaking or to exercise
in respect of the whole or any part of the industrial undertaking such
functions of control as may be specified in the application.
(2) Where an application is made under sub-section (1), the High
Court shall make an order empowering the Central Government to
authorise any person or body of persons (hereinafter referred to as
the "authorised persons") to take over the management of the
industrial undertaking or to exercise functions of control in relation
to the whole or any part of the industrial undertaking (hereinafter
referred to as the "concerned part") for a period not exceeding five
years:
Provided that if the Central Government is of opinion that it is
expedient, in the interests of the general public that the authorised
person should continue to manage the industrial undertaking, or
continue to exercise functions of control in relation to the concerned
part, as the case may be, after the expiry of the period of five years
aforesaid, it may make an application to the High Court for the
continuance of such management or functions of control, for such
period, not exceeding two years at a time, as may be specified in the
application and thereupon the High Court may make an order permitting
the authorised person to continue to manage the industrial undertaking
or to exercise functions of control in relation to the concerned part:
Provided further that the total period of such continuance (after
the expiry of the initial period of five years) shall not, in any
case, be permitted to exceed 2*[twelve years].
(3) Where an order has been made by the High Court under sub-
section (2), the High Court shall direct the Official Liquidator or
any
----------------------------------------------------------------------
1. Ins. by Act 72 of 1971, s. 6 (w.e.f. 1-11-1971).
2. Subs. by Act 32 of 1974, s. 2 (w.e.f. 29-6-1974).
107B
other person having, for the time being, charge of the management or
control of the industrial undertaking, whether by or under the orders
of any court, or any contract or instrument or otherwise, to make over
the management of such undertaking or concerned part, as the case may
be, to the authorised person and thereupon the authorised person shall
be deemed to be the Official Liquidator in respect of the industrial
undertaking or the concerned part, as the case may be.
(4) Before making over the possession of the industrial
undertaking or the concerned part to the authorised person, the
Official Liquidator shall make a complete inventory of all the assets
and liabilities of the industrial undertaking or the concerned part,
as the case may be, in the manner specified in section 18FG and
deliver a copy of such inventory to the authorised person, who shall,
after verifying the correctness thereof, sign on the duplicate copy
thereof as evidence of the receipt of the inventory by him.
(5) On taking over the management of the industrial undertaking,
or on the commencement of the exercise of functions of control in
relation to the concerned part, the authorised person shall take
immediate steps to so run the industrial undertaking or the concerned
part as to ensure the maintenance of production.
(6) The authorised person may, on such terms and conditions and
subject to such limitations or restrictions as may be prescribed,
raise any loan for the purpose of running the industrial undertaking
or the concerned part, and may, for that purpose, create a floating
charge on the current assets of the industrial undertaking or the
concerned part, as the case may be.
(7) Where the authorised person is of opinion that the
replacement or repair of any machinery of the industrial undertaking
or the concerned part is necessary for the purpose of efficient
running of the industrial undertaking or such part, he shall, on such
terms and conditions and subject to such limitations or restrictions
as may be prescribed, make such replacement or repair, as the case may
be.
(8) The loan obtained by the authorised person shall be recovered
from the assets of the industrial undertaking or the concerned part,
in such manner and subject to such conditions as may be prescribed.
(9) For the purpose of running the industrial undertaking, or
exercising functions of control in relation to the concerned part, the
authorised person may employ such of the former employees of the
industrial undertaking whose services became discharged by reason of
the winding up of the
107C
company owning such undertaking and every such person employed by the
authorised person shall be deemed to have entered into a fresh
contract of service with the company.
10 The proceedings in the winding up of the company in so far as
they relate to--
(a) the industrial undertaking, the management of which has
been taken over by the authorised person under this
section, or
(b) the concerned part in relation to which any function of
control exercise by the authorised person under this
section,
shall, during the period of such management or control, remain
stayed, and in computing the period of limitation for the enforcement
of any right, privilege, obligation or liability in relation to such
undertaking or the concerned part, the period during which such
proceedings remained stayed shall be excluded.
CHAP
POWER TO PROVIDE RELIEF TO CERTAIN INDUSTRIAL UNDERTAKINGS
CHAPTER IIIAB
POWER TO PROVIDE RELIEF TO CERTAIN INDUSTRIAL UNDERTAKINGS
18FB
Power of Central Government to make certain declarations in relationto
industrial undertakings, the management or control of which hasbeen taken
over under section 18A, section 18AA or section 1
18FB. Power of Central Government to make certain declarations in
relation to industrial undertakings, the management or control of
which has been taken over under section 18A, section 18AA or section
18FA. (1) The Central Government may, if it is satisfied, in relation
to an industrial undertaking or any part thereof, the management or
control of which has been taken over under section 18A, whether before
or after the commencement of the Industries (Development and
Regulation) Amendment Act, 1971, or under section 18AA or section
18FA, that it is necessary so to do in the interests of the general
public with a view to preventing fall in the volume of production of
any scheduled industry, it may, by notified order, declare that--
(a) all or any of the enactments specified in the Third
Schedule shall not apply or shall apply with such
adaptations, whether by way of modification, addition
or omission (which does not, however, affect the policy
of the said enactments) to such industrial undertaking,
as may be specified in such notified order, or
(b) the operation of all or any of the contracts, assurances
of property, agreements, settlements, awards, standing
orders or other instruments in force (to which such
industrial undertaking or the company owning such
undertaking is a party or which may be applicable to
such industrial undertaking or
107D
company) immediately before the date of issue of such
notified order shall remain suspended or that all or
any of the rights, privileges, obligations and
liabilities accruing or arising thereunder before the
said date, shall remain suspended or shall be
enforceable with such adaptations and in such manner as
may be specified in the notified order.
(2) The notified order made under sub-section (1) shall remain in
force in the first instance, for a period of one year, but the
duration of such notified order may be extended from time to time by a
further notified order by a period not exceeding one year at a time:
Provided that no such notified order shall, in any case, remain
in force--
(a) after the expiry of the period for which the management
of the industrial undertaking was taken over under
section 18A, section 18AA or section 18FA, or
(b) for more than 1*[eight years] in the aggregate from the
date of issue of the first notified order,
whichever is earlier.
(3) Any notified order made under sub-section (1) shall have
effect notwithstanding anything to the contrary contained in any other
law, agreement or instrument or any decree or order of a court,
tribunal, officer or other authority or of any submission, settlement
or standing order.
(4) Any remedy for the enforcement of any right, privilege,
obligation or liability referred to in clause (b) of sub-section (1)
and suspended or modified by a notified order made under that sub-
section shall, in accordance with the terms of the notified order,
remain suspended or modified, and all proceedings relating thereto
pending before any court, tribunal, officer or other authority shall
accordingly remain stayed or be continued subject to such adaptations,
so, however, that on the notified order ceasing to have effect--
(a) any right, privilege, obligation or liability so
remaining suspended or modified shall become revived
and enforceable as if the notified order had never
been made;
(b) any proceeding so remaining stayed shall be proceeded
with, subject to the provisions of any law which may
then be in force, from the stage which had been reached
when the proceedings became stayed.
----------------------------------------------------------------------
1. Subs. by Act 17 of 1979, s. 2 (w.e.f. 30-12-1978).
107E
(5) In computing the period of limitation for the enforcement of
any right, privilege, obligation or liability referred to in clause
(b) of sub-section (1), the period during which it or the remedy for
the enforcement thereof remained suspended shall be excluded.
CHAP
LIQUIDATION OR RECONSTRUCTION OF COMPANIES
CHAPTER IIIAC
LIQUIDATION OR RECONSTRUCTION OF COMPANIES
18FC
Power of Central Government to call for report on the affairs andworking
of managed company.
18FC. Power of Central Government to call for report on the
affairs and working of managed company. Where the management or
control of an industrial undertaking has been taken over under section
18A, whether before or after the commencement of the Industries
(Development and Regulation) Amendment Act, 1971 (72 of 1971), or
under section 18AA or section 18FA, the central Government may, at any
time during the continuance of such management or control, call for a
report from the authorised person on the affairs and working of the
industrial undertaking and in submitting the report the authorised
person shall take into account the inventory and the lists of members
and creditors prepared under section 18FG.
18FD
Decision of Central Government in relation to managed company.
18FD. Decision of Central Government in relation to managed
company. (1) If, on receipt of the report submitted by the authorised
person, the Central Government is satisfied,--
(a) in relation to the company owning the industrial
undertaking, which is not being wound up by the High
Court, that the financial condition and other
circumstances of the company are such that it is not in
a position to meet its current liabilities out of its
current assets, that Government may, if it considers
necessary or expedient in the interests of the general
public so to do, by order, decide that the industrial
undertaking should be sold as a running concern as
provided in section 18FE and proceedings should
simultaneously be started for the winding up, by the
High Court, of the company;
(b) in relation to the company, owning the industrial
undertaking, which is being wound up by the High Court,
that its assets and liabilities are such that in the
interests of its creditors and contributories the
industrial undertaking should be sold as a running
concern as provided in section 18FE, it may, by order,
decide accordingly.
107F
(2) Notwithstanding anything contained in sub-section (1), if on
receipt of the report submitted by the authorised person the Central
Government is satisfied that--
(a) in the interests of the general public, or
(b) in the interests of the shareholders, or
(c) to secure the proper management of the company owning
the industrial undertaking,
it is necessary so to do, that Government may, by order, decide to
prepare a scheme for the reconstruction of the company owning the
industrial undertaking:
Provided that no such scheme shall be prepared in relation to a
company which is being wound up by or under the supervision of the
High Court, except with the previous permission of that Court.
(3) The powers exercisable by the Central Government under
section 18F, in relation to an undertaking taken over under section
18A, shall also be exercisable in relation to an undertaking taken
over section 18AA or section 18FA, but such powers shall not be
exercised after the making of an order under sub-section (1) or, as
the case may be, under sub-section (2) of this section.
18FE
Provisions where Government decides to follow the course of actionspecified
in section 18FD (1).
18FE. Provisions where Government decides to follow the course of
action specified in section 18FD (1). (1) The provisions hereinafter
laid down shall apply where the Central Government decides that the
course of action specified in sub-section (1) of section 18FD should
be followed, namely:--
(a) the decision of the Central Government that the course
of action specified in clause (a) of sub-section (1) of
section 18FD should be followed in relation to a
company owning an industrial undertaking shall be
deemed to be a ground specified in section 433 of the
Companies Act, 1956 (1 of 1956), on which company may
be wound up by the High Court;
(b) the authorised person shall, as soon as may be, after
the decision specified in clause (a) of sub-section (1)
of section 18FD has been taken by the Central
Government, present an application to the High Court
for the winding up of the company owning the industrial
undertaking ;
(c) when an application is made by the authorised person,
under clause (b), for the winding up, by the High
Court, of the company owning the industrial
undertaking, the High Court shall order the winding up
of the company and shall,
107G
notwithstanding anything contained in the Companies
Act, 1956 (1 of 1956), appoint the authorised person as
the Official Liquidator in relation to such under-
taking;
(d) whenever the Central Government decides under clause (b)
of sub-section (1) of section 18FD that the industrial
undertaking should be sold as a running concern, it
shall cause a copy of its decision to be laid before
the High Court;
(e) until the industrial undertaking referred to in clause
(a) or clause (b) of sub-section (1) of section 18FD is
sold or purchased in pursuance of this section, the
authorised person shall continue to function as the
Official Liquidator in relation to the said undertaking
in the winding up proceedings of the company, and,
thereafter the Official Liquidator appointed by the
Central Government under section 448 of the Companies
Act, 1956 (1 of 1956), shall take over and function as
the Official Liquidator in the said proceedings.
(2) The authorised person shall make a report to the Central
Government as to what should be the reserve price for the sale of the
industrial undertaking as a running concern.
(3) In making a report under sub-section (2), the authorised
person shall have regard to--
(a) the financial condition of the company owning the
industrial undertaking on the date on which the order
under section 18FD is made--
(i) as disclosed in its books of account,
(ii) as disclosed in its balance-sheet and
profit and loss account during a period of five
years immediately preceding the said date;
(b) the condition and nature of the plant, machinery,
instruments and other equipment from the point of view
of their suitability for profitable use in the running
of the industrial undertaking;
(c) the total amount of liability on account of secured and
unsecured debts including overdrafts, if any, drawn on
banks, liabilities on account of terminal benefits to
the employees and other borrowings and other
liabilities of the company; and
(d) other relevant factors including the factor that the
industrial undertaking will be sold free from all
incumbrances.
107H
(4) Notice of the reserve price determined by the authorised
person shall be given in such manner as may be prescribed to the
members and creditors of the company owning such industrial
undertaking to make representations within a specified time to the
Central Government through the authorised person and the Central
Government shall, after considering the representations received and
the report of the authorised person, determine the reserve price.
(5) The authorised person shall thereafter, with the permission
of the High Court, invite tenders from the public in such manner as
may be determined by the High Court for the sale of the industrial
undertaking as a running concern subject to the condition that it will
be sold to the person offering the highest price which shall not be
less than the reserve price determined under sub-section (4):
Provided that the High Court shall not refuse to grant such
permission if it is satisfied that the company is not in a position to
meet its current liabilities out of its current assets.
(6) The industrial undertaking shall be sold to the highest
bidder, as a running concern, only if the price offered by him
therefor is not less than the reserve price.
(7) Where no offer of price is equal to, or more than, the
reserve price, the industrial undertaking shall be purchased by the
Central Government at the reserve price.
(8) (a) The amount realised from the sale of the industrial
undertaking as a running concern together with any other sum which may
be realised from any contributory, purchaser or any other person from
whom any money is due to the company shall be utilised in accordance
with the provisions of the Companies Act, 1956 (1 of 1956), in
discharging the liabilities of the company and distributing the
balance, if any, amongst the members of the company.
(b) In other respects, the provisions of the Companies Act, 1956
(1 of 1956), relating to the winding up of a company by the High Court
shall, as far as may be, apply.
(9) When an industrial undertaking is sold to any person under
sub-section (6), or purchased by the Central Government under sub-
section (7), there shall be transferred to and vested in the
purchaser, free from all incumbrances, all such assets relating to the
industrial undertaking as are referred to in sub-clause (i) of clause
(a) of section 18FG and existing at the time of the sale or purchase.
107I
18FF
Provisions where Government decides to follow the course of actionspecified
in section 18FD(2).
18FF. Provisions where Government decides to follow the course of
action specified in section 18FD(2). (1) Where in any case the Central
Government decides that the course of action specified in sub-section
(2) of section 18FD should be followed, it shall, subject to the
provisions of that sub-section, cause to be prepared, by the
authorised person, a scheme for the reconstruction of the company,
owning the industrial undertaking, in accordance with the provisions
hereinafter contained and the authorised person shall submit the same
for the approval of that Government.
(2) The scheme for the reconstruction of the company owning the
industrial undertaking may contain provisions for all or any of the
following matters, namely :--
(a) the constitution, name and registered office, the
capital, assets, powers, rights, interests, authorities
and privileges, the liabilities, duties and obligations
of the company on its reconstruction;
(b) any change in the Board of directors, or the appointment
of a new Board of directors of the company on its
reconstruction and the authority by whom, the manner in
which and the other terms and conditions on which, such
change or appointment shall be made and in the case of
appointment of a new Board of directors or of any
director, the period for which such appointment shall
be made;
(c) the vesting of controlling interest, in the
reconstructed company, in the Central Government either
by the appointment of additional directors or by the
allotment of additional shares;
(d) the alteration of the memorandum and articles of
associations of the company, on its reconstruction, to
give effect to such reconstruction;
(e) subject to the provisions of the scheme, the
continuation by or against the company, on its
reconstruction, of any action or proceedings pending
against the company immediately before the date of its
reconstruction;
(f) the reduction of the interest or rights which the
members and creditors have in or against the company
before its reconstruction to such extent as the Central
Government may consider necessary in the interests of
the general public or in the interests of the members
and creditors or for the maintenance of the business of
the company:
Provided that nothing contained in this clause shall be
deemed to authorise the reduction of the interest or
rights of any
107J
creditor (including Government) in respect of any loan
or advance made by that creditor to the company after
the date on which the management of the industrial
undertaking of the company has been taken over under
section 18A, section 18AA, or section 18FA:
(g) the payment in cash or otherwise to the creditors in
full satisfaction of their claim--
(i) in respect of their interest or rights in
or against the company before its reconstruction ;
or
(ii) where their interest or rights in or
against the company has or have been reduced under
clause (f), in respect of such interest, or rights
as so reduced;
(h) the allotment to the members of the company for shares
held by them therein before its reconstruction [whether
their interest in such shares has been reduced under
clause (f) or not], of shares in the company on its
reconstruction and where it is not possible to allot
shares to any members, the payment in cash to those
members in full satisfaction of their claim--
(1) in respect of their interest in shares in
the company before its reconstruction; or
(2) where such interest has been reduced
under clause (f), in respect of their interest in
shares as so reduced;
(i) the offer by the Central Government to acquire by
negotiations with the members of the company their
respective shares on payment in cash to those members
who may volunteer to sell their shares to the Central
Government in full satisfaction of their claim--
(1) in respect of their interest in shares in
the company before its reconstruction; or
(2) where such interest has been reduced
under clause (f), in respect of their interest in
shares as so reduced;
(j) the conversion of any debentures issued by the company
after the taking over of the management of the company
under section 18A or section 18AA or section 18FA or of
any loans obtained by the company after that date or of
any part of such debentures or loans, into shares in
the company and the allotment of those shares to such
debenture-holders or creditors, as the case may be ;
107K
(k) the increase of the capital of the company by the issue
of new shares and the allotment of such new shares to
the Central Government;
(l) the continuance of the services of such of the employees
of the company as the Central Government may specify in
the scheme in the company itself, on its
reconstruction, on such terms and conditions as the
Central Government thinks fit;
(m) notwithstanding anything contained in clause (l), where
any employees of the company whose services have been
continued under clause (l) have, by notice in writing
given to the company at any time before the expiry of
one month next following the date on which the scheme
is sanctioned by the High Court, intimated their
intention of not becoming employees of the company, on
its reconstruction, the payment to such employees and
to other employees whose services have not been
continued on the reconstruction of the company, of
compensation, if any, to which they are entitled under
the Industrial Disputes Act, 1947 (14 of 1947), and
such pension, gratuity, provident fund and other
retirement benefits ordinarily admissible to them under
the rules or authorisations of the company immediately
before the date of its reconstruction;
(n) any other terms and conditions for the reconstruction of
the company;
(o) such incidental, consequential and supplemental matters
as are necessary to secure that the reconstruction of
the company shall be fully and effectively carried out.
(3) (a) A copy of the scheme, as approved by the Central
Government, shall be sent in draft to the company, to the registered
trade unions, if any, of which the employees of the company are
members and to the creditors thereof for suggestions and objections,
if any, within such period as the Central Government may specify for
this purpose.
(b) The Central Government may make such modifications, if any,
in the draft scheme as it may consider necessary in the light of the
suggestions and objections received from the company, from the
registered trade unions of which the employees of the company are
members and from any members or creditors of the company.
(4) The scheme shall thereafter be placed before the High Court
for its sanction and the High Court, if satisfied that the scheme is
in the interests of the general public or in the interests of the
shareholders or for securing
107L
the proper management of the company and that the scheme is designed
to be fair and reasonable to the members and creditors of the company,
may, after giving a reasonable opportunity to the company and to its
members and creditors of showing cause, sanction the scheme without
any modification or with such modifications as it may consider
necessary.
(5) The scheme, as so sanctioned by the High Court, shall come
into force on such date as that Court may specify in this behalf:
Provided that different dates may be specified for different
provisions of the scheme.
(6) The sanction accorded by the High Court under sub-section (4)
shall be conclusive evidence that all the requirements of this section
relating to the reconstruction of the company have been complied with,
and a copy of the sanctioned scheme certified by the High Court to be
a true copy thereof, shall, in all legal proceedings (whether original
or in appeal or otherwise), be admitted as evidence to the same extent
as the original scheme.
(7) On and from the date of the coming into operation of the
scheme or any provision thereof, the scheme or such provision shall be
binding on the company and also on all the members and other creditors
and employees of the company and on any other person having any right
or liability in relation to the company.
(8) On the coming into operation of the scheme or any provision
thereof, the authorised person shall cease to function, and the
management of the reconstructed company shall be assumed by the Board
of directors as provided in the scheme.
(9) Copies of the scheme shall be laid before each House of
Parliament, as soon as may be, after the scheme has been sanctioned by
the Court.
(10) The provisions of this section and of any scheme made there-
under shall have effect notwithstanding anything contained in sections
391 to 394A (both inclusive) of the Companies Act, 1956 (1 of 1956).
18FG
Preparation of inventory of assets and liabilities and list of membersand
creditors of managed company.
18FG. Preparation of inventory of assets and liabilities and list
of members and creditors of managed company. For the purposes of this
Act, the authorised person shall, as soon as may be, after taking over
the management of the industrial undertaking of a company under
section 18A or section 18AA or section 18FA,--
(a) prepare a complete inventory of--
(i) all properties, movable and immovable,
including lands, buildings, works, workshops, stores,
instruments, plant, machinery, automobiles and other
vehicles, stocks of materials in the course of
production, storage or transit.
107M
raw materials, cash balances, cash in hand, deposits in
bank or with any other person or body or on loan,
reserve funds, investments and book debts and all other
rights and interests arising out of such property as
were immediately before the date of taking over of the
industrial undertaking in the ownership, possession,
power or control of the company, whether within or
without India ; and all books of account, registers,
maps, plans, sections, drawings, records, documents or
titles of ownership of property, and all other
documents of whatever nature relating thereto; and
(ii) all borrowings, liabilities and obligations
of what-ever kind of the company including liability on
account of terminal benefits to its employees
subsisting immediately before the said date;
(b) prepare separately a list of members, and a list of
creditors, of such company as on the date of taking
over of the management of the industrial undertaking
showing separately in the list of creditors, the
secured creditors and the unsecured creditors:
Provided that where the management of the industrial
undertaking of a company has been taken over under the
said section 18A before the commencement of the
Industries (Development and Regulation) Amendment Act,
1971, the aforesaid functions shall be performed by the
authorised person within six months from such
commencement.
18FH
Stay of suits and other proceedings.
18FH. Stay of suits and other proceedings. In the case of a
company in respect of which an order under section 18FD has been made,
no suit or other legal proceeding shall be instituted or continued
against the company except with the previous permission of the Central
Government or any officer or authority authorised by that Government
in this behalf.]
CHAP
CONTROL OF SUPPLY, DISTRIBUTION, PRICE, ETC., OF CERTAIN ARTICLES
CHAPTER IIIB
CONTROL OF SUPPLY, DISTRIBUTION, PRICE, ETC., OF CERTAIN ARTICLES
18G.
Power to control supply, distribution, price, etc., of certainarticles.
18G. Power to control supply, distribution, price, etc., of
certain articles. (1) The Central Government, so far as it appears to
it to be necessary or expedient for securing the equitable
distribution
108
and availability at fair prices of any article or class of articles
relatable to any scheduled industry, may, notwithstanding anything
contained in any other provision of this Act, by notified order,
provide for regulating the supply and distribution thereof and trade
and commerce therein.
(2) Without prejudice to the generality of the powers conferred
by sub-section (1), a notified order made thereunder may provide--
(a) for controlling the prices at which any such article or
class thereof may be bought or sold;
(b) for regulating by licences, permits or otherwise the
distribution, transport, disposal, acquisition,
possession, use or consumption of any such article or
class thereof;
(c) for prohibiting the withholding from sale of any such
article or class thereof ordinarily kept for sale;
(d) for requiring any person manufacturing, producing or
holding in stock any such article or class thereof to
sell the whole or part of the articles so manufactured
or produced during a specified period or to sell the
whole or a part of the articles so held in stock to
such person or class of persons and in such
circumstances as may be specified in the order;
(e) for regulating or prohibiting any class of commercial or
financial transactions relating to such article or
class thereof which in the opinion of the authority
making the order are, or if unregulated are likely to
be, detrimental to public interest;
(f) for requiring persons engaged in the distribution and
trade and commerce in any such article or class thereof
to mark the articles exposed or intended for sale with
the sale price or to exhibit at some easily accessible
place on the premises the price-lists of articles held
for sale and also to similarly exhibit on the first day
of every month, or at such other time as may be
prescribed, a statement of the total quantities of any
such articles in stock;
(g) for collecting any information or statistics with a view
to regulating or prohibiting any of the aforesaid
matters; and
(h) for any incidental or supplementary matters, including,
in particular, the grant or issue of licences, permits
or other documents and the charging of fees therefor.
109
(3) Where, in pursuance of any order made with reference to
clause (d) of sub-section (2), any person sells any article, there
shall be paid to him the price therefor--
(a) where the price can consistently with the controlled
price if any, be fixed by agreement, the price so
agreed upon;
(b) where no such agreement can be reached, the price
calculated with reference to the controlled price, if
any, fixed under this section;
(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.
(4) No order made in exercise of any power conferred by this
section shall be called in question in any Court.
(5) Where an order purports to have been made and signed by an
authority in exercise of any power conferred by this section. a Court
shall, within the meaning of the Indian Evidence Act, 1872 (1 of
1872), presume that such order was so made by that authority.
Explanation.--In this section, the expression 'article or class
of articles' relatable to any scheduled industry includes any article
or class of articles imported into India which is of the same nature
or description as the article or class of articles manufactured or
produced in the scheduled industry.]
CHAP
MISCELLANEOUS
CHAPTER IV
MISCELLANEOUS
19.
Powers of inspection.
19. Powers of inspection. (1) For the purpose of ascertaining the
position or working of any industrial undertaking or for any other
purpose mentioned in this Act or the rules made thereunder, any person
authorized by the Central Government in this behalf shall have the
right--
(a) to enter and inspect any premises;
(b) to order the production of any document, book, register
or record in the possession or power of any person
having the control of, or employed in connection with,
any industrial undertaking; and
(c) to examine any person having the control of, or employed
in connection with, any industrial undertaking.
(2) Any person authorized by the Central Government under sub-
section (1) shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code (45 of 1860).
110
20.
General prohibition of taking over management or control of
industrialundertakings.
20. General prohibition of taking over management or control of
industrial undertakings. After the commencement of this Act, it shall
not be competent for any State Government or a local authority to take
over the management or control of any industrial undertaking under any
law for the time being in force which authorizes any such Government
or local authority so to do.
21.
Certain administrative expenses of Development Councils to be paidfrom
moneys provided by Parliament.
21. Certain administrative expenses of Development Councils to be
paid from moneys provided by Parliament. Such administrative expenses
as relate to the emoluments of officers of a Development Council who
are appointed by or with the approval of the Central Government, shall
be defrayed out of moneys provided by Parliament.
22.
Power of the Central Government to issue directions to DevelopmentCouncils.
22. Power of the Central Government to issue directions to
Development Councils. In the exercise of its functions under this Act,
every Development Council shall be guided by such instructions as may
be given to it by the Central Government and such instructions may
include directions relating to the manner in which, and the purpose
for which, any proceeds of the cess levied under section 9 which may
have been handed over to it, shall be expended.
23.
Decision of Central Government final respecting certain matters.
1*[23. Decision of Central Government final respecting certain
matters. If, for the purposes of this Act, any question arises as to
whether--
(a) there has been a substantial expansion of an industrial
undertaking, or
(b) an industrial undertaking is producing or manufacturing
any new article,
the decision of the Central Government thereon shall be final.]
24.
Penalties.
24. Penalties. 2*[(1) If any person contravenes or attempts to
contravene or abets the contravention of--
(i) the provisions of sub-section (1) 3*[or sub-section (4)]
of section 10 or of sub-section (1) of section 11 or of
section 11A or of sub-section (1) of section 13 4*[or
of 5*[sub-sections (2), (2A), (2D), (2F) and (2G) of
section 29B], or
(ii) any direction issued under section 16 or sub-section
(3) of section 18B, or
(iii) any order made under section 18G, or
(iv) any rule the contravention of which is made punishable
under this section,
he shall be punishable with imprisonment which may extend to six
months, or with fine which may extend to five thousand rupees, or
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 14, for the original section.
2. Subs. by s. 15, ibid., for the original sub-section.
3. Ins. by Act 67 of 1973, s. 3 (w.e.f. 7-2-1974).
4. Ins. by Act 71 of 1956, s. 4 (w.e.f. 1-3-1957).
5. Subs. by Act 4 of 1984, s. 4 (w.e.f. 12-1-1984).
111
with both, and, in the case of a continuing contravention, with an
additional fine which may extend to five hundred rupees for every day
during which such contravention continues after conviction for the
first such contravention.]
(2) If the person contravening any of the said provisions is a
company, every person who at the time the offence was committed was in
charge of, and was responsible to, the company for the conduct of the
business of the company, as well as the company, shall be deemed to be
guilty of the contravention and shall be liable to be proceeded
against and punished accordingly :
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act, if he
proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(3) Notwithstanding anything contained in sub-section (2), where
an offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director or manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm
or other association of individuals; and
(b) "director" in relation to a firm means a partner in the
firm.
24A.
Penalty for false statements.
1*[24A. Penalty for false statements. If any person,--
(a) when required by this Act or by any order under this Act
to make any statement or furnish any information, makes
any statement or furnishes any information which is
false in any material particular and which he knows or
has reasonable cause to believe to be false or does not
believe to be true; or
(b) makes any such statement as aforesaid in any book,
account, record, declaration, return or other document
which he is required by any order made under this Act
to maintain or furnish;
----------------------------------------------------------------------
1. Ins. by Act 26 of 1953, s. 16.
112
he shall be punishable with imprisonment which may
extend to three months, or with fine which may extend
to two thousand rupees, or with both.]
25.
Delegation of powers.
1*[25. Delegation of powers. (1) The Central Government may, by
notified order, direct that any power exercisable by it under this Act
(other than the power given to it by sections 16 2*[18A, 18AA and
18FA]) shall, in relation to such matters and subject to such
conditions, if any, as may be specified in the direction, be
exercisable also by such officer or authority (including in the said
expressions any Development Council, State Government or officer or
authority subordinate to the Central Government) as may be specified
in the direction.
(2) Any power exercisable by a State Government by virtue of a
direction under sub-section (1) may, unless otherwise provided in such
direction, be exercised also by such officer or authority subordinate
to that State Government as it may, by notified order, specify in this
behalf.
26.
Power to issue directions.
26. Power to issue directions. The Central Government may give
directions to any State Government as to the carrying into execution
in the State of any of the provisions of this Act or of any order or
direction made thereunder.
27.
Cognizance of offences.
27. Cognizance of offences. No Court shall take cognizance of any
offence punishable under this Act except on a report in writing of the
facts constituting such offence made by a person who is a public
servant as defined in section 21 of the Indian Penal Code (45 of
1860).
28.
Burden of proof in certain cases.
28. Burden of proof in certain cases. Where any person is
prosecuted for contravening any order made under section 18G which
prohibits him from doing an act or being in possession of a thing
without lawful authority or without a permit, licence or other
document, the burden of proving that he has such authority, permit,
licence or other document shall be on him.
29.
Jurisdiction of Courts.
29. Jurisdiction of Courts. (1) Subject to the provisions of sub-
section (2), no Court inferior to that of a Presidency Magistrate or a
Magistrate of the first class shall try any offence punishable under
this Act.
(2) Any Magistrate or bench of Magistrates empowered, for the
time being, to try in a summary way the offences specified in sub-
section (1) of section 260 of the Code of Criminal Procedure, 1898
(5 of 1898), may, on application in this behalf being made by the
prosecution, try, in accordance with the
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 17, for original sections 25 to 29.
2. Subs. by Act 72 of 1971, s. 7, for "and 18A" (w.e.f. 1-11-1971).
113
provisions contained in sections 262 to 265 of the said Code any
offence which consists of a contravention of an order made under
section 18G.
29A.
Special provision regarding fines.
29A. Special provision regarding fines. Notwithstanding anything
contained in section 32 of the Code of Criminal Procedure, 1898 (5 of
1898), it shall be lawful for any Magistrate of the first class and
for any Presidency Magistrate to pass a sentence of fine exceeding one
thousand rupees on any person convicted of any offence under this Act.
29B.
Power to exempt in special cases.
29B. Power to exempt in special cases. 1*[(1)] If the Central
Government is of opinion, having regard to the smallness of the number
of workers employed or to the amount invested in any industrial
undertaking or to the desirability of encouraging small undertakings
generally or to the stage of development of any scheduled industry,
that it would not be in public interest to apply all or any of the
provisions of this Act thereto, it may, by notification in the
Official Gazette, exempt, subject to such conditions as it may think
fit to impose, any industrial undertaking or class of industrial
undertakings or any scheduled industry or class of scheduled
industries as it may specify in the notification from the operation of
all or any of the provisions of this Act or of any rule or order made
thereunder.
2*[(2) Where any notification under sub-section (1) granting any
exemption is cancelled, no owner of any industrial undertaking to
which the provisions of section 10, section 11, section 11A or clause
(d) of sub-section (1) of section 13 would have applied, if the
notification under sub-section (1) had not been issued, shall carry on
the business of the undertaking after the expiry of such period as may
be specified in the notification cancelling the exemption except under
and in accordance with a licence issued in this behalf by the Central
Government and, in the case of a State Government, except under and in
accordance with the previous permission of the Central Government.
3*[(2A) In particular, and without prejudice to the generality of
the provisions of sub-section (1), the Central Government may, if it
is satisfied, after considering the recommendations made to it by the
Advisory Committee constituted under sub-section (2B), that it is
necessary so to do for the development and expansion of ancillary, or
small scale, industrial undertakings, by notified order, direct that
any article or class of articles specified in the First Schedule
shall, on and from such date as may be specified in the notified order
(hereafter in this section referred to as the "date of reservation"),
be reserved for exclusive production by the ancillary, or small scale,
industrial undertakings (hereafter in this section referred to as
"reserved article").
(2B) The Central Government shall, with a view to determining the
nature of any article or class of articles that may be reserved for
production by the ancillary, or small scale, industrial undertakings,
constitute an Advisory Committee consisting of such persons as have,
in the opinion of that Government, the necessary expertise to give
advice on the matter.
(2C) The Advisory Committee shall, after considering the
following matters, communicate its recommendations to the Central
Government, namely:--
(a) the nature of any article or class of articles which may
be produced economically by the ancillary, or small scale,
industrial undertakings;
(b) the level of employment likely to be generated by the
production of such article or class of articles by the ancillary,
or small scale, industrial undertakings;
(c) the possibility of encouraging and diffusing
entrepreneurship in industry;
(d) the prevention of concentration of economic power to the
common detriment; and
(e) such other matters as the Advisory Committee may think
fit.
(2D) The production of any reserved article or class of reserved
articles by any industrial undertaking (not being an ancillary, or
small scale, industrial undertaking) which, on the date of
reservation, is engaged in, or has taken effective steps for, the
production of any reserved article or class of reserved articles,
shall, after the commencement of the Industries (Development and
Regulation) Amendment Act, 1984, or, as the case may be, the date of
reservation, whichever is later, be subject to such conditions as the
Central Government may, by notified order, specify.
(2E) While specifying any condition under sub-section (2D), the
Central Government may take into consideration the level of production
of any reserved article or class of reserved articles achieved,
immediately before the date of reservation, by the industrial
undertaking referred to in sub-section (2D), and such other factors as
may be relevant.
(2F) Every person or authority, not being the Central Government,
who, or which, is registered under section 10 or to whom, or to which,
a licence has been issued or permission has been granted under section
11 for the production of any article or class of articles which has,
or have, been subsequently reserved for the ancillary, or small scale,
industrial undertakings, shall produce, such registration certificate,
licence or permission, as the case may be, within such period as the
Central Government may, by notified order, specify in this behalf, and
the Central Government may enter therein all or any of the conditions
specified by it under sub-section (2D), including the productive
capacity of the industrial undertakings and other prescribed
particulars.
(2G) The owner of every industrial undertaking (not being an
ancillary, or small scale, industrial undertaking) which, immediately
before the commencement of the Industries (Development and Regulation)
Amendment Act, 1984, or the date of reservation, whichever is later,--
(a) was engaged in the production of any article or class of
articles, which has, or have, been reserved for the ancillary, or
small scale, industrial undertakings, or
(b) had before such commencement or before the date of such
reservation, as the case may be, taken effective steps for
commencing the production of such reserved article or class of
reserved articles,
without being registered under section 10 or in respect of which a
licence or permission has not been issued under section 11, shall
refrain from the production of such reserved article or class of
reserved articles, on and from the date of expiry of three months from
such commencement or from the date of such reservation, whichever is
later.
(2H) Every notified order made under sub-section (2A) shall be
laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days,
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the sessions immediately
following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the notified order or both
Houses agree that the notified order should not be made, the notified
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 notified order.'.
(3) The provisions of this Act shall apply, so far as may be, in
relation the issue of a licence or permission to any industrial
undertaking referred in sub-section (2) as they apply in relation to
the issue of a licence or permission to a new industrial undertaking.]
29C.
Protection of action taken under the Act.
29C. Protection of action taken under the Act. (1) No suit,
prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this
Act or any rule or order made thereunder.
----------------------------------------------------------------------
1. S. 29B re-numbered as sub-section (1) of that section by Act 71
of 1956, s. 5 (w.e.f. 1-3-1957).
2. Ins. by s. 5, ibid (w.e.f. 1-3-1957).
3. Ins. by Act 4 of 1984, s. 5 (w.e.f. 12-1-1984).
114
(2) No suit or other legal proceeding shall lie against the
Government for any damage caused or likely to be caused by anything
which is in good faith done or intended to be done in pursuance of
this Act or any rule or order made thereunder.]
29D.
Debts incurred by the authorised person to have priority.
1*[29D. Debts incurred by the authorised person to have priority.
Every debt arising out of any loan obtained by the authorised person
for carrying on the management of, or exercising functions of control
in relation to an industrial undertaking or part thereof, the
management of which has been taken over under section 18A or section
18AA or section 18FA,--
(a) shall have priority over all other debts, whether
secured or unsecured, incurred before the management of
such industrial undertaking was taken over;
(b) shall be a preferential debt within the meaning of
section 530 of the Companies Act, 1956 (1 of 1956),
and such debts shall rank equally among themselves and be paid in full
out of the assets of the industrial undertaking unless such assets are
insufficient to meet them, in which case they shall abate in equal
proportions.]
30.
Power to make rules.
30. Power to make rules. (1) The Central Government may, subject
to the condition of previous publication, make rules 2* 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 Advisory Council and Development
Councils, the term of office and other conditions of
service of, the procedure to be followed by, and the
manner of filling casual vacancies among, members of
the Advisory Council or a Development Council;
(b) the form of the statement of account to be furnished by
a Development Council;
(c) the intervals at which, the time within which, and the
manner in which, the cess leviable under section 9
shall be payable and the rebate for the prompt payment
of such cess;
----------------------------------------------------------------------
1. Ins. by Act 72 of 1971, s. 8 (w.e.f. 1-11-1971).
2. See the Central Advisory Council (Procedural) Rules, 1952,
Gazette of India, 1952, Extraordinary, Pt. II, See. 3, p. 540; the
Registration and Licensing of Industrial Undertakings Rules, 1952,
ibid., p. 617 and the Development Councils (Procedural) Rules, 1952,
ibid., 1953, p. 467.
115
(d) the expenses which a Development Council may meet from
the proceeds of the cess levied under section 9 which
may have been handed over to it;
(e) the appointment by or with the approval of the Central
Government of any officers of a Development Council;
(f) the facilities to be provided by any industrial
undertaking for the training of technicians and labour;
(g) the collection of any information or statistics in
respect of any scheduled industry;
(h) the manner in which industrial undertakings may be
registered under section 10 and the levy of a fee
therefor;
(i) the procedure for the grant or issue of licences and
permissions under 1*[section 11, section 11A,
2*[section 13 or section 29B]], the time within which
such licences or permissions shall be granted or issued
including, in particular, the publication of notices
calling for applications and the holding of such public
inquiry in relation thereto as may be necessary in the
circumstances;
(j) the fees to be levied in respect of licences and
permissions issued under this Act;
(k) the matters which may be taken into account in the
granting or issuing of licences and permissions,
including in particular, the previous consultation by
the Central Government with the Advisory Council or any
Development Council or both in regard to the grant or
issue of any such licences or permissions;
(l) the procedure to be followed in making any investigation
under this Act;
(m) the conditions which may be included in any licences and
permission;
(n) the conditions on which licences and permissions may be
varied or amended under section 12;
(o) the maintenance of books, accounts and records relating
to an industrial undertaking;
(p) the submission of special or periodical returns relating
to an industrial undertaking by persons having the
control of, or employed in connection with, such
undertaking, and the
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 18, for "section 11 or section 13".
2. Subs. by Act 71 of 1956, s. 6, for "or section 13" (w.e.f. 1-3-
1957).
116
forms in which, and the authorities to which such
returns and reports shall be submitted;
1*[(pp) any matter which is to be or may be prescribed for
giving effect to the provisions of Chapter IIIAA or
Chapter IIIAC;]
(q) any other matter which is to be or may be prescribed
under this Act.
(3) Any rule made under this section may provide that a
contravention thereof shall be punishable under section 24.
2*[(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 the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.]
31.
Application of other laws not barred.
31. Application of other laws not barred. The provisions of this
Act shall be in addition to and not, save as otherwise expressly
provided in this Act, in derogation of any other Central Act for the
time being in force, relating to any of the scheduled industries.
32.
Amendment of section 2 of Act 14 of 1947.
32. [Amendment of section 2 of Act 14 of 1947.] Rep. by the
Repealing and Amending Act, 1957 (36 of 1957), s. 2 and Sch. 1.
SCHE
See sections 2 and 3 (i)
3*[THE FIRST SCHEDULE
[See sections 2 and 3 (i)]
Any industry engaged in the manufacture or production of any of
the articles mentioned under each of the following headings or sub-
headings, namely:--
1. METALLURGICAL INDUSTRIES :
A. Ferrous :
(1) Iron and steel (Metal).
(2) Ferro-alloys.
(3) Iron and Steel castings and forgings.
(4) Iron and Steel structurals.
(5) Iron and Steel pipes.
(6) Special steels.
(7) Other products of iron and steel.
----------------------------------------------------------------------
1. Ins. by Act 72 of 1971, s. 9 (w.e.f. 1-11-1971).
2. Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).
3. Subs. by Act 71 of 1956, s. 7, for the original Schedule (w.e.f.
1-3-1957).
116A
B. Non-ferrous:
1*[(1) Precious metals, including gold and silver, and their
alloys.
(1A) Other non-ferrous metals and their alloys.]
(2) Semi-manufactures and manufactures.
2. FUELS:
(1) Coal, lignite, coke and their derivatives.
(2) Mineral oil (crude oil), motor and aviation spirit,
diesel oil, kerosene oil, fuel oil, diverse hydrocarbon
oils and their blends including synthetic fuels,
lubricating oils and the like.
(3) Fuel gases--(coal gas, natural gas and the like).
3. BOILERS AND STEAM GENERATING PLANTS:
Boilers and steam generating plants.
----------------------------------------------------------------------
1. Subs. by Act 37 of 1962, s. 2, for item (1).
117
4. PRIME MOVERS (OTHER THAN ELECTRICAL GENERATORS)
(1) Steam engines and turbines.
(2) Internal combustion engines.
5. ELECTRICAL EQUIPMENT:
(1) Equipment for generation, transmission and distribution
of electricity including transformers.
(2) Electrical motors.
(3) Electrical fans.
(4) Electrical lamps.
(5) Electrical furnaces.
(6) Electrical cables and wires.
(7) X-ray equipment.
(8) Electronic equipment.
(9) Household appliances such as electric irons, heaters and
the like.
(10) Storage batteries.
(11) Dry cells.
6. TELECOMMUNICATIONS:
(1) Telephones.
(2) Telegraph equipment.
(3) Wireless communication apparatus.
(4) Radio receivers, including amplifying and public address
equipment.
(5) Television sets.
(6) Teleprinters.
7. TRANSPORTATION:
(1) Aircraft.
(2) Ships and other vessels drawn by power.
(3) Railway locomotives.
(4) Railway rolling stock.
(5) Automobiles (motor cars, buses, trucks, motor cycles,
scooters and the like).
(6) Bicycles.
(7) Others, such as fork lift trucks and the like.
118
8. INDUSTRIAL MACHINERY:
A. Major items of specialised equipment used in specific
industries:--
(1) Textile machinery (such as spinning frames, carding
machines, powerlooms and the like) including textile
accessories.
(2) Jute machinery.
(3) Rayon machinery.
(4) Sugar machinery.
(5) Tea machinery.
(6) Mining machinery.
(7) Metallurgical machinery.
(8) Cement machinery.
(9) Chemical machinery.
(10) Pharmaceuticals machinery.
(11) Paper machinery.
B. General items of machinery used in several industries,
such as the equipment required for various 'unit processes:
(1) size reduction equipment--crushers, ball mills and the
like.
(2) Conveying equipment--bucket elevators, skip hoists,
cranes, derricks and the like.
(3) Size separation units--screens, classifiers and the
like.
(4) Mixers and reactors--kneading mills, turbo mixers and
the like.
(5) Filtration equipment--filter presses, rotary filters
and the like.
(6) Centrifugal machines.
(7) Evaporators.
(8) Distillation equipment.
(9) Crystallisers.
(10) Driers.
(11) Power driven pumps--reciprocating, centrifugal and the
like.
(12) Air and gas compressors and vacuum pipes (excluding
electrical furnaces).
(13) Refrigeration plants for industrial use.
118A.
(14) Fire fighting equipment and appliances including Fire
engines.
C. Other items of industrial Machinery:
(1) Ball, roller and tapered bearings.
(2) Speed reduction units.
(3) Grinding wheels and abrasives.
9. MACHINE TOOLS:
Machine tools.
10. AGRICULTURAL MACHINERY:
(1) Tractors, harvestors and the like.
(2) Agricultural implements.
11. EARTH-MOVING MACHINERY:
Bulldozers, dumpers, scrapers, loaders, shovels, drag lines,
bucket wheel excavators, road rollers and the like.
12. MISCELLANEOUS MECHANICAL AND ENGINEERING INDUSTRIES:
(1) Plastic moulded goods.
(2) Hand tools, small tools and the like.
(3) Razor blades.
1*[(4) Pressure Cookers.
(5) Cutlery.
(6) Steel furniture.]
13. COMMERCIAL, OFFICE AND HOUSEHOLD EQUIPMENT:
(1) Typewriters.
(2) Calculating machines.
(3) Air conditioners and refrigerators.
(4) Vacuum cleaners.
(5) Sewing and knitting machines.
(6) Hurricane lanterns.
14. MEDICAL AND SURGICAL APPLIANCES:
Surgical instruments--sterilisers, incubators and the like.
15. INDUSTRIAL INSTRUMENTS:
(1) Water meters, steam meters, electricity meters and the
like.
(2) Indicating, recording and regulating devices for
pressure, temperature, rate of flow, weights, levels
and the like.
(3) Weighing machines.
----------------------------------------------------------------------
1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).
118B
16. SCIENTIFIC INSTRUMENTS:
Scientific instruments.
17. MATHEMATICAL, SURVEYING AND DRAWING INSTRUMENTS:
Mathematical, surveying and drawing instruments.
18. FERTILISERS:
(1) Inorganic fertilisers.
(2) Organic fertilisers.
(3) Mixed fertilisers.
19. CHEMICALS (OTHER THAN FERTILISERS):
(1) Inorganic heavy chemicals.
(2) Organic heavy chemicals.
(3) Fine chemicals including photographic chemicals.
(4) Synthetic resins and plastics.
(5) Paints, varnishes and enamels.
(6) Synthetic rubbers.
(7) Man-made fibres including regenerated cellulose-rayon,
nylon and the like.
(8) Coke oven by-products.
(9) Coal tar distillation products like nephathalene,
anthracene and the like.
(10) Explosives including gun powder and safety fuses.
(11) Insecticides, fungicides, weedicides and the like.
(12) Textile auxiliaries.
(13) Sizing materials including starch.
(14) Miscellaneous chemicals.
20. PHOTOGRAPHIC RAW FILM AND PAPER:
(1) Cinema film.
(2) Photographic amateur film.
(3) Photographic printing paper.
21. DYE-STUFFS:
Dye-stuffs.
22. DRUGS AND PHARMACEUTICALS:
Drugs and pharmaceuticals.
118C
23. TEXTILES (INCLUDING THOSE DYED, PRINTED OR OTHERWISE
PROCESSED):
(1) made wholly or in part of cotton, including cotton yarn,
hosiery and rope.
(2) made wholly or in part of jute, including jute twine and
rope.
(3) made wholly or in part of wool, including wool tops,
woollen yarn, hosiery, carpets and druggets.
(4) made wholly or in part of silk, including silk yarn and
hosiery.
(5) made wholly or in part of synthetic, artificial (man-
made) fibres, including yarn and hosiery of such
fibres.
24. PAPER AND PULP INCLUDING PAPER PRODUCTS:
(1) Paper--writing, printing and wrapping.
(2) Newsprint.
(3) Paper board and straw board.
(4) Paper for packaging (corrugated paper, kraft paper,
paper bags, paper containers and the like).
(5) Pulp-wood pulp, mechanical, chemical, including
dissolving pulp.
25. SUGAR:
Sugar.
26. FERMENTATION INDUSTRIES:
(1) Alcohol.
(2) Other products of fermentation industries.
27. FOOD PROCESSING INDUSTRIES:
(1) Canned fruits and fruit products.
(2) Milk foods.
(3) Malted foods.
(4) Flour.
(5) Other processed foods.
28. VEGETABLE OILS AND VANASPATHI:
(1) Vegetable oils, including solvent extracted oils.
(2) Vanaspathi.
118D
29. SOAPS, COSMETICS AND TOILET PREPARATIONS:
(1) Soaps.
(2) Glycerine.
(3) Cosmetics.
(4) Perfumery.
(5) Toilet preparations.
30. RUBBER GOODS:
(1) Tyres and tubes.
(2) Surgical and medicinal products including prophylactics.
(3) Footwear.
(4) Other rubber goods.
31. LEATHER, LEATHER GOODS AND PICKERS:
Leather, leather goods and pickers.
32. GLUE AND GELATIN:
Glue and gelatin.
33. GLASS:
(1) Hollow ware.
(2) Sheet and plate glass.
(3) Optical glass.
(4) Glass wool.
(5) Laboratory ware.
(6) Miscellaneous ware.
34. CERAMICS:
(1) Fire bricks.
(2) Refractories.
(3) Furnace lining bricks--acidic, basic and neutral.
(4) China ware and pottery.
(5) Sanitary ware.
(6) Insulators.
(7) Tiles.
1*[(8) Graphite Crucibles.]
35. CEMENT AND GYPSUM PRODUCTS:
(1) Portland cement.
(2) Asbestos cement.
(3) Insulating boards.
(4) Gypsum board, wall boards and the like.
----------------------------------------------------------------------
1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).
118E
36. TIMBER PRODUCTS:
(1) Plywood
(2) Hardboard, including fibre-board, chip-board and the
like.
(3) Matches.
(4) Miscellaneous (furniture components, bobbins, shuttles
and the like).
37. DEFENCE INDUSTRIES:
Arms and ammunition.
38. MISCELLANEOUS INDUSTRIES:
1*[(1)] Cigarettes.
2*[(2) Linoleum, whether felt based or jute based.]
3*[(3) Zip fasteners (metallic and non-metallic).
(4) Oil stoves.
(5) Printing, including litho printing industry.]
Explanation 1.--The articles specified under each of the headings
Nos. 3, 4, 5, 6, 7, 8, 10, 11 and 13 shall include their component
parts and accessories.
Explanation 2.--The articles specified under each of the headings
Nos. 18, 19, 21 and 22 shall include the intermediates required for
their manufacture.]
SCHE
See section 6(4)
THE SECOND SCHEDULE
[See section 6(4)]
Functions which may be assigned to Development Councils:--
(1) Recommending targets for production, co-ordinating
production programmes and reviewing progress from time
to time.
(2) Suggesting norms of efficiency with a view to
eliminating waste, obtaining maximum production,
improving quality and reducing costs.
(3) Recommending measures for securing the fuller
utilisation of the installed capacity and for improving
the working of the industry, particularly of the less
efficient units.
(4) Promoting arrangements for better marketing and helping
in the devising of a system of distribution and sale of
the produce of the industry which would be satisfactory
to the consumer.
----------------------------------------------------------------------
1. Numbered by Act 67 of 1973, s. 4 (w.e.f. 7-2-1974).
2. Ins. by s. 4, ibid, (w.e.f. 7-2-1974).
3. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).
118F
(5) Promoting standardisation of products.
(6) Assisting in the distribution of controlled materials
and promoting arrangements for obtaining materials for
the industry.
(7) Promoting or undertaking inquiry as to materials and
equipment and as to methods of production, management
and labour utilisation, including the discovery and
development of new materials, equipment and methods and
of improvements in those already in use, the assessment
of the advantages of different alternatives and the
conduct of experimental establishments and of tests on
a commercial scale.
(8) Promoting the training of persons engaged or proposing
engagement in the industry and their education in
technical or artistic subjects relevant thereto.
(9) Promoting the retraining in alternative occupations of
personnel engaged in or retrenched from the industry.
119
(10) Promoting or undertaking scientific and industrial
research, research into matters affecting industrial
psychology and research into matters relating to
production and to the consumption or use of goods and
services supplied by the industry.
(11) Promoting improvements and standardisation of
accounting and costing methods and practice.
(12) Promoting or undertaking the collection and formulation
of statistics.
(13) Investigating possibilities of decentralizing stages
and processes of production with a view to encouraging
the growth of allied small scale and cottage
industries.
(14) Promoting the adoption of measures for increasing the
productivity of labour, including measures for securing
safer and better working conditions and the provision
and improvement of amenities and incentives for
workers.
(15) Advising on any matters relating to the industry (other
than remuneration and conditions of employment) as to
which the Central Government may request the
Development Council to advise and undertaking inquiries
for the purpose of enabling the Development Council so
to advise; and
(16) Undertaking arrangements for making available to the
industry information obtained and for advising on
matters with which the Development Councils are
concerned in the exercise of any of their functions.
SCHE
See section 18FB
1*[THE THIRD SCHEDULE
(See section 18FB)
1. The Industrial Employment (Standing Orders) Act, 1946 (20 of
1946).
2. The Industrial Disputes Act, 1947 (14 of 1947).
3. The Minimum Wages Act, 1948 (11 of 1948).
----------------------------------------------------------------------
1 Ins. by Act 72 of 1971, s. 10 (w.e.f. 1-11-1971).
http://en.wikipedia.org/wiki/Alumni
12.THE ALUMNI OF THE ALMA MATER MOHANLAL
HARGOVINDAS COLLEGE FOR WOMEN ,
JABALPUR,M.P. -1981-1986
http://gmhcollege.nic.in/library.htm
http://en.wikipedia.org/wiki/Alma_mater
Alma mater is Latin for "nourishing mother". It was used in
ancient Rome as a title for the mother goddess, and in
Medieval Christianity for the Virgin Mary. In modern times
it is used to refer to the university or college a person attends
or attended.
Government M.H. College of Home Science and Science
for Women, Jabalpur,Napier Town, ;Jabalpur - 482002,
Madhya Pradesh, India.
http://gmhcollege.nic.in/maps.htm
http://gmhcollege.nic.in/
http://www.mp.gov.in/highereducation/mbwpgcjabalpur/
aboutus.htm
The college Auditorium has witnessed many cultural
and social programmes, including the most celebrated
event that is the Inter-College Youth Festival.
http://www.mp.gov.in/highereducation/mbwpgcjabalpur/
default.htm
http://www.mp.gov.in/highereducation/mbwpgcjabalpur/depart.htm
Department of Psychology
http://www.mp.gov.in/highereducation/mbwpgcjabalpur/books.htm
LEGACY
http://en.wikipedia.org/wiki/Rahul_Gandhi
Rahul Gandhi attended St.Columba's School, New Delhi[4] before entering the The Doon School. The Doon School had been his father's alma mater. [5] Rahul Gandhi attended Doon from 1981-83 before being home-schooled for security reasons.[citation needed] His admission to St Stephen's College was controversial as he was believed to have been admitted on the basis of his abilities as a competitive pistol shooter, which was disputed.[citation needed] He left the school in 1990, after one year of education.
http://en.wikipedia.org/wiki/St_Columba%27s_School_%28Delhi%29
http://en.wikipedia.org/wiki/Christopher_Columbus
Amerigo Vespucci's travel journals, published 1502-4, convinced Martin Waldseemüller that the discovered place was not India, as Columbus always believed, but a new continent, and in 1507, a year after Columbus' death, Waldseemüller published a world map calling the new continent America from Vespucci's Latinized name "Americus". Though he never set foot in what today is the United States, Columbus is sometimes viewed as a hero in that country.
http://en.wikipedia.org/wiki/United_States
The nation was founded by thirteen colonies of Great Britain located along the Atlantic seaboard. Proclaiming themselves "states," they issued the Declaration of Independence on July 4, 1776. The rebellious states defeated Britain in the American Revolutionary War, the first successful colonial war of independence.[8] A federal convention adopted the current United States Constitution on September 17, 1787; its ratification the following year made the states part of a single republic. The Bill of Rights, comprising ten constitutional amendments, was ratified in 1791.
History
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Native Americans and European settlers
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The indigenous peoples of the U.S. mainland, including Alaska, migrated from Asia. They began arriving at least 12,000 and as many as 40,000 years ago.[24] Several indigenous communities in the pre-Columbian era developed advanced agriculture, grand architecture, and state-level societies. European explorer Christopher Columbus arrived at Puerto Rico on November 19, 1493, making first contact with the Native Americans. In the years that followed, the majority
of the Native American population was killed by epidemics of Eurasian diseases.[25]
The Mayflower transported Pilgrims to the New World in 1620, as depicted in William Halsall's The Mayflower in Plymouth Harbor, 1882
Spaniards established the earliest European colonies on the mainland, in the area they named Florida; of these, only St. Augustine, founded in 1565, remains. Later Spanish settlements in the present-day southwestern United States drew thousands through Mexico. French fur traders established outposts of New France around the Great Lakes; France eventually claimed much of the North American interior as far south as the Gulf of Mexico. The first successful English settlements were the Virginia Colony in Jamestown in 1607 and the Pilgrims' Plymouth Colony in 1620. The 1628 chartering of the Massachusetts Bay Colony resulted in a wave of migration; by 1634, New England had been settled by some 10,000 Puritans. Between the late 1610s and the revolution, an estimated 50,000 convicts were shipped to England's, and later Great Britain's, American colonies.[26] Beginning in 1614, the Dutch established settlements along the lower Hudson River, including New Amsterdam on Manhattan Island. The small settlement of New Sweden, founded along the Delaware River in 1638, was taken over by the Dutch in 1655.
In the French and Indian War, the colonial extension of the Seven Years' War, British forces seized Canada from the French, but the francophone population remained politically isolated from the southern colonies. By 1674, British forces had won the former Dutch colonies in the Anglo-Dutch Wars; the province of New Netherland was renamed New York. With the 1729 division of the Carolinas and the 1732 colonization of Georgia, the thirteen British colonies that would become the United States of America were established. All had active local and colonial governments with elections open to most free men, with a growing devotion to the ancient rights of Englishmen and a sense of self government that stimulated support for republicanism. All had legalized the African slave trade. With high birth rates, low death rates, and steady immigration, the colonies doubled in population every twenty-five years. The Christian revivalist movement of the 1730s and 1740s known as the Great Awakening fueled interest in both religion and religious liberty. By 1770, the colonies had an increasingly Anglicized population of three million, approximately half that of Britain itself. Though subject to British taxation, they were given no representation in the Parliament of Great Britain.
http://en.wikipedia.org/wiki/Burning_of_Washington
"The Taking of the City of Washington in America," 1814 engraving
http://weblogs.chicagotribune.com/news/politics/blog/foreign_policy/
http://www.hindustantimes.com/news/specials/proj_tabloid/photofeature191202a.shtml
http://timesofindia.indiatimes.com/articleshow/7869194.cms
| Shivani murder case |
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 It was Jan 23, 1999, Shivani Bhatnagar, principal correspondent of Indian Express was found murdered in her flat in East Delhi. She was at home alone with her infant son, when the murder took place.R K Sharma, a senior Haryana cadre IPS officer was found to be prime accused in the case.
He was on the run since August 3 this year, ever since the Delhi police issued an arrested warrant against him in connection with the murder case. |
Online edition of India's National Newspaper
Saturday, Sep 28, 2002 |
Group Publications Business Line The Sportstar Frontline The Hindu
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Front Page  
R.K. Sharma surrenders in Ambala court
By Our Special Correspondent
The prime accused in the Shivani Bhatnagar murder case, R.K. Sharma, outside the court in Ambala on Friday, after he surrendered. — PTI
Saath mein baap kata hua kaun hai -carlos?
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Gulshan Kumar murder case
24 Apr 2002, 1625 hrs IST,PTI
mumbai: following is the chronology of events in the gulshan kumar murder case. august 12, 1997 : gulshan kumar is shot dead at jeet nagar in juhu. august 30, 1997 : mumbai police commissioner r h mendonca declares that music composer nadeem akhtar saifee is the prime conspirator. police allege that nadeem had hired the killers. october 6, 1997 : the owner of tips cassettes, ramesh taurani, is arrested on charges of abetting the crime. police allege he paid rs 25 lakh to gulshan kumar's killers. november 28, 1997 : police file a 400-page chargesheet, accusing 26 people of conspiring to kill gulshan kumar. fifteen of them are arrested. of these, mohammed ali shaikh turns approver. september 9, 1998 : accused shafi ahmed, alias shafi mamu, is arrested. police allege he sent the killers to dubai to meet contract killer abu salem. he is also charged with giving pagers and mobile phones to the killers. september 5, 1999 : thane rural police arrest two more people accused in the case: rasheed daud merchant (alleged assassin) and fatima daud merchant in uttar pradesh. september 21, 1999 : hearing an extradition case filed by the government of india against nadeem, bow street magistrate in london rules that there is prima facie case against nadeem and recommends his extradition december 21, 2000 : the london high court rejects the government of india's plea to extradite nadeem. he is discharged from the case. the court also passes strictures against the police, saying the evidence is tainted. january 8, 2001 : abdul rauf daud merchant (another alleged assassin) is arrested in kolkata. april 27, 2001 : shafi ahmed is the first accused to be discharged in the case. prosecution concedes there is no evidence against him. april 30, 2001 : charges are framed against 17 accused. one of the accused pratap singh shaukin is discharged due to lack of evidence. shaukin was accused of helping the killers escape. he allegedly took them from mumbra in nearby thane to nasik in his tempo. june 18, 2001 : trial begins. ramchandra lavangare, an eyewitness, identifies the alleged assassins — abdul rashid daud and abdul rauf daud merchant — in the court. june 20, 2001 : another eye witness sahibrao fuke identifies the alleged killers in the court of justice m l tahilyani. june 27, 2001 : keki balsara, key to the prosecution's case against nadeem, is found dead in the washroom of the city police headquarters. january 8, 2002 : approver mohammed ali shaikh refuses to identify the alleged killers in court. he says he did not know nadeem. he is declared hostile, and pardon granted to him is withdrawn. january 10, 2002 : ten of the accused are granted bail after prosecution says it would not produce any new evidence against them. april 16, 2002 : prosecution accepts there is no evidence against 15 of the 19 people accused in the case. april 23, 2002 : the sessions court rejects the conspiracy charge levelled by the prosecution against the accused. april 24, 2002 : 18 of the 19 accused are acquitted. one is found guilty. related stories
http://www.indianexpress.com/res/web/pIe/ie/daily/19970813/nl-body.jpg
The killing sent shockwaves through Bollywood
By the BBC's Tanuja Solanki
A prominent Indian music director has won his appeal at the High Court in London to avoid extradition to India on a murder charge.
Nadeem Akhtar Saifi had been charged by Indian police with murdering the Indian music producer, Gulshan Kumar, in Bombay in 1997.
Nadeem Saifi: Said he would not get fair trial
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The murder sent shockwaves throughout the Indian music industry, and brought to the surface the numerous extortion rackets associated with the huge film business in Bombay, known as Bollywood.
Nadeem Akhtar Saifi's lawyer had previously told the High Court that Mr Saifi had been implicated in the murder of Gulshan Kumar two months after he and his wife came to Britain.
Mr Saifi had apparently intended to return to India, but changed his mind due to serious doubts about the genuineness of the proceedings against him
He also feared that as a Muslim he would not get a fair trial in India.
His defence team had asked the two High Court judges to block his extradition on the grounds that false evidence against him had been obtained through what was described as "inhuman treatment and coercion" of a key witness by the Indian police.
Retracted confession
Today, the judges ruled that the accusation of murder and conspiracy made against Nadeem Akhtar Saifi had not been made in good faith and in the interests of justice.
One of the sitting judges, Lord Justice Rose, told the court that it would not be fair and just to return the applicant to India because of the apparent misbehaviour by the police in pursuing their inquiries.
The case for the prosecution had rested on the evidence of Mohammed Ali Shaikh, who confessed to being part of the murder conspiracy and implicated Mr Saifi as co-conspirator before a magistrate in Bombay.
But according to Mr Saifi's lawyers, Mr Ali Shaikh later retracted his confession saying it had been obtained through police coercion.
Lawyers for the Indian Government have indicated that they will challenge Thursday's ruling in the upper house of parliament.
| The Kinetic TFR Pedal Moped |
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 Introducing the Kinetic TFR Moped a wonderful little moped made in the old school style, but with modern low maintenance features. It has a step-thru box section chassis which incorporates a 0.9 gallon fuel tank and is made out of pressed steel for strength and durability, its step-thru design makes this bike easy to get on and off and gives the TFR the old school moped look. The TFR has spoked wheels with drum brakes and high quality chrome rims shod with 2.25-16" tires front and rear. Larger wheels give this moped great stability and handling and its not upset by potholes or rail crossings, this bike is made in India, and many thousands are in daily use on the rough roads of the sub continent. Front suspension is by sprung front forks and rear suspension is by twin rear shocks. The TFR has a 49.86 cc single cylinder, two-stroke, air cooled engine which develops 3.0 HP at 6500 r.p.m. The engine uses  electronic ignition for low maintenance, and features a decompression system and choke for easy starting, the exhaust is very quiet and is well styled to the bike. The TFR uses a pretty standard moped transmission featuring a belt primary drive to a secondary reduction gearbox at the rear hub, the horizontally mounted engine is in unit with the transmission and rear wheel, this keeps the center of gravity nice and low for great stability. The pedal drive is mounted on the left hand side of the rear swing arm, and is totally enclosed with easy access for maintenance. The pedal drive ratio is selected for both assisting the engine, and riding the bike without the engine, the TFR's light 46 kilo weight makes cycling this moped a reality for short distances. The TFR's 3 h.p. engine has enough power for most situations without having to use the pedals to assist, even so the pedals can be used in conjunction with the engine at anytime. The bike can be ridden on pedal power alone simply by disengaging the engines primary drive with  this button. Re-engaging the engine needs only a flick of this lever and the engine will be back in the drive train. For safety reasons the button and lever are out of reach when riding so the rider has to stop to both engage and disengage the engine, this should not be attempted while riding under any circumstances to avoid getting caught in the spokes. The TFR uses 2% premixed two stroke mix and it is designed to run on unleaded gasoline, the manufacturer claims about 120 miles per gallon. The fuel tap is located well forward above the RH foot rest and can't really be reached while riding, so when the bike runs out of gas you will have to pull over and switch to reserve. The TFR has no battery to worry about or replace, instead it uses a generator to provide power for the lights and indicators. The head light and tail light are bright even with the  engine at idle, and they are always on which is a good safety feature. The flashers are bright and flash brightly even with the engine at idle. All in all the Kinetic TFR Moped is a fine little bike which offers great value for money, its very light and nimble in traffic, and cheap enough to consider if two bikes are being purchased for summer fun.
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Once upon a time using a moped for transport was simply a choice made by necessity where little thought was given to the impression made upon others. When other choices weren’t available or practical, when they had the market to themselves is when mopeds have shone brightest. It was the years just after World War 2 that mopeds first stood out as a recognizable class of vehicle separate and distinctly different from the other available transport options. It’s a fact that Honda, probably one of the most recognizable brands of anything started out by bolting a small industrial engine onto bicycles. Hondas idea wasn’t new, nor was it unique, but it was an essential phase in the life of that company, in the lives of its founder and employees, and indeed in the post war miracle that is modern Japan. Every new Honda product today from the largest SUV or the fastest F1 engine owes its existence to the first Honda and the first Honda was a moped, I think that’s pretty cool. The same can be said to some degree of Suzuki, Ducati, as well as many other motoring marques who at some time or another took advantage of the moped motor/pedal hybrid concept. It’s an idea that came about way back when the first internal combustion engines lacked sufficient power to accelerate an early motorcycle on its own without some form of assistance. The standard bicycle which at the time was experiencing a boom of its own provided an ideal test bed for these new motor cycles. Relatively simple frame modifications to mount an engine and a simple power transmission to get power to the back wheel turned the pedal bicycle into a motor cycle. Riding was achieved by pedaling the bike in the normal fashion and once under way engaging the engine at which point it took over and the rider could stop pedaling, exactly the same as any pedal moped today. It wasn’t long before a multi-speed gearbox and manual clutch was added to the mix, this enabled the engine to be started while the bike was stationary and various ratios then used to accelerate the bike into motion. It was at this time that the bicycle pedals became superfluous and from the early 1900’s motorcycles were able to shed their pedals and evolve into the dramatically wide variety of motorbikes available today. The evolution of the scooter followed a parallel path where instead of using pedals to get started, the bike was scootered in the time honored fashion known to anyone who has ever ridden a skateboard, kick scooter, or worn out Vespa. The scooter concept is simpler and this same simplicity is now dominating the market for small two wheeled vehicles. Scooters have been around since the late 19th century while the word moped didn’t come into common use until the 1950’s. Prior to that mopeds went under various names most common being the Autocycle and it smaller simpler cousin the Cyclemotor both of which took advantage of human powered assistance. The Autocycle generally had an engine of around 100 cc capacity which made for a somewhat bulky machine, while the Cyclemotor was basically a tiny engine designed to bolt onto any bicycle and thus convert it into a moped. It wasn’t until the devastation of post World War II necessitated an extremely simple and economical vehicle that the moped as we know it came about. The war had accelerated some new two stroke design and manufacturing techniques that allowed sufficient power to be extracted from a 49 cc engine to power a small motorcycle. The first of these 49 cc machines appeared in the late 1940’s and someone in Sweden noticed that they had both motor and pedals coining the name and a new word “moped”, short for motor pedal. The mopeds extremely high fuel economy and ease of manufacture saw it enjoy a boom time of sufficient magnitude to gain a foot hold in the small motorcycle market, but by the 1960's the world had recovered somewhat from the post war fuel shortages and the mopeds time of necessity had already passed. The moped was relegated to scrape a living in the shadow of the trendy scooter and tough motorcycle until it was thrown a lifeline by the OPEC oil embargo upon the US in the early 1970’s. The European moped manufacturers who had been struggling to maintain moped sales in the 1960’s suddenly saw a whole new market open up in the United States; they jumped in boots and all, the moped models that found their way to the US were well sorted having had over a decade of development behind them. In America with its many geographically flat cities and endless new suburbs the moped found a happy home. The moped was encouraged by congress as a means to combat the growing fears of oil shortage as America’s own oil reserves peaked. The 1970’s was the second boom time for the moped and Americans with leisure time to burn took to it with an attitude of fun. The US moped market boomed for almost a decade helped along by minimal legislation and a liberal attitude to safety that saw no requirement for crash helmets. The moped boom saw moped riding become a genuine 1970’s craze and it secured an eternal place in 1970’s America where the moped lives on in that most fascinating of decades. In many ways the 70’s were a great decade, music was diverse and decor was loud, hair was long and sex was safe, (or so it seemed). Towards the end of the decade however the things that made the decade great began to go out of fashion and one of these was the moped. Mopeds were cast off often being junked, or left to rot where they were parked. Many found a new home in the Punk movement, but these were almost always second hand seventies models offering few new moped sales to keep the little machines booming. As the eighties unfolded a global downturn saw most mopeds go out of production and new safety rules requiring moped riders to use crash helmets hurt their casual nature badly. Honda finally gave up on mopeds in the early 1980’s when they tooled up to produce plastic scooters by the million. In Europe many mopeds survived the 1980’s and new updated models were released to sell in small numbers to a boutique market of enthusiasts. Asian businesses looking for an easy and cheap product bought the rights to produce out of production mopeds and these started the revival of the moped as Indian pedal mopeds started drifting into western markets in greater numbers during the 1990’s. Today we are seeing a revival of pedal mopeds with the recognition by many of their minimal style and 1970’s retro cool. The Internet has assisted this with peer to peer sales of old skool mopeds now finding a market as collectable classics. Style conscious Japan has again given the moped a kick by providing a new market for old models built using new technology, German Sachs mopeds are today being sold new in Japan and will soon be on sale again in the US after a twenty year hibernation. Even the mopeds greatest rival the motor scooter is giving the moped a boost by it very success the scooter is becoming mainstream and rapidly going out of fashion. The moped has survived the last fifty years with booms and busts and in marketing speak is well and truly a “mature” product.
We are now entering the era of Peak Oil with world oil demand exceeding supply pushing oil prices to new highs daily. The uncertainty of global terrorism coupled with insufficient oil production capacity and booming demand for oil in Asia is ensuring high oil prices are here to stay.
Mopeds are the most economical vehicles after the bicycle and this will ensure their survival for at least another fifty years. The very design of the moped however is its greatest asset, just like the bicycle which uses human power, mopeds also use human power to assist their progress. Technology will get better and new forms of power will emerge, but the human body is unlikely to evolve any time soon, we will always have legs and at least a few of us will want to keep riding bicycles, somewhere on the fringe of the bicycle market will always remain a market small or perhaps also huge for mopeds with pedals that can be ridden like a bike or a motorcycle, or both as the rider chooses. The evolution of the moped has a long way to go when compared with the bicycle which has had multi-speed pedaling ratios for decades, the moped has yet to trial multi-speed pedaling ratios commercially. I believe it will be the ability to assist the moped by pedaling at whatever speed that will see the next moped boom be its biggest yet. The mopeds minimal design will come and go with fashion, but its sheer logic will always ensure its infinite survival. Moped!
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Hero Ankur Moped Pedal Start 2 Stroke 49cc
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| Technical Specifications |
| Engine Type |
Single Cylinder, Air Cooled, Two Stroke |
| Capacity |
49 cc |
| Max Power |
2.4 bhp at 4500 rpm |
| Start |
Pedal |
| Wheel |
2.25" * 16" |
| Transmisson |
Single Speed Automatic |
| Dry Weight |
54 kg |
| Speed |
50 Kmph |
| Fuel Economy |
84 Kms / Ltr under ideal test condition. |
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20ft stuffing 91 units
40ft high cube stuffing 216 units
http://en.wikipedia.org/wiki/Pentecostalism
Pentecost I'pentI,knstj n. 1 a Whit Sunday. b a festival celebrating the descent of the Holy Spirit on Whit Sunday. 2 a the Jewish harvest festival, on the fiftieth day after the second day of Passover (Lev. 23:
15-16). b' a synagogue ceremony on the anniversary of the giving of the Law on Mount Sinai. rOE pentecosten & OF pentecoste, [ ecd.L pentecoste f. Gk pentekoste (hemera) fiftieth (day)] Pentecostal j,pentI'knst(a)lj adj. & n. -adj. (also pentecostal) 1 of or relating to Pentecost. 2 of or designating Christian sects and individuals who emphasize the gifts of the Holy Spirit, are often fundamentalist in outl~ and express religious feelings by clapping, shouting, dancing, etc. - n.
a Pentecostalist. DO Pentecostalism n.
http://en.wikipedia.org/wiki/The_Pentagon
- This article is about the United States military building. For the shape, see Pentagon.
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.
September 11, 2001
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Security camera image of the moment that American Airlines Flight 77 hit the Pentagon.[11]
Picture of the Pentagon before part of the outer wall collapsed on 9/11.
The damaged section of the Pentagon in October 2001.
Pentagon lit up for 9/11 anniversary.
Exactly 60 years to the day after the groundbreaking ceremony, the September 11, 2001 attacks occurred. American Airlines Flight 77 crashed into the west side of the Pentagon after being hijacked, killing all aboard as well as over a hundred people within the Pentagon. The flight penetrated three of the five rings of the Pentagon. Because the affected area was under renovation at the time, several offices were unoccupied, sparing many lives. The aircraft struck on the edge between two sections—one of which had just finished being upgraded.
http://baltimore.indymedia.org/mod/comments/display/15867/index.php
Current rating: 0
20 Jun 2007
Date Edited: 20 Jun 2007 08:49:09 PM
by Hindu Baloch
Article 158, which was incorporated in the 1973 Constitution after discovery of natural gas in Balochistan, read, “The province with natural gas recourses shall have precedence over other parts of the Pakistan in meeting its requirements from the resources, subject to the commitments and obligations as on the commencing day.”
_________________________________
June 20, 2007
Pakistan : Petition seeking end to gas supply to Punjab province
Petition seeking end to gas supply to Punjab: PHC seeks comments from government, OGDCL, SNGPL
By Akhtar Amin
www.dailytimes.com.pk/
PESHAWAR: The Peshawar High Court (PHC) on Tuesday sought written comments from the federal government, the Oil and Gas Development Company Ltd (OGDCL) and the Sui Northern Gas Pipelines Limited (SNGPL) in a writ petition seeking discontinuation of gas supply to other provinces from Shakardara and Gorguri gas fields in Southern NWFP districts until gas was supplied to local people.
A PHC division bench, consisting of Justice Dost Mohammad Khan and Justice Salim Khan, also issued notices to Attorney General (AG) Makhdoom Ali Khan and NWFP Advocate General (AG) Pir Liaqat Shah to assist the court in the case. Kohat District Nazim Gohar Saifullah and 44 other local government representatives had moved a petition against the government for supplying natural gas from Shakardara gas fields in Kohat district and Gorguri gas fields in Karak district. They stated that according to Article 158 of the Constitution, gas should first be supplied to people of Kohat and Karak districts, and then to other parts of the country.
The SNGPL’s lawyer, Sardar Khan, told the court that the company should be exempted of the case, as the company was only supplying gas in accordance with government’s demands. He also contended that the fields’ production was 76 million cusec feet and it could not fulfil the province’s requirements.
Justice Dost Mohammad Khan observed that the government and the OGDCL should facilitate citizens, rather than creating further problems for them.
“If the government distributes resources more equitably, nobody will register any complaint against it. Today every province is protesting the unjust distribution of resources,” Justice Khan said. The court asked the federal government, the provincial government and the OGDCL to submit their written comments before the next hearing, otherwise their right of hearing would be forfeited. Earlier, the respondents had failed to submit their comments in the case.
In previous hearing of the case, Advocate Syed Iftikhar Gillani, who appeared on behalf of the petitioners, contended that the government was violating Article 158 of the Constitution. He said Article 158, which was incorporated in the 1973 Constitution after discovery of natural gas in Balochistan, read, “The province with natural gas recourses shall have precedence over other parts of the Pakistan in meeting its requirements from the resources, subject to the commitments and obligations as on the commencing day.”
The petitioners stated that under the law, the government should provide gas to the resource-rich districts first, and later to province’s other areas and other parts of the country.
They said the natural gas and oil produced from oilfields in NWFP were directly being supplied to other parts of the country and mostly to Kala Shakako factories in Lahore, while locals were deprived of the gas. They requested the court to stop the gas supply from the two districts till disposal of the petition. The petitioners’ lawyers had requested the bench to impose a Rs 500,000 fine on the federal government, OGDCL and SNGPL as they had failed to submit their comments in the case. There are three gas fields in Shakardara bordering Punjab’s Mianwali district, and gas from Shakardara is being supplied to other parts of the country. Similarly, gas is also supplied from Gorguri gas fields to other parts of the country. The petitioners said the federal government had inked an agreement with the NWFP government to provide gas to all areas of the two districts by December 2006, and then the rest of the province.
http://aaiil.org/text/articles/others/truemeaningjihad.shtml
True Meaning of Jihad :
Compiled by Imam Kalamazad Mohammed; Published by the Muslim Literary Trust, Trinidad
"What amazes me is that in this age when no one kills a Muslim because of his religion, under what command do Muslims kill other people who have not even committed a crime against them? Why do their maulvis not forbid them these unlawful actions which sully the name of Islam? Look at how Muslims have enjoyed such peace under this British Government. Can anyone truly estimate this blessing?
Today there are many people still alive who would have experienced the era of Sikh domination. Now, let them truthfully describe the plight of Muslims and Islam in the reign of the Sikhs. The adhan (call to prayer), an essential observance in Islam, was itself considered a kind of crime. Was it possible for anyone to give the call to prayer in a loud voice and still escape the spears and lances of the Sikhs? Tell us, has Allah now done an evil thing by liberating us from the draconian rule of the Sikhs and placing us under the peaceful sovereignty of the British Government? (As soon as this Government took control, Muslims in the Punjab once more started to enjoy respect and peace.) As the reward for goodness is goodness, we must, therefore, never disdainfully reject this favour we received from Allah ? the replacing of Sikh rule, something for which we had made countless supplications."
Indeed, there is a method that is now running through my mind and that is directed to the venerable Amir of Kabul whose awesome dignity has so great an influence on the people of Afghanistan the like of which perhaps no former Afghan Amir has enjoyed. My proposal is that the honourable Amir should gather all the well-known religious leaders ('ulama) at a central location to debate the question of jihad and through them the common people may be warned of their errors (concerning jihad). Further, if a few pamphlets in the Pushto language are prepared by these leaders and are widely published in this country then there is no doubt that this procedure will have a deep influence on the minds of people and that passion which the ignorant mullahs (religious divines) have incited in the common folk will gradually disappear. Without doubt, the revered Amir's own subjects will suffer a great misfortune if he does not direct his attention to this important reformation and the ultimate result will be problems for any government itself if it remains silent on such pronouncements from the mullahs.
For nowadays it is the habit of these mullahs and maulvis to brand a person or a group as unbelievers for the slightest difference of opinion on a religious matter and the same pronouncement (fatwa) on jihad etc. they have made against the real unbelievers is extended to this person or group.
Thus, in this regard, the Amir Sahib himself cannot be safe from these pronouncements for it is possible that at any given time these mullahs may become annoyed with him on an insignificant matter and throw him, too, out of the pale of Islam and sanction a pronouncement of jihad against him similar to the kind they are accustomed writing against unbelievers.
Without doubt, those people in whose hands lie the making of believers and unbelievers and the issuing of declarations of jihad against them are a very dangerous group about whom the Amir Sahib should not be complacent for they are indubitably the source of sedition against every government. The helpless common people are under their control and the lever of their hearts lies in their hands. They may turn their hands in any direction they choose and immediately raise a fearsome tumult.
Therefore, it is not a sinful thing if the simple-minded masses are freed from the clutches of these mullahs and are gently made to understand the true meaning of jihad.
http://www.mtholyoke.edu/~hrahman/
politcalhistory.html
In September 1974, the National Assembly and the senate passed the constitution’s Second Amendment, which stated that “non-believers in the absolute and unqualified finality” of the prophet Mohammad would not be considered Muslims (Khan 225). In defense of the constitutional amendment, Bhutto stated “that previous regimes have suppressed the problem rather than resolving it…Pakistan is a Muslim state, it came into being because the Muslims of the sub-continent wanted a separate homeland” (Kaushik 51). After the change in the constitution, Bhutto gained support from the fundamentalist religious groups who commended him for his policies against the Ahmadiyya people. After the reform of the second constitution, leading ulama and various religious groups felt that the reform was the beginning of an implementation of a series of changes and not a conclusion to the “Ahmadiyya problem”. Warnings were issued to the Ahmadiyya community which gave the Ahmadiyya an ultimatum. They were either to acknowledge Prophet Mohammad as the last prophet or they should depart Pakistan (Kaushik 52). Even though Bhutto consented to the requests of the fundamentalist groups in terms of implementing anti-Ahmadiyya policies, he was eventually forced out of office by the same factions. With the support of the Paksitan National Alliance (PNA), the chief of the Army Staff, General Zia-ul-Haque removed Bhutto from office (Kennedy 63). In turn, he was to be the next General Head of the Pakistani Government.
The period of Haque’s rule is often referred to as a time of “Islamization in Pakistan.” During Zia’s rule, the goal of his government was to transform Pakistan into a “truly Islamic” nation. Zia promised rapid and thorough interjection of Islam in the political arena (Kennedy 65). Not surprisingly, Haque’s term in office would prove to be the harshest in its policies against Ahmadis. After the inauguration of Haque as President, one of the first political changes regarding minorities was the replacement of the joint-electorates by a separate electorate system for non-Muslim minorities (Kaushik 58). The novel system stated that only Muslims voters could vote for Muslim seats and similarly the non-Muslim community would only be able to vote for minority seats on the basis of direct vote. Thus, the representations of minorities in office would be minimal. After this amendment was put into place, the seats in the National and provincial assemblies consisted of 200 Muslim seats, 8 minority seats and 10 seats reserved for women (Kaushik 59). This further decreased the Ahmadiyya participation in the Pakistani government and encouraged implementation of stricter rules on the Ahmadis. The members of the All-Pakistan Khatam-e-Nabuwat conference held on September 8, 1982 requested that General Zia enforce a Martial law ordinance to make it illegal for the Ahmadiyya community to refer to themselves as “Muslims” and to instead label themselves “Ahmadiyya Muslims” (Kaushik 62). In this way, the Ahmadiyya community was systematically removed from the Islamic sphere in Pakistan.
A cluster of fundamentalist groups collaborated and organized The Khatam-e-Nabuwat conference in January 1984, where it was demanded that certain policies regarding Ahmadiyyas be implemented in Pakistani law (Khaushik 63). A spokesperson at the conference insisted that officials should practice “immediate implementation of the Islamic punishment for apostasy which is not less than death sentence; complete ban on the publication and distribution of Ahmadiyya literature; and immediate steps be taken to check the anti-national activities of the Ahmadiyyas” (Kaushik 63). Conservative groups continued to escalate the pressure to implement policies they desired. In February 1984, the orthodox Ulama warned the government that if their demands were not met by 30 April 1984, they would commence a national anti-Ahmadiyya movement (Kaushik 64). During the same month, Maulana Zaihid addressed the All Paksitan Khatam-i-Nabuwat conference in Lahore and demanded that the government demolish Ahmadiyya place of worship (Kaushik 64). As a direct result of heavy pressure by the fundamentalist groups, on April 26, 1984, two brand new sections were introduced in the Pakistani Penal code as part of the Martial Law Ordinance XX. These outlawed calling the Ahmadiyya place of worship a mosque and prohibited the Ahmadiyya community from the calling of prayer (Khan 227).
Due to Intense pressure from the MTKN, the Punjabi government told the commissioner in Punjab to erase the kalima (testification of the Islamic faith) from the Ahmadiyya place of worship (Kaushik 69). In 1986, Ordinance XX was enhanced into what is also known as the “blasphemy law”, section 295-C of the Pakistani penal code was amended and the penalty against blasphemy was increased from a fine or imprisonment to death (Khan 228). Since the Ahmadi belief in Mirza Ghulam Ahmad was considered blasphemous, their mere existence as practicing Ahmadis could be considered correspondingly blasphemous and thereby punishable by death. After the implementation of this law, the Ahmadiyya community could not even acknowledge their faith in trepidation of indir
