DOOSRI RADHA -TERA MERA RISHTA ADHA-COMBAT HONESTY WITH LIFE TIME

Friday, February 22, 2008

DOOSRI RADHA -TERA MERA RISHTA ADHA-COMBAT HONESTY WITH LIFE TIME


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


03:27 From: RonTaboga
Views: 139,419

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

ind_building.jpg (27891 bytes)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’sSee 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

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.

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

Native Americans and European settlers

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

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/

04:49 From: Anant3k9
Views: 2,937

http://www.hindustantimes.com/news/specials/proj_tabloid/photofeature191202a.shtml

http://timesofindia.indiatimes.com/articleshow/7869194.cms

Shivani murder case
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
About Us
Contact Us

Front Page Printer Friendly Page Send this Article to a Friend

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?

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

http://www.indianexpress.com/res/web/pIe/ie/daily/19970813/nl-body.jpg

Funeral of Gulshan Kumar

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

Nadeem Saifi: Said he would not get fair trial

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

Kinetic TFR MopedIntroducing 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 wheelsEngine Exhaust & Pedal Drive 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 Primary & Secondary Transmissionelectronic 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 isFlick Lever to Re-engage Engine 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 Push Button to Disengage Enginethis 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 fuelFuel Tap with On, Off, & Reserve 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 Dashboard Speedo & Ignitionengine 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.

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!

Hero Ankur Moped Pedal Start 2 Stroke 49cc
Kinetic Zing Rockin
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.
20ft stuffing 91 units

40ft high cube stuffing 216 units

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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

Security camera image of the moment that American Airlines Flight 77 hit the Pentagon.

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.

Picture of the Pentagon before part of the outer wall collapsed on 9/11.

The damaged section of the Pentagon in October 2001.

The damaged section of the Pentagon in October 2001.

Pentagon lit up for 9/11 anniversary.

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.

04:16 From: luyoshuan20
Views: 10,548

http://baltimore.indymedia.org/mod/comments/display/15867/index.php

BALOCHISTAN : Petition seeking end to gas supply to Punjab province

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 indirectly or directly posing as a Muslim.

03:38 From: sheerazhasan
Views: 19,537
JOGIMARA CAVES-A LIVING-SASHAKT PROOF OF THE EXISTENCE OF RAMJI AND HERITAGE SYMBOL OF CHHATTISGARH.
BEFORE ANY DUAL POLICY IS ADOPTED FOR AYODHYA LET ME FIRST TRACE THE DEVELOPMENT OF ART AND IDOL SCULPTURE IN VARIOUS PARTS OF HINDUSTAN-WHEREUPON RAMJI DWELLED DURING HIS VARIOUS ASHRAMS OF LIFE.ONE MILESTONE IS THE JOGIMARA CAVES WHERE RAM LAXMAN AND SITA DWELLED AT LENGTH DURING THEIR EXILE AND ITS ANCIENT MURALS CAN BE TRACED TO THE 300 B. C. THE ARYANS FIRST CAME TO DWELL IN INDIA IN 1500 B.C.,IN PUNJAB, WHEREUPON HINDUISM TOOK ROOT WITH THE COMPOSITION OF THE VEDAS.THE ARYANS EXPANDED TO THE GANGA. WHATEVER WAS ELUCIDATED IN THE EPIC AGE WITH THE RAMAYANA AND MAHABHARATA VERSIONS WAS TRUE IN FULL FAITH AND RELIGION WAS EXEMPLARY THE BODY BEAUTIFUL WAS INCORPORATED WITH CORE SPIRITUAL VALUES .THE SENSES WERE AWAKENED WITH LUCID DETAILS OF KRISHNABHISARIKA WITH HER GLOWING MUKH MANDAL AND SHIV A PARV ATI UNION ALONG WITH AUSTERE AND RIGOROUS PERFORMANCE OF ONE'S DUTIES.MANU SMIRITI FORMED THE BACKBONE OF CULTURE AND THE SUBSERVIANT SHUDRAS UN KNOWING LY CONNIVED WITH THE LAW MAKERS -THE BRAHMINS TO CHART OUT THE EVENTUALITY OF DEATH AND REBIRTH ACCORDING TO THE KARMAS OF AN INDIVIDUAL. THUS DID THE PEOPLE FEAR SINNING-LOOKING AT THE PLIGHT OF THE FEET OR CHARN PRODUCTS OFTHE AWESOME CREATOR-BRAHMAJI.CASTE SYSTEM WAS IMPOSED FOR THE MAINTENANCE OF DHARMA.
JOGIMARA CAVES.
IN THE HISTORY OF CAVE PAINTINGS THE JOGIMARA CAVES OCCUpy AN IMPORTANT PRECEDENT. IF SHNA IS THE SOUL POWER OF HINDUS SITTING ATOP THE KAILASH AND INHABITING THE AMARNATH CAVES ,THUS ARE THE JOGIMARA CAVES DERNATIVE OF THEIR LOCATION WHICH REPRESENTS SYMBOLIC HINDUISM,EVIDENT ALSO IN THE RUINS OF THE INDUS VALLEY CIVILIZATION WHEREUPON IDOLATORY HINDUISM TOOK ORIGIN .THE COINS AND OTHER IDOLS ALL REPRESENT A SHAIVAITE AND SHAKTI GROUP OF ARYANS WHO INHABITED THE INDUS AND RAVI LOCALE.
THEY ARE LOCATED IN AMARNATH IN CHATTISGARH AT THE ORIGIN OF THE SEMPITERNAL NARMADA-THE PUREST OF PURE TODAY.THAT IS WHY IT SERVES AS AN ETERNAL MARKED PILGRIMAGE F:OR DEVOUT , HINDUS.THE MARBLE ROCKS OF JABALPUR THE,SANSKARDHARNI OF THE MIDDLE OF HINDUSTAN ,WHERE IDOLS ARE MADE OF THE SOFTMARBLE STONE AND THE TRANSPARENT:SHiVLINGAS -NARMADESHWARS ,WHICH IS FOUND ONLY IN THE WATERS OF THE NARMADA IS THE SOUL MUSIC OF THE MEANDERING NARMADA WHICH MAKE IT WORTHY OF WORSHIP.THE BEAUTY OF THIS RIVER( ON A 'MOONLIT NIGHT OF A PURNIMA RELECTED ON THE MARBLE HILLS AND THENCE ON THE GNOSTIC RNER IS BOTH SPIRITUAL AND EROTIC-ESPRIT HINDUISM.KALIDASA'S MEGHDOOT TOOK ORIGIN NEAR THIS RIVER ONLY HERE ONE'S LOVE FOR ONE'S BELOVED IS RELIVED IN THE POWER OF.';tHE ETERNAL AND A HUMAN BEING FEELS FULFILLED OF HIS BIRTH ON THIS EARTH.

THE JOGIMARA CAVES TOO HAS BOTH THE MURALS OF SAINTS WHEREFROM THEY DERIVE THEIR NAME AND LOVERS -SUTNIKA AND DEVDUTTA.THE IMMORTAL EXPRESSION OF LOVE -A POEM INSCRIBED ON THE WALLS OF SITA BANGHARA CAVE WRITIEN IN BRAHMI SCRIPT, DESCRIBES THE BEAUTY OF SUTNUKA.ARCHAEOLOGISTS DESCRIBE IT AS THE WORLD'S FIRST DOCUMENTED MESSAGE OF LOVE.
THE CAVES EXIST NEAR UDAIPUR IN THE FAR -OFF SARGUJA DISTRICT OF CHATISGARH AND WERE MADE BY CARVING INTO THE RAMGARH HILLS.A VERY FRIVOLOUS MENTION OF THE SUPER HIT FILM SHOLAY DESERVES MENTION HERE AS THE MAKEBELIEVE LOCALE OF THE FILM WAS ALSO RAMGARH AND THE LOVE OF THE CHATIERBOX SWEET BASANTI AND THE GOON JAI WAS IMMORTALIZED BY REEL LIFE TO REAL LIFE.THESE CAVES ARE MORE ANCIENT THAN THE AJANTA CAVES HAVING THEIR ORIGIN BEFORE 3RD CENTURY B.C.ACCORDING TO DR.BLOCH.THE PAINTINGS ARE SIMILAR IN TECHNIQUE TO THE SANCHI AND BHARHUT SCHOOL OF MAKING IDOLS TO REACH JOGIMARA ONE HAS TO ALIGHT AT THE PENDRA STATION. FROM TIMES IMMEMORIAL THIS PLACE IS THE SACRED PILGRIMAGE OF THE HINDU DEVOUTS WHO COME HERE IN MILLIONS,TO PAY OBEISANCE TO THE NARMADA AND SACRED INSCRIPTIONS AND MURALS OF RAMAYANA SCENES ON THE WALLS OF THE CAVES ALONG WITH THE PURITY OF THE PLACE AS LORD RAM SPENT HIS EXILE PERIOD HERE.THE SANSKRITI OF BHARAT AND ITS DHARMA IS ENLIVENED AT THIS PURE PLACE.SHOWING A DEEP ROOTED CONNECTION BETWEEN SANSKRITI AND DHARMA.THE AIM OF THE ARTISTS WHO POURED OUT THEIR ABHYAVYAKATI OR SOUL ONTO THE WALLS IN THESE PAINTINGS MUST HAVE BEEN TO IMMORTALIZE THEIR DHARMA IN THE LMNG MURALS.THE MEDIUM OF ART AND ARCHITECTURE OF BHARAT SINCE ANCIENT TIMES WAS USED TO EXPRESS RELIGION AND FAITH. THEY SERVE AS AN ENDURING MONUMENT BOTH TO FAITH AND HUMAN EXRESSION THROUGH ART.SERVING ALSO TO BECOME A RASHTRIYA DHAROHAR-ARCHAEOLOGICAL HERITAGE.
ON THE MOUNTAIN TOP IS A TEMPLE OF RAM ,LAXMAN AND SITA. WITH THEIR IMMORTAL IDOLS. OUTSIDE THE TEMPLE IS AN ENGRAVING OF THE BRAVE WARRIOR ALONG WITH HIS FOOTPRINTS. UPON DEEP REFLECTION THE ENGRAVING SEEMS TO BE OF A GUARD ,OR CHOWKIDAR OR A PROTECTOR OR DEVTA.
THIS PLACE IS SITUATED 2000 FEET ABOVE SEALEVEL. AND IS 100 MILES FROM PENDRA STATION. ON THE WAY ONE HAS TO PASS THROUGH THICK FORESTS. BEHIND THE MANDIR OF RAM ARE THE CAVES.---THE NAME OF THE CAVES BEING 1.SITA BHANGARA 2.LAKSHMAN BHANGARA.
.THE CAVES ARE 10 FEET LONG AND 6 FEET WIDE.THE ENTRANCE TO THE CAVES ARE NARROW,AND IT SEEMS THIS IS NOT THE MAIN ENTRANCE AS EVEN A CHILD CANNOT PASS THROUGH..THE ROOFS ARE ALSO LOW AND CAN BE EASILY TOUCHED BY HAND..THE ETCHINGS ON THE WALLS CAN .
BE DIVIDED INTO 7 GROUPS.THE PICTURES HAVE BEEN DAMAGED DUE TO RAVAGES OF TIME AND POOR MAINTENANCE BY THE M.P.GOVERNMENT FURTHER MORE DAMAGING THE MURALS BY REPAIR BY UNTRAINED HANDS.ON THREE SIDES THE CAVES ARE SURROUNDED BY PLAIN GROUNDS AND INSIDE THEIR IS A DRAIN IN THE CORNER,FOR EFFECTIVE

DRAINAGE OF RAIN WATER.THEIR IS A HOLE IN THE CEILING OF THE CAVE TO BRING IN SUNLIGHT.
SUCH WAS THE AUSTERE HUMBLE CUSTOMS OF THE RAM AGE THAT THERE IS A LOK KATHA THAT SITAJI FROM HER CAVE USED TO SEND THE JUICE OF FRUITS AND KANDMUL MIXED IN HONEY TO LAKHSHMAN'S CAVE THROUGH THE CONNECTING DRAIN. FROM THE TEMPLE THERE IS A WIDE ROAD TO REACH THE CAVES CALLED HATHI POL WHICH IS 180 FEET LONG.THE APTLY NAMED ELEPHANT ROAD IS BEFITTING ITS SIZE AND IN THE CORNER THE RAIN WATER FALLING IN DROPLETS FROM THE ROOF ON TO THE EARTH HAVE NATURALLY CARVED OUT A BOWL SHAPED HOLE.
RESEARCH OF THE CAVES.
TO ORIENT THE CAVES AS A NATIONAL PAINTING AND ART HERITAGE THE JOGIMARA CAVES WERE VISITED IN FEBUARY1914 A.D. BY MAVE COLLEGE PRINCIPAL-SHRIMENDRA NATH GUPTA AND ASIT KUMAR HALDHAR (EXPRINCIPAL OF LUCKNOW ARTS SCHOOL) WITH THE AIM OF MAKING COPIES OF THE PAINTINGS, WHICH WOULD BE PRESERVED BY THE GOVERNMENT AS FURTHER DETERIORATION WOULD LOSE IMPORTANT DOCUMENTATION OF THE IMMORTAL SKETCHES. THEY WERE WELCOMED ON THE PENDRA STATION BY THE SUPERIENDENT OF THE PURATATVA-ARCHAEOLOGICAL DEPARTMENT CALLED LT.BLAKESTON. WHO HELPED THEM IN THE DOCUMENTATION OF THE CAVES AND PAINTINGS.THIS WAS DOCUMENTED BY ASIT KUMAR HALDHAR.
DESCRIPTION OF THE CAVES THE SITA AND LAKHSHAMAN CAVES HAVE NO PAINTINGS.THE PAINTINGS ARE ALL IN JOGIMARA CAVES.THE PAINTINGS ARE DIVIDED INTO SEVEN GROUPS.THESE CAVES AREIMPORTANT FROM STANDPOINT OF VAASTU AND ARCHITECTURAL CONSTRUCTION OF ANCIENT INDIA.

1ST-THE ROOF OF THE JOGIMARA CAVES HAS 7 PAINTINGS, STARTING FROM THE RIGHT SIDE..IN THE FIRST SECTION THEIR ARE HUMAN FORMS.THERE IS AN ELEPHANT AND A FISH.SOME WAVES ARE RISING AROUND THE FISH.THERE IS A MOVEMENT ,RHYTHM REVELERY AND,LIGHTHEARTEDNESS (CHANCHALTA)IN THIS CHITRA.THE COLOURS USED ARE RED ,WHITE AND BLACK.

2.IN THE SECOND CHITRA THERE ARE PEOPLE SITTING UNDER A TREE. SURPRISINGLY THE TREE AND ITS LEAVES ARE DEPICTED IN RED..THERE ARE ONLY A FEW LEAVES ON THE TREE..THE THEME OF THIS PAINTING IS UNCLEAR TO DATE BUT SOME THEORISTS OPINION THAT THIS CHITRA IS SYMBOLIC AND DEPICT THE FEELINGS AND SENTIMENTS REPRESENTATIVE OF THE SOCIETY.

3RD .THE THIRD SECTION HAS A WHITE BACKGROUND WITH A LILY FLOWER MADE OF BLACK COLOUR LINES ADORNING IT.A YOUNG COUPLE IS DEPICTED IN RED DANCING ON THE LILY FLOWER.THIS CHITRA IS ALSO REPRESENTATIVE OF SOCIETY AND SHOWS THE KINGLY FLAVOUR ABUNDANT AT THAT TIME.THIS CHITRA LIES IN A RAVAGED STATE.

4TH THE THEME OF THE 4TH CHITRA IS STRANGE.THERE ARE SMALL DOLLS HAVING UNSYMMETRICAL BODIES AND THEREFORE. UNMOTN ATED AND COMIC. THIS IS ALSO DRAWN IN BLACK LINES.ON THE TOP OF THE CHITRA IS A BIRD HAVING A SINGLE BEAK.THE TOPIC MAY HAVE BEEN PREEMPTORY.AS WORDS ARE SOMETIMES SEMANTIC.

5TH. THIS PAINTING IS IMPORTANT IN SUBJECT AND ART.IN THIS A DANCER IS SITTING ON THE GROUND.ALL AROUND HER OTHER DANCERS AND MUSICIANS AND SINGERS ARE IN RHYTHMIC UNISON OF REVELRY . .THE THEME IS INTERESTING AND THE MERRYMAKING SYMBOLIC AND DEPICTIVE OF THE PROSPEROUS ANCIENT TIMES. THE PAINTING IS DEPICTIVE OF SOME FESTIVAL OR OCCASION OF PROSPERITY, CALLING FOR MERRYMAKING.

6TH AND 7TH.-THE PAINTINGS ARE NOT VERY CLEAR BUT RESEMBLE THE PRAYER ROOMS OF AJANTA.THERE ARE CHARIOTS IN THESE PAINTINGS.IT IS POPULAR OPINION THAT ALL THE PAINTINGS ARE CONNECTED IN SOME WAY TO THE LIVES OF SITA AND RAM.IN ONE PAINTING SlTAJI IS SHOWN COOKING.THERE ARE OTHER CAVES WHICH ARE UNAPPROACHABLE.ONE CAVE IS IN THE SHAPE OF AN EYE.THE ORIGINALITY OF THE CAVES AND THEIR PAINTINGS ARE UNSURPASSABLE.

THE WALL PAINTINGS ARE NOT ON BASES OF MUD OR COWDUNG OR STRAW OR GUM BUT PLAINLY THEY HAVE A WHITE BACKGROUND PLASTER..THEN INDIGENEOUS COLOURS LIKE RED,YELLOW AND BLACK HAVE BEEN USED.THE HAND ETCHINGS ARE DEFT AND FULL OF INSPIRATION AND IMAGINATION THE MAIN CLASSIC DEPfH AND SIGNIFICANCE OF THE PAINTINGS LIES IN THE INSCRIPTIONS ACCOMPANYING THEM.

IN ONE INSCRIPTION IS THE CONVERSATION BETWEEN THE SCULPTOR AND DANCER, FULL OF LOVE IMBUED EPITHETS.ARCHEOLOGISTS DESCRIBE IT AS THE WORLD'S FIRST DOCUMENTED MESSAGE OF LOVE.

THOUGH NOW FAIRLY VISIBLE,THE INSCRIPTIONS SPEAK VOLUMES ABOUT THE INTENSITY OF LOVE BETWEEN SUTNUKA AND DEVDUTTA.,WHO ARCHEOLOGISTS BELIEVED USED TO WATCH HIS BELOVED DANCE IN THIS THEATRE.

THE SITA BHANGARA CAVE AND ADJOINING JOGIMARA CAVES WERE MADE BY CUTTING THE RAMGARH HILLS OR THE ANCIENT RAMGIRI RANGES. THE AMPHITHEATRE IS 45FT LONG, 15 FT.WIDE AND 6FT HIGH. CIRCULAR IN SHAPE IT HAS STRAIGHT WALLS AND A POLISHED ROOF..THIS WAS PROBABLY USED AS A GALLERY WHERE THE KING OR QUEEN WOULD SIT TO WATCH THE SHOW ,HELD ON A PLATFORM IN FRONT OF IT BUT LOWER THAN THE GALLERY.THIS AGAIN WAS MADE BY CUTTING INTO THE MOUNTAIN. STEPS WERE CARVED ON THE SIDES FOR THE AUDIENCES. DURING THE ANCIENT TIMES AFTER THE PUJA AND AARTI OF THE DEITIES A DANCER DEFT IN THE ANCIENT ART FORMS WOULD PERFORM FOR THE INVOKING OF THE BLESSINGS OF THE BENEDICTORY SUPREME POWERS AND THE CONCEPT OF DEVDASI WAS PREVALENT.

THE PICTURES ALL DEPICT THE SOCIAL SYS1EM ACCORDING TO VINCENT SMITH THERE ARE SOME NAKED FORMS TOO, WHICH SEEM TO BE RELATED TO JAINISM,AS ALSO ACCORDING TORAIKRISHANDAS. BUT THE UNDERLYING GIST OF THESE PICTURES IS STILL UNCLEAR AND STRANGE..ACCORDING TO ASIT KUMAR HALDHAR RAMGARH RANGES ARE THE SAME RANGES WHICH HAVE BEEN CALLED RAMGIRI RANGES BY KALIDAS IN HIS MEGHDOOT..THERE IS A NEED FOR ORIENTATION TOGETHER IN THE FIELDS OF HISTORY ,LITERATURE AND FINE ARTS.SYMBOLISM HAS BEEN USED TO EXPRESS RELIGION AND LIFE.THE TOPICS AND SUBJECT MATTER IS TOTALLY OF THE EPIC RAMAYANA WITH A PURE BLENDING OF THE SPIRITUAL AND THE RELIGIOUS-VERY DOWN TO EARTH AND SANSARIK.INDIAN PHILOSOPHY ,RELIGION AND SANSKRITI ARE VERY WELL DEPIC1ED IN THE JOGIMARA CAVES.

THIS ARTICLE IS FOR THE BETTERMENT OF TOURISM AND THENCE THE ECONOMY OF CHATIISGARH AND IN LINE WITH THE CHIEF MINISTER'S EFFORTS TO PROMOTE THE HISTORIC SITE GLOBALLY.
MAMTA DHODY KALRA, SITA SMIRITI, 1513,OUTRAM LANE, DR. MUKHERJEE NAGAR,

DELHI-II0009.

http://en.wikipedia.org/wiki/Ambikapur

Tourism Highlights:

The excavations of various heritage monuments have added to Ambikapur's significance. Historians have found that some of the archaeological ruins and temples here date to an era before Christ. The Jogimara Caves here are an example of one of the world's first ever inscriptions on love. Historians also believe that the great Sanskrit poet Kalidasa may have spent some time in the Ramgiri mountains while he was working on his epic `Meghdoot', written sometime between the 16th and 17th century.

Among the significant temples are Mahamaya Temple located east of Ambikapur, Shivpur Shiv temple, Budha Temple at Mainpat, and the Nageshwar Shiv Temple; while other samples of ancient sculpture can be seen at Ramgarh, Kudargarh and Dipadih.

Rakasganda, Sitabengara, Tattapani are spots famous for hot water springs while the Semarsot Kailash gufaa has a natural shiva ling in a cave and a spectacular water fall.

Among outdoor tourist attractions are Deogarh, Ramgarh Hill, Thin-Thini Patthar, Pawai Water Fall, Semarsot Wildlife Sanctuary and Tamor Pingla Wildlife Sanctuary.

Tourism Info:

Chhattisgarh Tourism Board,

Paryatan Bhavan,

Indira Gandi Marg,

Raipur, 492006,

Chhattisgarh,

Phone : 91-771-4066 415

Fax : 91-771-4066 425

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