106. THE MINES ACT, 1952
127. THE PATENT ACT, 1970
136. THE POLICE ACT, 1888
137. THE POLICE ACT, 1949
138. THE POLICE ACT, 1861
ADVOCATE LIBERARY COMMENTS
The Act provides law relating to legal practitioners. It provides constitution of State Bar Councils for States and Bar Council of India for the administration and regulations of matters relating to advocates. The main function of State Bar Council is to admit persons as advocates on its rolls, to entertain cases of misconduct against advocates on its roll etc. etc. The details of all functions of State Bar Council are given in Section-6. The functions of Bar Council of India are detailed in Section-7.
It has provisions regarding admission and enrolment of advocates to State Bar Council. It also contains provision regarding conduct of advocates.
This Act declares advocates to be the only recognized class of persons entitled to practice law. They are given right to practice through out the territories to which this act extents including all courts, tribunals etc.
The Act empowers Central Government to create:-
(i) The Indian Service for Engineers (Irrigation, Power, Building
(ii) The Indian Forest Service.
(iii) The Indian Medical & Health Service.
As All India Service, the Centre Government is further empowered to make rules for the regulation of recruitment and the condition of service o persons, appointed to an All India Service.
The Act is enacted to give legal validity to marriages solemnize according to the Sikh Marriage ceremony called Anand. They are declared good and valid in law.
This Act does not apply any marriage between persons not professing the Sikh religion or any marriage, which has been judicially declared to be null and void.
The Act also clarifies that it does not validate any marriage between persons who are related each other in any degree consanguinity or affinity which would, according to the customary law of the Sikhs, render a marriage between them illegal.
The India had signed a convention for the suppression on unlawful seizure of Air Craft on 16.12.1970. This Act was made to accede to the said convention to make provision for giving effects to the matters in the said convention.
The Law deals with Hijacking of Aeroplane. It has provisions for investigation, punishment, etc. relating to hijacking of aeroplane.
This Act also provides for special Courts for speedy trial of offences under this Act. No prosecution under this Act can be instituted without previous sanction of Central Government. The punishment for hijacking aeroplane is life imprisonment with fine under this Act.
In simple words Antiquities means old thing having artistic and aesthetic value. The detail meaning of antiquities and art treasures is given in Section-2(a) and Section-2(b) of this Act.
Central government or any authority or agency authorised by it can only lawfully export any antiquity and art treasure. Selling of antiquities can be done after obtaining licence. Antiquities specifies by Central government are also required to be registered with government.
Provisions for related matters also provided. Breaches of any provisions are punishable.
The apprentice means a person who is under going a course of training in any industry or establishment. The apprentices Act provides provisions for “Regulations and Conditions” of training of Apprentices.
It provides provisions for Apprenticeship Council and Apprenticeship Advisor to administer this Act.
As per this Act and Apprentices should enter into written contract for apprenticeship. Every contract of apprenticeship is to be registered with Apprenticeship Advisor who will register the contract after satisfying that the person described as an apprentice in the contract is qualified for such. Provisions are also made to terminate this contract within its operating period.
The act made responsible to employer to made suitable arrangements for imparting a course of practical training to every apprentice. The employer has to pay stipend to the apprentices. He is also liable for compensation to apprentice in case of any injury arising in the course of his training. He has also to maintain certain records and file certain returns to Apprenticeship Advisor
It also contains provision about the obligations of Apprentice to learn his trade – to attend practical and instructions classes regularly and to carryout all lawful orders of his employer and superiors. He is also bound to carryout the obligations under contract of apprenticeship.
Provisions regarding hours of work, over time, leave, holidays and health safety and welfare of apprentice is also made in this act.
Any dispute under apprenticeship contract can be referred to Apprenticeship Advisor.
Non-implement of many provisions of this act are made offence and punishable by Court of Law. The Apprenticeship Advisor is an authority to make complaint to the Court within six months of the committing of alleged offence.
7. THE ARBITRATION AND CONCILIATION ACT-1996
This Act is enacted to settle disputes in respect of legal relationship whether contractual or not without going through the legal and complicated Civil Court procedures. The award by arbitrator is enforced under the Code of Civil procedures in the same manner as if it were a decree of the Court. This Act has also provisions for enforcement of certain foreign awards.
The dispute is decided under this act in a simple manner basically on the principals of natural justice.
The Act stipulate all the procedures for arbitration including appointment of arbitrators. Arbitrators are appointed by parties concerned to dispute.
This Act is not applicable to disputes, if any other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration.
This Act deals with Arms related matters. It makes provisions for Acquisition, Possession, Manufacture, Sale, Import Export and Transport of Arms & Ammunition.
This Act also makes provisions of license for possessing, manufacturing, import and export of arms. Violations of these provisions are offence punishable with imprisonment and fine.
It also empowers Central Government to prohibit possession of arms or any type of arms or any type of arms in disturbed area etc. Central Government is also empowered to take census of firearms.
This Act is not applied on any weapon of absolute pattern or of antiquarian value or which is not capable of being used as a firearm with or without repair. Full exceptions are given in Section-45 of this Act.
All offences under this Act are cognizable, means offender/accused can be arrested by police without warrant. In some offences previous sanction of District Magistrate is necessary for institution of prosecution.
The Act provides law for the governance of regular army. It deals with various aspects of army. It describes about commission and appointment in army. Conditions of service and service privileges of army.
The army is required to be most disciplined organization. Keeping this view, the maker of this Act has given most part of this Act relating to offences and punishment. It gives detailed procedure to punish the army man. In service, they are punished in most cases by Court Martial and not by normal courts.
The Act recognize validity of marriages of Arya samajists belonging to different casts of different sub-casts of Hindus. It also validates Arya samajists marriages in which either or both of the parties at any time before the marriage belonged to a religion other than Hinduism.
The Act amends the law of evidence in respect to Bankers Book. During evidence in judicial proceedings, the actual books/records are normally taken as evidence. This Act relaxes these provisions upto great extent.
It provides that a certified copy of any entry in a banker’s book shall in all legal proceedings be received as prime faces evidence of the existence of such entry. Bank officers are compelled to produce any banker book during any legal proceeding only by the order of the court or a judge made for special cause. The court is also authorized to order inspection of books by any party relating to legal proceeding.
This Act provides conditions of employment for workers of Beedi and Cigar industry. It also provides application of some other Acts like Industrial Employment (Standing Order) Act-1946, Maternity Benefit Act-1961 and Industrial Disputes Act-1947 on Beedi and Cigar industry.
Licensing is made necessary for premises where Beedies and Cigars are manufactured.
It has made provisions for cleanliness, ventilation, over crowding, drinking-water, latrines and urinals, first aid facility etc. for workers. It also provides for working hours, weekly holiday and leave with wages. Besides these, many other provisions are made for health-welfare of workers.
Employment of a person less than fourteen years age is prohibited in Beedi and Cigar manufacturing industry. Timing of Women and young persons (persons between fourteen and eighteen years age) working in this industry can be only between 6.00 a.m. and 7.00 p.m.
This Act do not apply on who carries on manufacturing of Beedies and Cigars at his residence with the assistance of his family members. Provided that person is not an employee of an employer to whom this act applies.
This Act defines the Benami Transaction as “Benmi Transactions means any transaction in which property is transferred to one person for a consideration paid or provided by another person”.
Benami transactions are prohibited by this Act and made offence punishable with the imprisonment up to three years. Government is also authorized to acquire any Benami property held Benami without paying any amount. The real owner of Benami property cannot go to Court to enforce any right in respect of Benami property.
This Act does not apply in certain cases as a property purchased by any person in the name of his wife or unmarried daughter.
The main purpose of this Act is to provided registration of births and deaths. Marriage under Christian Marriage Act and Parsi Marriage and Divorce Act are also required to be registered under this Act.
Registrars are provided for registration. The Registrars are authorised to grant certificate of registration of birth and death. These certificates are admissible in evidence for the purpose for the purpose of proving the birth, death and marriage.
Any person can make search of registers kept by Registrar for the purpose of registering birth, death and marriage on the payment of fees. He can also take copy of any entry of such register.
This Act abolishes the Bonded Labour System and prescribes 3 years punishment for extracting bonded labour.
In our country many labourers are working on very low wages or on no wages with their creditors. They owe some debt from their creditors because of that debt they work with them with very low wages or no wages. This Act is abolished this system.
By this Act, all bonded labourers are made free. They are also made liability free for paying their bonded debts. Any property mortgaged under bonded debt is also made free without paying any amount. The creditors right to accept payment against bonded debt is also extinguished.
District Magistrates and Sub Divisional Magistrates are appointed main authority to implement this Act. Provisions for vigilance committee, to abolish this menace and to provide the economic and social rehabilitation of freed bonded labour are also made.
Offences under these Acts are tried by Executive Magistrates and not by Judicial Magistrates, which look after Criminal case.
The Executive Magistrates are given power of Judicial Magistrates for trying offences under this Act.
By this Act, Bureau of Indian Standards is established for the harmonious development of the activities of standardization & marking and quality certification of goods. A Director General is the Chief Executive authority of this Bureau.
The bureau establish, publish and promote Indian Standard in relation to any article or process. The bureau is authority for granting licences under Indian Standards recognized by it.
Having licence from Indian Bureau Standards, under any of its standards, make that article quality product for consumers which make marketing easy.
This Act is enacted to regulate the operation of Cable Television Networks in India. It provides compulsory registration of Cable Operator with appropriate authority. The appropriate officer is authorized to seize and confiscate un-registered Cable Operator equipments.
All Cable Operators are to compulsory to transmit two Doordarshan Channels. He cannot interfere with any telecommunication system. He is also required to use standard equipments.
The Central Government is also empowered to prohibit transmission of certain programmes in public interest. It is further empowered to prohibit Cable Television Network in public interest.
The term Cantonment means permanent military stations in India. The Act provides administration for cantonment.
Central Government is authorised to declare any place or places to be cantonment for the purpose of this Act.
A Cantonment Board is provided for administration of every Cantonment. The Cantonment Board consists of Commanding Officer and other officers as described in Section-13 and some elected members. The Board is authorised to impose taxes. It describes duties and functions of Board and its officers and employees. Most of the works are like a Municipal Corporation of a city.
The Act describes common carriers as “person, other than the Government, engaged in the business of transporting for hire property from place to place, by land or inland navigation, for all persons indiscriminately. The Act relates to the rights and liabilities of these common carriers. In normal language, these common carriers are called transporters.
The Act mainly deals with loss or damage of goods by carrier and liability of compensation for it. A notice in writing of loss and injury is required to be given to common carrier within six months/before the institution of any suit to institute suit for that loss or injury. The value of any property enlisted in schedule of Act and bearing value exceeding one hundred rupees is to be declared to such carriers for making him liable for loss or damage of that property.
Common carriers are liable for loss or damage caused by neglect or fraud of himself or his agent. The person entitled to recover in respect of property loss or damage can also recover money paid for its carriage. Sections 6, 7 and 9 describe some other provisions relating to Act.
The Act contains provisions relating to cattle trespass. It authorizes police - cultivator or occupier of any land - person in charge of public roads, pleasure grounds, plantation, and canals-drainage works to seize any cattle trespassing.
The pounds are established to keep such seized cattle. Every person who seize any cattle under this Act has to send such cattle to pound within 24 hours of seizure. The pound keeper feeds the cattle till their disposal as per this Act.
The cattles are delivered to the owner after paying fine and feed charges. Unclaimed cattle can be disposed off at the discretion of District Magistrate. Provisions are also made regarding illegal seizure of cattles under this Act. Similarly penalties are provided for forcibly opposing legal seizure of cattle.
This is a main source of income of Central Government. This tax is levied according to Central Excise Tariff Act, 1985. This tax is levied on manufacturing of goods.
Any person engaged in production or manufacturing which are detailed in first and second Schedule of Central Excise Tariff Act, 1985 has to got himself registered with the Central Excise Department.
The Act deals with levy and collection of Excise Duty and matters connected therein. The act is enforced by Central Excise Department. It also contains provisions regarding adjudication of matters under this Act. The non implementation of the provision by manufacturers etc. are made offence and punishable under this Act. The Officer of Central Excise Department are also liable to be punished for some contravention under this Act.
According to our Constitution, taxing of sale or purchase of goods in the course of interstate trade or commerce expressly comes under the purview of Central Government. The Central Government is further authorised to restrict powers of State legislatures on the sale or purchase of goods within the State where the goods are of special importance in interstate trade or commerce.
This Act provides levy of interstate trade and commerce called Central Sales Tax. Every person who comes under the definition of Dealer as per this act, is liable to pay this tax. The act also defines in detail the meaning of inter-state trade or commerce and its exception.
All the dealers are to be registered with the prescribed authority. This tax is collected by dealer from purchaser. Only registered dealers are authorised to collect the tax. The dealer has to deposit collected tax to Sales Tax Department.
Section 14 of Act details the goods of special importance in interstate trade or commerce.
The Act contains provisions for more effectual control over the administration of Charitable and Religious Trust.
The Act provides that any person having an interest in such any trust can apply to court for direction to trustees.
1. To furnish the petitioner through the court with particulars as to the nature and object of the trust, and of the subject matter of the trust and of the income belonging bear to or any of these matters.
2. That the accounts of the trust shall be examined and audited.
The trustees of the trust are also eligible to apply for certain directions, as told in Section-7, to the court. The Courts are empowered to ask a trustees to furnish security for any expenditure incurred by plaintiff in a suit against the trustees.
The Act provides for vesting and administration of property held in the trust for charitable purpose. It empowers Central Government to appoint “Treasure of charitable endowments for India”. Similarly State Governments are empowers to appoint “Treasurer of Charitable Endowments for State”. The jurisdiction of Central/State governments are defined in Section -3A of Act.
The government can vest any movable and immovable property of any Charitable Trust in Treasure of Charitable Endowments. The treasurer is also entitled to all documents of title relating to property after this Act. But the treasure is not required to administer the property and nothing impose him the duty of trustee of such trust. The other matters relating to it is also provided in the Act.
This Act relates to Child Labour which is less than 14 year of age. It prohibits their employment in some Establishments. The list of such prohibited industries are given in Act.
It regulates the conditions of Child Labour, where their employment is not prohibited. It makes provisions of period of their work. It has also prohibited night duty and over time for child labour.
It has provisions of constituting “Child Labour Technically Advisory Committee” for advising the Central Government.
It is mandatory for occupier/employer to give notice to Inspector about employment of children. He is also required to maintain register.
Violations of provisions under this Act are offence and punishable.
This acts restraints the marriage of any male person who has not completed 21 years and female who has not completed her 18 years of age.
This Act provides punishment for person who had solemnized child marriage and also punishment for parents or guardian concerned in child marriage.
Any male person above 18 years of age, if marry with a female of less than 18 years of age is also do offence under this Act which is punishable with imprisonment.
This Act prohibits pledging of children (person under the age of fifteen years) for labour. It makes any agreement for pledging of children void. It also provides penalty for parents or guardians for making agreement to pledge the labour of their child. Any person who makes such agreement with parents or guardians and employ the child under that agreement is also liable for punishment under this Act.
The Act provides certification for the Cinematograph Films. The Central Govt. is authorised to constitute Board of Film Certification which is certification authority for cinematograph films. Section-5B of Act details the principals for guidance in certifying films. Provisions for appeals is also made against any order of Board of Film Certifications.
Exhibition of Cinematograph films by any person also requires licence from District Magistrate. Authorities are also prescribed to suspend the exhibition of any film which in their opinion can cause a breach of peace.
Punishment is provided for breach of provisions of this Act.
Cine worker means an individual who is employed in connection with the production of a features film to work as an artiste (including Actor, Musician or Dancer) or to do any work skilled, un-skilled, manual, supervisory, technical, artistic or otherwise.
It applies to such Cine workers whose monthly remuneration does not exceeds 1,600/- p.m. and where such remuneration is by way of lump-sum a sum of Rs. 15.000/- p.m.
It made compulsory a written agreement for employment of a Cine workers and registration of that agreement with competent authority.
It provides provisions for Conciliation Officers for settlement of any dispute between a Cine worker and film producer. It also contains provisions for Cine worker Tribunals for adjudication of disputes between Cine workers and film producers.
The dispute between Cine workers and Film Producers goes first with Conciliation Officer who tries to make a settlement, if he fails, he submits failure report to Centre Govt. which ultimately refers the dispute to Cine workers Tribunal for adjudication. The Tribunal after hearing both the parities submits its award to Central Govt., which implement this award. The High Court has power to revise the award of Tribunal.
PROVISIONS RELATING CINEMA THEATRE WORKERS
The provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 and Payment of Gratuity Act, 1972 are made applicable on all Cinema Theatres where five or more workers are employed.
The Act provides for acquisition and determination of Indian citizenship. It describes how a person can be Indian citizen i.e. by birth and how that citizenship can be terminated. The Act is very important as after becoming citizen, persons are entitled many rights under different laws of India.
It also provides a new kind of citizenship called “Commonwealth Citizenship”. Every citizen of a commonwealth county specified in the first schedule of Act are given the status of “Commonwealth Citizen” in India. The Central Government can confirm of all or any of the rights of citizen of India on the Commonwealth citizen.
Mostly laws told what is crime and what is punishment for those crimes. Code of Criminal procedure deals how the punishment will be given. It tolds about the procedure giving punishment step by step and all matters related to them.
It tolds about the creation of Criminal Courts and their powers. It also told about the powers of police - accused persons(s). How a person can be arrested. How a person be compelled to appear or to produce things before lawful authority. The procedure of trial in Courts. It has also provisions for bails and bounds related to accused person.
Code of Criminal Procedure also has provisions of time limitation within which a case is to be filled in the Court. Any case filled after the time limitation cannot be heard by Courts. Courts has given powers to relax time limitation in certain conditions.
This is also one of the main law which one must know.
This Act empowers Union/State Govt. to collect statistics on specified matters as given in section III of this Act, from any Industry/Commercial concern and factory. The Industry is bound to give that Statistic.
Appointment of Statistic Authority is made under this Act who is empowered to call for information to call for information and return.
The statistical Authority or any person authorised by him in writing have been given right of access to record or documents. Relevant to furnish any information return under this Act. The Act also prohibits the publication of Information and return.
Breach of provisions for this Act are offence and punishable.
The Act amends Indian Evidence Act, 1872 in respect of certain commercial documents regarding their admissibility as evidence in any judicial proceeding. The list of those documents are given in the schedule of Act.
The matter usually stated in schedule documents as statement of facts in issue or of relevant facts shall be themselves facts within the meaning of Indian Evidence Act, 1872. The courts can also presume as to the genuineness of such documents in certain cases as described in section-3 of this Act.
This Acts provides for appointment of Commission Enquiry, their powers and other related matters.
Both Central and State Government can appoint these Commissions.
The commissions are also provided with some powers of Civil Code under Code of Civil Procedure. It is also empowered to utilize the services of any officer or investigating Agency of Government for conducting investigation pertaining to inquiry. It has also power to appoint assessors having special knowledge of ay matter connected with the inquiry.
It also provides provision for hearing of person whose interest is likely to be effected by the inquiry.
Sati is social evil. The widow woman is burnt alive with their dead husbands. The Act provides death or life imprisonment for abetment of sati. This Act is enacted to provide effective prevention of the Commission of Sati and its glorification with strict punishments. Special public prosecutor are provided for trial of offences under this Act. Punishment is also provided for woman attempting sati.
District Magistrates are empowered to prohibit the doing of any act towards the Commission of Sati and its glorification. They are empowered to remove any temple or other structure related to sati. They are also empowered to seize any property and fund acquired for the purpose of glorification of sati.
All officers of Government are required and empowered to assist the police in the execution of this Act. All village officers and inhabitants of area are required to report to nearest police station about attempt/committing of sati.
This act provides preventive detention of persons for the purpose of conservation and augmentation of Foreign Exchange and prevention of Smuggling activities.
The Act empowers central/state Govt; to detain a person with a view to preventing him smuggling goods abetting for smuggling goods, transporting or concealing smuggling goods etc; The Govt. is empowered to revoke detention order any time. Provisions temporary release of person detained is also made. Any person who absconds himself after the issue of detention order is liable to forfeiture his property and one year punishment.
The consumer protection Act is enacted with the purpose to solve consumer’s grievances without complicated and long legal procedure and in simple manner. Any consumer can go to Consumer Courts without any legal practitioner. Complaint is made on simple plain paper. It does not require any Court Fees etc. The lengthy and complicated provisions of Civil Courts and Indian Evidence Act do not apply on it.
This Act provides three tier judicial systems for resolving consumer’s grievances; at District level there are District Forum, at State level State Commission and at National level National Commission.
District Forum had jurisdiction of hearing the cases up to amount involving Rs. Five Lakhs. State Commission has jurisdiction of hearing cases involving amount above five lakhs rupees but limited to twenty lakhs rupees. National Commission have jurisdiction of hearing the cases involving amount above rupees fifty lakhs. The State Commission and National Commission can also hear appeal against the orders of District Forum, District Forum and State Commission respectively. Consumer Courts have very simple procedure both parties pare given opportunity to hear. If required, Courts can also take the help of Laboratory etc.
Any order made by Court, if not implemented by party concerned is punishable by court by way of imprisonment or fine.
This Act empowers certain Court to punish ay person for willful disobedience to any judgment, decree, direction, order, writ or other process of a Court, or a willful breach of undertaking given to a Court. It also empowers Courts to punish for any act, which obstruct or tends to obstruct the administration of justice etc. The Act also clarifies those activities, which are not contempt.
This Act is applicable on Judges, Magistrates or any other judicial persons for contempt of their own Court, or of any other Court in the same manner as any other individual.
High Court is also authorized to punish contempt of subordinate Courts.
This Act is not applicable to Panchyats and Village Courts.
Contempt proceeding can only be preceded within one year of contempt.
This act is enacted to regulate the conditions of services of Contract Labour. It applies to every establishment and contractor who employs 20 or more workers as contract labour. It has also provisions to empower Government to prohibit contract labour system in any process, operation or other work in any establishment.
“Central Advisory Contract Labour Board” and “State Advisory Contract Labour Board” are established to advise matters arising out of the administration of this Act.
The principal employer has to register itself with Registering Officer under this Act. It also makes mandatory provisions of licensing for contractors.
The act has provisions for welfare and health of contract labour. It has provision of canteen and rest room in certain conditions. It also provides facilities for drinking water, washing facilities, latrines and urinals for contract labour. Provisions of first aid facilities are also made. Contractor is also made responsible for payment of wages to labour.
In case, contractor does not provide facilities, principal employer is made responsible for providing facilities to contract labour. The principal employer is authorized to recover any expenses incurred by him for providing such facilities by deducting from any amount payable to contractor.
By various judgments of courts, it is clear that provisions of ESI and PF are also applicable on contract labour. After contract is over, contract labour has no right to employ in regular services.
This Act provides legal status to Co-operative Societies. Any Co-operative Society registered under this Act has equal lawful rights as to any other person/lawful organization.
This Act provides registration for them. A Registrar and procedure of registration is provided in this Act. This also describes rights and liabilities of Members duty and privileges of registered societies. Provisions are also made regarding property and funds and their dissolution.
The Registrar of Co-operative Societies is authorised to make any enquiry regarding constitution working and financial condition of the society. He is also authorise to inspect their books.
Any ten persons for specific objects given in this Act can make a society and get it registered.
The copyright Act basically protects Artist; it prohibits the copy of their work by anyone else except with their permission. This Act made the Artists capable of legal rights of their work and to take gain from their work in legal manner. Infringement of copyright is punishable under this Act. Though civil remedies are also available. It also deals with International copyright.
The meaning of copyright exception in this law and period of copyright is also specified in this Act. Provisions of copyright office and copyright board are also made in this Act.
The Act describes about the fees paid in different courts for different matters and mode of levying that fees. Provisions for related matters are also provided.
The custom Act is so common that it does not require any special introduction. By this Act the Central Govt. is empowered to levy tax import of goods/outside India. This is one of the main tax which fill the Union Govt. Treasury.
The Act has provisions regarding Custom Officer. The Custom Officers are authorised to detain illegally imported goods. It also contains some provisions relating to export of goods. The powers of Custom Officer are given in detail. Breach of any provisions of this act are offence and punishable.
A power thrasher used in the agriculture sector is defined as dangerous machine in this Act. Central government is authorised to include any other machine used in the agriculture or rural section to be dangerous machine under this Act.
Persons working with power thrasher are many times met an accident resulting in even permanent disablement. The Act is enacted to make safeguards from these accidents.
Manufacturers and dealers are required licence to manufacture and selling of these machines. The duties and responsibilities of the manufacturer, dealer, user of a dangerous machine is also described.
The State government is authorised to appoint a Controller for carrying out the provisions of this Act.
The Act empowered Central Government to constitute a special police force under its superintendence to be called the Delhi Special Police Establishment. This police establishment have jurisdiction through out in any union territory in relation to the investigation and arrest of persons. The member of this establishment can only investigate those offences, which are notified by Central Government under Section-3 of this Act.
Central Government is also empowered to extend the area, which is not being a union territory for the investigation of this police establishment. No consent of State Government is required for extension of area under that State.
The Central Government can empowered “Authorised Inquiring Authority” with same powers as are vested in a Civil Court under the Code of Civil Procedure-1908 for following matters.:-
(a) The summoning and enforcing the attendance of any witness and examining him on oath.
(b) Requiring the discovery and production of any document or other material which is producible as evidence.
(c) The requisitioning of any public record from any court or office.
Some exceptions are also given.
Section-2 of this Act describes about departmental inquiry to which this act applies.
This Act provides inspecting staff, their powers etc. for Dock Workers safety. The Chief Inspector of Dock safety is main officer appointed for this purpose. Inspectors are given powers to stop work at any place within dock where it appears to them that conditions are dangerous to life safety of Dock Workers until measures have been taken to remove the cause of the danger to his satisfactions. Such order of inspector is appeal able with Chief Inspector of Dock safety
The State/Central Government are empowered to appoint Advisory Committee to advise upon such matters is arising out of the administration of this Act. The government may refer any such matter for advice to Advisory Committee.
This Act is made to abolish dowry menace of our society. Although, it failed to achieve its objective. Even then it has provided some solace against this menace.
This Act is not applicable on dowry which is given by its own will it makes giving and taking dowry both offence punishable with imprisonment. It also prohibits the exhibition of dowry articles. It also made any agreement of giving and taking dowry void. Any dowry can be used only for the benefit of wife and her heir. This Act also provides appointment of dowry prohibition officer. If any parties to marriage deprive other party any rights and privileges of marriage because of dowry that is also punishable under this Act.
Certain obligations are fixed for Dock Workers also for their safety.
Violation of any provision of this Act by Employer and Dock Workers is punishable.
These rules are made by Central Government under Dowry Prohibition Act, 1961. It provides for the written lists of presents given to bride and bridegroom at the time of marriage. As per these Rules, the list shall contain description of each present with their approximate value and name and relation of person who has given that present. This list should be signed by both bride and bridegroom and if they unable to sign they can affix their thumb impression.
The Act empowered State Government to prohibit dramatic performance of any play, pantomime or other drama in a public place. The State Government is also authorised to declare prohibit dramatic performances in any local area except under licence. This act does not apply to any jatras or performance of a like kind at religious festivals.
This act empowers Central Govt. fixing of maximum price of Drug and to fix maximum quantity of a drug which at one time be possessed by a dealer or producer. It is further empowered to fix maximum quantity of drug, which can be sold to any person in one transaction.
The drug on which this Act is applicable is to be notified by Central Govt. under the provisions of Sections III of this Act. Any person regarding any offence under this Act.
This act regulates the manufacturing, distribution, import and sale of drugs and cosmetics.
The Drug Technical Advisory Board is constituted by Central Government to advise on technical matters arising out of administration of this Act and to carry out the other functions assigned to it by this Act. For Ayurvedic, Siddha and Unani Drugs, a separate board called Ayurvedic, Siddha and Unani Drugs Technical Advisory Board is created.
The Act describes about standard of qualities, misbranded-adulterated-spurious drugs/cosmetics. It banned production and import of non-standard items. It also makes mandatory disclosure of name of the manufacturers etc. Some other liabilities are also put on manufacturers.
The contravention of provisions of this Act is offence and punishable.
This Act is enacted to control the misleading advertisement of Drugs to prohibit the advertisement for certain purposes of remedies alleged to process magic qualities.
Section 3 to 6 of this Act details the matter prohibited under this Act. Any person accused of committing an offence under this Act can be arrested without warrant and punishable by Court of Law.
The Act defines easement as – An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, on in respect of certain other land not his own.
The Act contains provisions regarding “Easement”. It has six chapters with sixty-four sections. The Act describes in detail about the general provision regarding easement, imposition, acquisition and transfer of easement, incident of easement, disturbace of easements, extinction, suspension and revival of easement and licensing for easement.
The Act prevents the improper use of emblems and names related to Indian Government/some international organizations for professional and commercial purposes i.e. Indian National Flag, the name emblem or official seal of the president or governor of India. The list of emblems and names is given in the Schedule of Act. These emblems and names can be used only in such cases under such conditions as prescribed by Central Government.
The Registrar of Companies, firm or other body – Registrar of Trade Mark or Design – Registrar of Patent are prohibited to register any thing regarding to them which use name or emblem in contravention of this Act.
This Act is applicable on establishments public industries, employing 20 or more employees. It is a law for social benefit of employees. The Act has three schemes:-
1. Employee’s Provident Fund Scheme.
2. Employee’s Family Pension Scheme.
3. Employee’s Deposit Linked Insurance Scheme.
Employee’s Provident Fund Scheme: It is a contributory fund for the future of employee after his retirement. Employee and Employer both contribute in this fund. Where the number of employee is less than 50, employees have to pay 10% of their wages towards this contribution. In case of more than 50 employees, employee has to pay 12% of their wages towards this contribution. Employer has to pay 3.67% of wages towards this contribution.
Provident fund is payable to employee after his retirement. In case of its early death, it is payable to person nominated by him or his legal heirs. Some part of Provident Fund can be withdrawn before retirement for construction of House, Children Marriage, etc.
Employee’s Family Pension Scheme:- If contribution is made to this scheme for minimum 10 years, they employee becomes eligible for pension after retirement. In case of his early death, heirs are eligible for pension (only one time contribution is sufficient for pension in case of death - 10 years contribution is not necessary - subject to certain conditions. The contribution towards this scheme is made by Employer 8.33% of employee’s wages. Employee also gets life assurance benefits under this scheme.
Employee’s Deposit Linked Insurance Scheme:- Under this Scheme employee’s get benefit of Insurance of Line. The contribution towards this fund is made by Employer @ .5% of Employee’s wages.
This Act provides worker Medical Relief, Sickness Cash Benefit, Maternity Benefit to Women Workers, Pension to the Dependent of Deceased Workers and Compensation for Injuries during course of Employment.
This Act is applicable on factories, which falls under Factory Act. Other Establishment, which has 20 or more employees, is generally covered by this Act. Any employee who receive wages upto Rs. 6,500/- p.m. is eligible to take benefits under this Act.
“Employees State Insurance Corporation is established for the administration of this Scheme by Central Government;
Contribution by both Employee and Employer are made to this Corporation. The rate of contribution for employees is 1.7% while in case of Employer it is 4.75% of Employee’s wages.
The Workman Compensation Act is not applicable where this Act is implemented. Similarly a woman employee exceeding wages up to Rs. 6,500/- p.m. is not entitled to receive maternity benefit from her Employer. These benefits are given by E.S.I. Corporation to them.
This Act barred the Courts not to fail any suit for damages in respect of injury caused to a workman only for the reason that at the time of injury, he is working with a person to whom his services are temporarily lent or let by his actual employer.
It is a very small Act with only five sections.
The Government has created Employment Exchanges where any un-employed can get itself registered. The Employment Exchanges helps un-employed to get employment. The main problem of Employment Exchanges is to find the employers. The Parliament of India has enacted this act to solve this problem of finding the employer by Employment Exchanges.
By this Act, it is made compulsory for all employers in public – private sector (where more than 24 employees are employed) to notify any vacancy to Employment Exchange before 15 days of filling that vacancy. Section-3 of this Act describes certain vacancies for which this Act is not applicable.
It is also very clearly mentioned in this Act that employer is not under any compulsion to fill the vacancies through Employment Exchanges. He has just to inform (notify) about those vacancies.
It has also mandatory provisions of furnishing certain returns by employer to Employment Exchange. It also provides provisions of “access to records or documents” of employer by an officer of Employment Exchange (As per rules, Director of Employment Exchange or any person having written authority from him can access these records).
Non-notification of vacancies, non-filling of returns and denying any authorised officer to access the records are made offence punishable by Court of Law.
This Act is enacted to prohibit discrimination of women in the matter of remuneration (Pay-Wages) with men. It provides equal pay to men and women for same work or work of similar nature. It also prohibits discrimination while recruiting men and women workers (except where the employment of women in such work is prohibited or restricted by any law).
Government is empowered to appoint authorities for hearing and deciding claims and complaints. The appointment of Inspectors for implementation of this Act is also made.
Breach of provisions of this Act are offence and punishable.
This Act empowers Govt. for regulating or prohibiting and regulating the production supply and distribution thereof and trade commerce therein for the purpose of maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the Defence of India or the efficient conduct of Military Operation.
Govt. can regulate by licenses and permit controlling the prices by prohibiting the with holding from sale etc, under this Act. Section 2 (i) (a) of this Act. After issuance of order under this Act. After issuance of order under this Act no person employed in any essential services related to that order can go or remain in strike. Any strike declared or commended before or after the issue of that order become illegal.
Similarly Govt. can prohibit Lock Outs and Lay-off in any essential services.
Persons engaging in illegal strikes are liable to be dismissed from their services with imprisonment upto 6 months. Any person who instigates illegal strikes is also liable to imprisonment upto 1 year.
The Act regulates the manufacturing, possessing, use, sale, transport, import and export of explosives. These works can be done only under licence from Government. The Central Government is the authority under this Act. It is empowered to make rules as to licensing for the aforesaid purposes. It is also empowered to prohibit the manufacture, possession or importation of specially dangerous explosives.
The appropriate authority can inspect, search, seize, detain and remove explosives under this Act. Any person found committing any act in contravention of this act or rules made there under or which is acting in a manner which tends to cause explosion or fire can be arrested without warrant.
Breach of any provisions of this act is punishable.
63. THE EXPLOSIVE SUBSTANCES ACT, 1908
The Act defines the explosive substance as :-
In this Act the expression “explosive substances” shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used for intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement.
The Act provides punishment for any person who un-lawfully and maliciously causes and explosion by any explosive substance which is likely to endanger life or property. The abetment of offence under this Act is also offence. The Act provides punishment up to twenty years of imprisonment.
This Act provides provisions for the basic minimum requirement for safety, health, welfare and other service conditions such as working hours, leave, holidays etc.
It is applicable on all Factories where manufacturing process is carried out with the aid of power with 10 or more workers. In case manufacturing process is carried without aid of power, number of employees can go up to 20 for the application of this Act.
Registration with Chief Inspector of Factories is made necessary for all Factories coming under this Act. For new factories, a notice regarding starting of manufacturing with other required documents is to be given to Chief Inspector of Factories before 15 days of starting production.
This Act describes in detail about the working conditions and benefits for Factory workers. The knowledge of this Act is must for all who wanted to know about Indian Labour Laws.
The family court provides a stage for settlement of dispute relating to marriage and family affairs.
Family courts have duty to make efforts for settlement in matters relating to marriage and family affairs. The proceeding of Court can be held in camera, if any party desire so. No party in any case before family is entitled to be represented by a legal practitioner except where courts consider it necessary in the interest of justice.
The Act has tried to resolve family matter in a simple manner without complicated and lengthy procedures. It also tries to solve these matters by settlement.
Any order or judgment of family court is appeal able in High Court.
The Act provides compensation to families for loss occasioned by the death of a person caused by wrongful act, neglect, or default by any other person/party. The person/party who cause such death is liable to pay compensation to the family of deceased. Court awards the compensation under a suit for such compensation.
In the era of liberalization, the stringent “FERA” is replaced by this Act. The stringent provisions of FERA are replaced. Procedures are made short and simple. Though still permission of Reserve Bank of India is required in some cases. Offences under this Act are now compoundable. Penalties are now limited to fines only.
Reserve Bank is empowered to authorize any person to deal in foreign exchange or foreign securities. Payment for imports, etc. in foreign currency are made simple. Powers of enforcing authorities are reduced.
This Act is enacted on those days when foreign currency is quite scare. It contains very stringent provisions. With changing conditions now it has been replaced by Foreign Exchange Management Act, 1999.
It is now applicable on those cases, which are committed during its applicability.
It deals with foreign exchange matters. Many restrictions on foreign exchange are put under this Act. For most of the dealings in foreign exchange, the permission of Reserve Bank of India is required under this Act. It also provides provisions of authorised dealers and money changer in foreign currency.
The Act also provides enforcement officers with vast powers. These powers are under sever criticism by Industry and Press.
This Act empowers Central Government to make provisions for the development and regulation of foreign trade by facilitating imports and increasing exports. It is also empowers to make provisions for prohibiting, restricting or otherwise regulating cases by or under the order, the import or export of goods.
The Central Government is also authorised formulate and announce the export and import policy from time to time.
It also contains provisions for importer-exporter code number and licence relating to import and export. Every importer-exporter has to obtain importer-exporter code number under this act.
The Director General of Foreign Trade is the authority constituted for the purpose of this act.
The Act empowered Central Government in some matters regarding foreigners. As per this Act, foreigner means a person who is not a citizen of India.
The Central Government is empowered to make provision with respect to foreigner for prohibiting, regulating or restricting the entry of foreigners in India including their arrest, detention or confinement. Section-3 of the Act describes in detail about this power. The Government is also empowered to control places frequented by foreigners. Section-7A deals with this power.
The master vessel, the pilot of any aircraft and hotelkeepers are put under obligation to furnish some particular about foreigner.
Penalty is provided for contravention of this Act.
The Act restricts the powers of State Government to de-reserve any reserved forest, the use of any forest land for non-forest purpose, assigning of forest land by way of lease or otherwise to any person/organization, who is not owned managed or controlled by Government, and some other matters related to forest which are described in Section-2 of this Act.
State Government can put these powers on use only after the prior approval of Central Government. Any authority or Govt. Department who contravened provisions of this Act is punishable under this Act.
There are very general things, which are common to many or all the Laws. The General Clauses Act is such law which defines those general or common law points which are though simple but quite important. This Act gives those law points legal bases. This is one of the very simple and interesting laws of India.
It contains only 31 Sections. One of its provisions is that whoever has power to appoint any one under any Central Act or regulation, he also power to suspend or dismiss any person in exercise of the power. Though this provision looks very simple but this provision have given it lawful status, without which Appointing Authority cannot suspend or dismiss any person.
To understand the Act, it is necessary first understand the meaning of Guardians and Wards under this Act. The Act defines them as –
1. “Guardian” means a person having the care of the person of a minor or of his property or of both his person and property.
2. “Ward” means a minor for whose person or property or both there is a guardian.
The Act empowers court to appoint guardians of a person or property or both. Procedures of a appointing guardians by court is described in detail. The courts are also empowers to issue orders for regulating conducts or proceedings of a guardian. Section-19 states the condition when a guardian cannot be appointed by court.
It also details about duties, rights and liabilities of a guardian including the termination of a guardianship. Provisions for related matters are also provided.
The Act defines and regulates the rights and duties of parties of hire purchase agreement.
As per this Act, hire purchase agreement should be in writing and signed by all parties. The agreement should contain all description as said in this Act regarding hire purchase i.e. name of good, price, date of agreement, number of installments etc. The Act describes in detail about warranties and conditions of goods, hire purchase charges and rights and obligations of the hirer and owner.
This Act provides for the constitution of two tier Human Right Commission – National and State level. It also contains provisions for creation of Human Right Courts.
Human Rights is the main agenda of all the civilization of modern time. Though the law making authority had tried to respect Human Right during making any law. This Act is solely devoted to protection of Human Rights is according to provisions of this Act National Commission of Human Rights is headed by any Ex-Chief Justice of India, The Secretary General of National Commission is an officer of the Rank of the Secretary to the Govt. of India. National Commission has also investigation staff with a Director General of Police under it.
An Ex-Chief Justice of High Court always heads the State Human Right Commission. The Secretary of State Commission is an officer of the rank of Secretary to State Government. Investigation Staff headed by an officer of Inspector General rank is also under State Commission.
Any person can complain to Commission about the violation of any Human Right on simple plain paper, every verbally also. Commission can take any complain suo moto also.
The Commission is also given some powers of Civil Court under Code of Civil Procedure to enquire into any complaint. The complaint to Human Right Commission is to be made within one year of alleged human right violation.
The Commission has mainly recommendatory powers to Government against human right violation. The Head Quarter of National Commission is situated in Delhi and State Commission headquarter are normally situated in the capital of their respective State.
This Act empowers Magistrate of first Class, an officer in-charge of a police station, a police officer making an investigation under Cr. PC or any other police officer not below the rank of Sub-inspector to take measurements and photographs of a person convicted of any offence punishable with rigorous imprisonment for a term of one year of upwards or who was ordered to give security for his good behavior under Cr. PC
This Act is created for the purpose of taking immoral activities of prostitute and brothels. It has provision for stringent punishment for them. It has also provision for rescuing of a person forced into prostitution. It contains some provisions for the rehabilitation also.
It also contains some power for Magistrate and Police Officers for tackling this crime. Provision to establish special courts for speedy trial of accused person is also made in this Act.
This power of measurement is also for a non-convicted person who is arrested in connection with an offence punishable with imprisonment for a term of one year or upwards.
The Act defines “Indecent Representation of Women” as “The depiction in any, in manner of the figure of a women, her form or body or any part thereof in such a way as to have a effect of being indecent, or derogatory to or denigrating, women, or is likely to deprive, corrupt or injure the public morality or morals.
It prohibits any advertisement, publication and their distribution which contain indecent representation of women. Breaking of this law is punishable with imprisonment and fine.
This law has some exceptions like publication used for religious purpose (bonafide) etc.
The act relates to Steam Boilers. Steam Boiler is a common equipment used in Industry for generating steam. Steam is a very powerful objects and dealing it without due care can lead to big accidents.
This act provides mandatory registration of Steam Boilers. Exceptions are given in Section 3 of this Act.
The post of Chief Inspector of Boilers and other Inspector working under him is created for the enforcement of this Act.
The Act describes other related matters too. Breach in provisions of Act are offence and punishable.
This Act deals with the nature of contract and their performance and remedies in case of their breach.
A contract is an agreement made by free consent of parties, which are competent to contract. The contract should be for lawful consideration with lawful object.
Contract which are common in business and trade like indeinity guarantee and bailment are also dealt in this Act.
The Act also has detail provisions regarding contract between a person (Principle) and his Agent. The meaning of principal and Agent is also given.
Indian Penal Code deals meaning of crimes and their punishments. Code of Criminal Procedure deals with how to punish – the procedure of awarding punishment. Now Indian Evidence Act deals how to prove against any accused. It relates with evidences. It told us what is taken as evidence and what is not be taken as evidence. It has also provisions of some related matters.
It applies to all judicial proceedings in India. It is to clarify that most of the Tribunals, Consumer Courts, Labour Courts, proceedings are not judicial proceedings, so this act does not applies on them but even then broadly they follow its provision.
The famous “Hawala Scam” which has taken senior politicians and bureaucrats into its grip, failed due to non-fulfillment of conditions of Indian Evidence Act. The Delhi High Court Judge, Hon’ able Justice Mohamad Shamim held that loose sheets etc. can not be converted into legal evidence as per Indian Evidence Act and such no legal evidence is against the accused and discharge the accused. Supreme Court also further upheld this judgment.
It has 10 Chapters and 167 Sections. It told in details on relevancy o facts, which need not be proved, oral – documentary evidences about the burden of proof, witnesses and the examination of the witnesses.
Any offence is to be proved as per Indian Evidence Act before awarding any punishment or in Civil cases any order can be given after the proceedings of evidence as per this Act. This is also one of the main law which must know.
The Act is enacted to consolidate the law relating to forest, the transit of forest produce and duty leviable on timber and other forest produce. Both Centre/State Governments are authorised for different matters under this Act.
The State Government is authorised to constitute reserve forest, village forest and protected forests on any forest or wasteland which is the property of Government. For some special purposes given in Section-35 of the Act, it can order protection of forest on private land also. The State Government is also vested with power to control of all reverse and their banks as regards the floating of timbers as well as control of all timber and other forest produce in transit by land or water. It is authorised to make rules to regulate their transaction.
The Central Government is authorised to impose duty on timber and other forest produces.
Provisions regarding Forest Officer are also made under this Act. The Forest officers are vested powers by State Government. The act also describes penalties and procedures under this Act. The Act contains some other provisions related to forests.
In most of the laws, a person attains the age of 18 years is said to be major. This Act amends the age of a person for majority in condition described below.
If a guardian is appointed for a person or property or for both, the person for which guardian is appointed is said to be a major under this Act when he attains 21 years of age. The guardian should be appointed before that person has attained 18 years of age.
This Act is not applicable where guardian is appointed under a suit within the meaning of chapter XXX1 of the Code of Civil Procedure.
This act defines the law relating to partnership in business. This Act defines “Partnership”, “Firm”, and “Firm name” as — “Partnership” is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm name”.
The Act provides Registrar for the registration of partnership deed. It is not made compulsory to register partnership firm. Effects of non registration is given in Section-69 of the Act.
Every partner is made liable jointly and severally for all acts of the firm. The Act describes in detail about the nature of partnership, relations of partners to one another, relations of partners to third parties, incoming and outgoing partners and dissolution.
The Indian Penal Code deals with offences and punishments, more specifically it deals with such offences, which are general in nature. Every civilization took those acts as offences from the beginning of civilization. It also clarify the general exceptions (doing of such acts normally looks a crime but to the special nature of conditions they are not taken as crime) for example, Right of private defence by which any one has given right to protect own or others body or property and any thing done under the right of private defence is not a crime and no punishment can be given.
It is one of the very big laws of India having 511 Sections. It defines meaning of offences, general exceptions and punishments for offenses. It covers about all types of offences like theft, decoity, rape, fraud, forgery, offences against the State – relating to elections – corruption – relating to public servant-justice-defamation etc. etc. Attempt or abetment of any crime is also offence.
This is one of the few laws, which must know.
The Acts relates with stamp duty which is to be paid during different transactions. The stamp duty paid during the registration of sale deed is a simple example of stamp duty.
The Act describes about the instruments chargeable with duties and how to paid the stamp duties. The stamp duty is paid for stamps which are stamped on instruments for which it is chargeable.
Instruments which are not duly stamped as per this Act loose their legal validity in many cases chapter IV of this Act describes various effects and provisions regarding instruments which are not duly stamped.
Penal provisions are provided for breach.
Telegraph means, any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images, and sounds or intelligence of any nature by wire, visually or other electro-magnetic emissions, radio waves or hertz waves galvanic, electric or magnetic means.
The Central government is given exclusive privileges of establishing maintaining and working telegraphs. Central government is also authorised to grant licence to establish maintain or work a telegraph within any part of India. It is also empowered to make rules for the conduct of telegraphs.
Telegraph authority is also empowered to telegraph lines and posts. Provisions for related matter and penalty for breach are also provided.
The Act defines law relating to private trust and trustee. The meaning of trust is given in Section-3. It describes about all aspects relation to such trusts. Trustees administer the trust.
It describes who can create trusts, for what purpose, which can be beneficiary etc. It details about the duties, liabilities, rights, powers and disability of trustees. It also describes rights and liabilities of beneficiary and some incidental matters.
The Act regulates the possession of wireless telegraphy apparatus. It prohibits possession of wireless telegraphy apparatus without licence. The telegraphy authority constituted under Indian Telegraph Act, 1885 is appointed competent authority to issue such licenses.
Central government is empowered to exempt any person of class of person to exempt from the provisions of this Act.
Penal provisions are provided for breach.
The Act is known for famous Indian “LABOUR COURTS” which are constituted under this Act. This is a Act which has given super protection to Indian employees. This Act also provides full machinery for conciliation and adjudication of disputes between employee and employer and vice versa, between workman and workman & between employer and employer.
The Act does not apply on a person employed in Supervisory or Managerial capacity and drawing wages exceeding Rs. 2,500/- per month.
It deal in detail provisions related to strikes and lockouts, lay off and retrenchment and unfair labour practices.
It has special provisions regarding termination of services of a employee. In case, the service of employee is terminated as a punishment inflected by way of disciplinary action, subject to relevant rules and regulation in that regards, the employee has no protection except the provisions of natural justice or no opportunity was given to him to represent his side. In case, the services are terminated without punishment inflected by way of disciplinary action, the employee has right of retrenchment compensation (subject to some exceptions and other provisions of this Act). Its section-2 (o o) details out conditions when the service of a person can be terminated without punishment and retrenchment benefits.
There is provision of Conciliation Officer for consoling the Industrial disputes, if no settlement arise during conciliation, Conciliation Officer gives failure report to Government which sent that Industrial dispute to labour court for adjudication. Labour Court have vast powers to adjudicate any such matter.
The Act is not applicable on Education, Scientific Research or Training Institutions, Hospitals and Dispensaries, Khaddi or Village Industries and domestic service, agriculture operation, etc. etc.
This Act require employer’s to clearly define the conditions of employment of its workers i.e. Standing Orders/Service Rules. It has also provisions for due information to employees about these conditions.
This Act applies to establishments who have 100 or more workmen employed. The Centre and State Governments are empowered to extend the provisions of this Act to any establishment employing less than 100 workmen. Now generally all establishments employing more than 50 workmen are covered by this Act.
The Standing Orders are to be certified by Certifying Officer appointed under this Act. The detailed procedures for certification of Standing Order are given.
The Act also provides Model Standing orders. Any establishment can accept these Model Standing Orders also. These Model Standing Orders are temporarily applicable to a establishment which comes under the provisions of this Act and whose Standing Orders are not finally certified.
“The List of Matters” to be provided in Standing Orders under this Act is given in Schedule 1 of this Act. In all it is must for providing provisions regarding Rules in 11 matters given in this Schedule.
The conditions for certifying of Standing Orders are given in Section 4 of Act.
This is the main Act, which has created licensed Raj in Industry. This is enacted in 1951.The development and regulation of Industries is said to be the reason of its enactment.
Now a days most of its regulatory provisions have been repealed, and the Licensing Raj has been reduced to great extent. The Union Govt; has taken under its control Industries specified in the 1st Schedule of this Act. Those all Industries are of mainly of basic nature. They have to obtain license from Union Govt; to manufacture or produce those materials.
The Union Govt; is also empowered to take control of Industrial undertakings in certain cases. It is further empowered to control of supply, distribution and price etc; of certain items.
Many think, tanks of Industry accused this Act for backwardness and low development of Indian Industry.
The Act declares some liquids and other substances (Acetone, Calcium phosphide, Carbide of Calcium, Cinematograph Films having nitro-cellulose base, Ethyl Alcohol, Methyl Alcohol and Wood Naphtha) as dangerously inflammable. It empowers Central Govt. to apply any or all the provisions of Petroleum Act regarding these liquids and substances.
These liquids and substances are, as highly inflammable as petroleum products but does not comes under petroleum. So, Govt. has enacted this act to ensure safety regarding these liquids and substances.
The Act provides legal status of Electronic Commerce. It recognizes Electronic record and signature in government and its agency. Central government is authorised to appoint and other officers for administration of this Act. The Controller can issue licence for digital signatures. Controller is also to certifying public keys of certifying authorities. The Controller can also recognize foreign certifying authorities.
The Act regulates new technology of new era.
The Act empowers courts to allow interest in any proceeding for recovery of any debt or damages or in any proceeding in which a claim for interest in respect of any debt or damage already paid is made. Section-3 of the Act described in detail about this power of courts.
This Act defines “INTERSTATE MIGRANT WORKMEN” as any person who is recruited by or through a Contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation such establishment.
This Act is to safeguard and regulate the conditions of such workers. It implies to every Establishment/Contractor who employ 5 or more Inter-State Migrant Workers.
It provides registration for principal employer and license for contractor to whom this Act is applicable. It also provides Registering/licensing Officer for this purpose.
It specifies duties/responsibilities of Contractor and liabilities of principal Employers.
It also provides “Displacement Allowance” and “Journey Allowance” besides other facilities to Inter-State Migrant Workers. Wages shall pay in cash to him. Sections 21 and 22 deal with some other special provisions for their employment.
This act gives judges additional protection given in any other law As per the provision of this act, no Court can entertain any Civil or Criminal proceeding against any judge for anything done by him during the course of his duty.
This act has also clarified that Supreme Court, High Courts, Central Government, State Government or any other lawful authority is not debarred by this act to take action against any judge.
The Act defines juvenile as a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. This Act is enacted to provide care, protection, treatment, development and rehabilitation of neglected/found to have committed an offence juvenile.
The law takes juvenile as a person who requires some different treatments then persons who are not juvenile, so it provides different/special provisions for them. It also provides special provisions for neglected juvenile, so that he can became a good person and anti social elements can not make use of it because of its younger age.
It provides juvenile welfare boards, juvenile homes and juvenile courts etc. for matters relating to juveniles. Sections 41 to 45 describes some special offences( cruelty to juvenile, employment of juveniles for begging etc. ) in respect of juvenile and punishment for such offences.
The Act is a social welfare enactment with the details on its subject.
This law is enacted to reduce number of records and filling of returns under different Labour Laws by small industries, employing less than 20 persons.
This Act prescribed one single return and three registers for establishment employing more than 9 but less than 20 employees. Similarly, any establishment employing up to 9 employees is liable to maintain only two prescribed registers and one return in lieu of registers and returns maintained under following Acts:
1. The payment of Wages Act, 1936
2. The Weekly Holidays Act, 1942
3. The Minimum Wages Act, 1948
4. The Factories Act, 1948
5. The Plantation Labour Act, 1951
6. The Working Journalists and other Newspapers Employees (Conditions of service) and miscellaneous provisions Act, 1955.
7. The Contract Labour (Regulation and Abolition) Act, 1970
8. The Sales Promotion Employees (Conditions of Service) Act, 1976.
9. The Equal Remuneration Act, 1976.
If any employer maintains registers and fill returns prescribed in this Act, he is not liable to maintain any register/fill any returns under these Acts.
The Act provides provisions regarding acquisition of land for public purposes or for companies and for compensation to be made to land owner.
The Act describes in detail the procedure for acquisition of land. It contains suitable safeguards etc. for landowner also. Some matters regarding to acquisition can be referred to court also. Provisions are made for court proceeding of a reference.
It also describes about the compensation and its payment to land owners whose lands are acquired under this Act and about related matters.
The Act provides free legal services to the weaker section of society. It also has provisions for Lok Adalat.
Legal services authorities are created on all India basis/State basis/District basis and Taluq basis. Chief Justice of India and Chief Justice of State High Court are made patron-in-chief of National/State Legal Services authorities respectively.
Section-12 describes about the criteria of giving legal services. Members of Schedule Caste and Schedule Tribe, Women or Child a mentally ill or otherwise disable persons etc. are eligible for legal services under this Act.
Lok Adalats are provided for speedy justice in simple manner. Lok Adalats can take-up only those cases that are compoundable under any law.
For redressal of one’s remedy there is time limit provided in the Limitation Act. In case one does not agitate one’s case in Court of Law within the time limit. The remedy is extinguished on that score.
Limitation Act details “Time Limits” for various purposes. Many Acts have their own limitation given in themselves. In case of those Acts, their limitation is applicable. Different time limits are prescribed for different purpose.
This Act made provisions for payment of wages to a woman during leave period for giving birth to child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or miscarriage.
A woman is entitled for full wages during leave for aforesaid reasons. The leave period for delivery of child is 12 weeks while in case of miscarriage, it is 6 weeks. For other reasons, it is one month.
This benefit can be claimed by women who have worked minimum 80 days during last 12 months in establishment. This Act does not apply to any factory-establishment to which “Employees State Insurance Act” is applicable. The women getting salary of more than Rs. 6,500/- is also not entitled for this benefit.
A notice for claim of this benefit is to be given by women to employer. Employer is prohibited to dismiss the women employee during the entitlement of this benefit. Section 18 of this Act described the conditions when this benefit can be forfeiture.
Provisions for Inspectors to implement this law are also made. Inspectors are given to power to direct employer to make payment under this Act.
In brief this Act make “abortion” lawful. Before the commencement of this Act, abortion was illegal and punishable.
This law makes liberal provision for abortion on the reasons of health humanitarian and eugenic (where there is substantial risk that a child if borne would suffer from deformities and diseases) grounds. This Act is enacted to keep peace with time.
It also provides provisions for safe abortion. As per provision only a registered Medical Practitioner at a hospital established or maintained by Government, or a place for the time being approved for the purpose of this Act can do abortion.
This Act relates to the treatment and care of mentally ill person also contains provisions regarding management of property of mentally ill person.
Hospitals etc. treating mentally ill person require licence under this Act. The law details the provision of admission to hospital of mentally ill person. Police and private persons are also authorised for many actions under this Act. A judicial inquisition (Examination) is also required for a mentally ill person in certain cases under this Act. Provisions regarding management of property of mentally ill person are also made. Related subject matters are also covered.
This Act provides provisions for Health, Safety, and Welfare for Mines Workers. It also deals with some other conditions of their service i.e. Leave with Wages. This Act is applicable on Managers also.
The meaning of Mines given in Section 2 (J). The Act does not apply in certain cases, which are given in Section 3.
The Owner, Agent or Manager of a Mine are required to give notice to Chief Inspector of Mines, Controller of Indian Bureau of Mines and District Magistrate minimum before one month of starting mining.
The minimum wages Act provides minimum statutory wages to workers. It applies all industries given in Schedule 1 of this Act. The Centre and State Government is empowered to any other industry in this Schedule. This Act is applicable even if there is single employee.
The minimum wages are fixed by Government. The Employer who pays wages less than minimum wages fixed by Govt. is punishable under this Act.
The Act also provides maximum hours, weekly rest days, and overtime-related provisions. The wages payable under this Act are to be paid in cash.
It also provides some registers to be maintained by Employer and returns to be filled by him.
This Act is enacted to stop concentration of economic power to the common detriment, for the control of monopolies and for the prohibition of monopolistic and restrictive trade practices.
This Act do not apply on Government controlled undertakings. Section-3 deals in detail on cases where this act is not applicable.
The meaning of monopolistic trade practices, restrictive trade practices and unfair trade practices are given in detail in this Act.
Monopolies and restrictive trade practices commission is established to enforce this Act. The Commission has powers of enquiry into these activities and it can take any appropriate decision to prohibit these activities. The Commission is even authorize to divide a undertaking under this Act.
The Act aims to provide conditions of service and welfare of Motor Transport Workers. This Act is applicable on any Motor Transport undertaking employing five or more motor transport workers. The State Govt. are empowered to apply this Act on Motor Transport undertaking employing less than five motor transport workers.
Registration of every Motor Transport undertaking with prescribed authority is made compulsory.
The Act provides about hours works, weekly rest, payment of wages and leave with wages. Besides it also provides for other health and welfare provisions such as canteen (where hundred or more Motor Transport Workers are employed), rest rooms, uniforms, medical facilities, etc. etc.
It also prohibits employment of childs (who has not completed his 15th. years) in Motor Transport undertakings. Any person between 15 and 18 years of age can be employed only after getting certificate of fitness by certifying Surgeon.
This Act provides provisions relating to Motor Vehicle. If one needs driving licence, to drive any motor vehicle that is the requirement of this Act. Traffic Police mainly implement this Act. All Traffic Challans are made under this Act.
This Act has made lawfully compulsory driving licence for drivers and even licence for conductor. The number of vehicle, which is said its registration number of vehicle is also allotted under this Act. The Act has also made mandatory for insuring the vehicles against third parties. It has also provisions regarding construction and maintenance of vehicles. Permits issued to commercial vehicles are also issued under this Act.
The common man comes in touch with mostly its provisions related with control of traffic, and penalties for their violation.
For the knowledge of common man its two provisions are hereby clarified.
(i) A private vehicle cannot be impounded by police or any other authority under this Act, unless both vehicles certificate of registration and driving licence of Driver is not with vehicle/Driver. Any private vehicle who is not in possession o its certificate of registration can show that certificate within seven days of any demand by lawful authority to show it.
(ii) The police have no power to fine on any person under this Act. It can only compound the offence and submit your fine in Court on your behalf. If one is not satisfied with challan, he can go to Court, police can only keep his driving licence with written entry on challan of this regard and that copy of challan will serve as driving licence.
The Act defines Multimodel Transportation as — “Multimodel Transportation” means carriage of goods by two or more modes of transport from the place of acceptance of the goods in India to a place of delivery of goods outside India. “Mode of Transport” means carriage of goods by Road, Rail, Inland Water Ways or Seas.
The Act provides regulations for the multimodel transportation of goods. Any person carrying on business of multimodel transportation is required to register under this Act. It describes in details about multimodel transport document, responsibilities and liabilities of the multimodel transport operator, and other related matter.
The Act provides application of muslim personal law to muslims in matters described in this Act..
As per this Act, all questions (save questions relating to agricultural land) regarding interstate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).
The Act provides about the rights of divorced muslim women.
Though there is a provision that the maintenance can be governed under the provision of Sections 125 to Section 128 of Code of Criminal Procedure but these provisions can be applicable, if former husband declare that he would be preferred to govern under these provisions. The provisions of this Act clearly take away right of any divorced muslim women to claim maintenance from her former husband.
Now the court can award any divorced muslim women payment of maintenance from her relatives and incase it is not possible by such relatives to pay her maintenance, the court by order direct the State Wakf Board established under Section-9 of Wakf Act. The maintenance can be paid under any other law force in State. It also provides provisions for any suit of maintenance by a divorced muslim women under Sections 125 to 128 of Cr. P.C. pending before a Magistrate to be disposed according to the provision of this Act.
Section-3 of this Act describes the right of Mahr and other properties of divorced muslim women.
This Act is made to control and abolish drug menace. This is one of the strictest laws of India. It contains provisions of minimum 10 years imprisonment and rupees one lakh fine foremost of offences described in this Act. These punishments can goes up to twenty years imprisonment.
It has also provisions for forfeiting property derived from illicit of drugs. In some cases, it provides even death penalty.
Drug users who keep small quantity of drugs for personal consumptions gets soft punishment under this Act.
For speedy trial of offences under this act’s provisions for special Court are made.
Procedure to take action against offenders is described. Any lapse in procedure goes to the benefit of accused.
“NATIONAL FUND FOR CONTROL OF DRUG ABUSE” is also constituted under this Act. This fund includes Government funding – sale proceeds of property forfeited under this act – any grant by person on situation – etc. This fund is utilized by Central Government for combating illicit traffic of drugs and drug abuse.
Rules provides provisions of execution of bonds by any person convicted under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 and by any other person who is addict to any type of such drugs and substances which are punishable under Section-27 of the Act.
Separate forms of bond are provided for convicts and addicts.
This Act provides the constitution of a National Commission for minorities. It consists of Chair Persons and six Members appointed by Central Government. Its Chairman and five members are from minority Community.
The Commission can look into specific complaint regarding deprivation of rights and safeguard of the minorities and take up such matter with the appropriate authorities. It can also monitor the working of safeguard provided by law for minorities. The detailed functions for Commission are given in Section-9 of Act. The Commission is also given some powers of Civil Court under Code of Civil Procedure during inquiry by it.
This Act provides to constitute a commission for women. The commission looks after matters relating to women as it can investigate and examine all matters relating to the safeguard for women under the constitution and other laws. It can also look into complaint and take sue motto notice of matters relating to deprivation of Women Right. The Commission functions are given in detail in Section-10 of this Act.
While inquiring Commission has some powers of Civil Court under code of Civil Procedure.
The expenses of the Commission are met by Central Government grant. The Commission has one Chairman and six other members including Member Secretary.
This Commission is also authorised to inspect a Jail Remand Home Women Institution or other place of custody, where women are kept. It can also take up for any remedial measures with concerned authorities of these custody houses.
This Act empowers Central and State Government to detain any person, if they satisfied that person is working in any manner prejudice to the defence and security of India.
The Executive powers in this Act are mainly with District Magistrate and Police Commissioner.
Government can detain any person for three months at first instance. The total period of detention can go up to twelve months.
There is a provision of Constitution of Advisory Boards for looking into sufficient cause for detention under this Act. If this Advisory Boards found no sufficient cause for detention, the person is released from detention. The Government is also empowered to revoke detention order any time.
This Act defines the law relating to promissory Notes, Bills of Exchange and Cheques. The meaning of these is given in section 4, 5 & 6 of this Act. These 3 instruments are base of Banking Industry. The Law describe in details about the parties to notes, bills & Cheques. Their negotiation and matters relating with them. It also deals with compensation in case of dishonour of Promissory notes, Bill of Exchange or cheques.
It also contain provision of penalty in case of dishonour of cheques, which are issued to pay any debt or other liability and which are issued to pay any debt or other liability and which are dishonoured because of insufficiency of funds in the Bank Account.
Commonly notary means an officer authorised to certifies deeds, contracts, copies of documents, affidavits, etc. The function of notaries given in Section-8 of this Act has broadened the functions of the notaries.
Central government is authorised to appoint notaries. Every notary have and can use a seal. Provisions relating to removal of notaries are also provided.
The Indian judicial system requires to administer oath “to state the truth” to all witnesses etc. during their witness etc. This Act deals with matters relating to oath. It describes:-
(a) About who are empowered to administer oath.
(b) Who has to take the oath.
(c) Forms of oath and affirmations
It also provides making of affirmation by person instead of making an oath.
It bounds every person giving evidence before a court or a person authorised to administer oaths and affirmations to state the truth.
This Act mainly deals with communication of any secret information to enemy or simply enemy spies. It provides stringent punishment for this, it also prohibits some other acts which can be detrimental to the security of nation.
Harbouring of spies or abetment to commit any offence under this Act is also punishable. The Courts are also given authority for exclusion of public during trial proceedings. It is also clarify that Court will pass sentence in public.
Broadly speaking “OFFICIAL TRUSTEE” is a government man who under any provisions of this Act can be made trustee of any trust/property.
The official trustee is a corporation of the State. Official trustee have perpetual succession and an official seal, and may sue and be sued in his corporate name.
The courts are authorize to appoint him trustee of any trust/property. Any one can appoint official trustee as trustee of his property by will also. Private trustees of a trust can also appoint official trustee to be trustee of property of their trust. Conditions when official trustee can not accept any trust is also given. Provisions for related matters are also made.
The Act relates with the partition of property. It provides law for many situations which can arise during partition. The provisions of Act can be enforced by court of law.
The court can orders sale of property, if because of number of share holders or any other special circumstances, the division of property can not be made reasonably. Procedures of buying that property by one or more share holders is also made. Similarly some other provisions are also made for such partition.
Every person who departs from or attempt to depart from India requires a valid passport or travel documents under this Act. Govt. of India issues the passport.
The Act provides and describes the full procedure for issuance of passports and related matters. Penal provisions are provided for breach.
The Act creates a mandatory requirement for any person entering India to have a passport. The Central Govt. is empowered to make rules regarding this matter. Any person contravening this act can be arrested without warrant. The Central Govt. is also empowered to remove any person from India who has entered without passport.
A person who invents anything new has been given right to use that invention for its exclusive use upto a specified period. No other can use that invention except with the permission of inventor within specified period of patent. The Chapter II of this Act details the Invention, which cannot be patented.
The Act describes in detail procedure of obtaining the patent and other related matter. It has 23 chapters with 163 sections. A patent office is created where applications for patent can be submitted, and who after due procedure register the patent. The Act also details about International patents and about infringement of patents.
This Act makes bonus payment mandatory for every factory (employing ten or more employees) and other establishment employing twenty or more employees. The Central/State Government is empowered to extend the provisions of this Act for any other establishments employing ten or more employees.
Every employee receiving salary/wages up to Rs. 5,000/- per month is entitled to bonus for every accounting year. 30 days working condition for employees in that accounting year is necessary to receive bonus. Section-9 of Act details about the conditions which disqualifies a employee to receive bonus.
8.33% of wages/salary is minimum bonus to be paid. Maximum limit is 20%. Bonus is to be paid in cash and within 8 months of closing the accounting year.
New establishment are given some relaxations in payment of bonus up to first seven years of their operation.
The Act provides “GIFTS” for employees who had worked for more than five years at the time of leaving the service. The condition of five years service is not applicable in case of employee’s death. In case of death, gratuity is paid to persons nominated by employee or if no nomination is made, it is paid to heirs.
It is applicable to almost all industries/establishments employing ten or more persons.
It is paid @ 15 days salary after every year of service. Maximum 20 months of salary can be paid with limit up to Rs. 3,50,000/-. In seasonal industry it is paid @ 7 days salary after every year of service.
Section-4 (6) of this Act deals with conditions regarding forfeiture of gratuity of an employee.
Employers have to obtain compulsory insurance from Life Corporation of India to pay gratuity or to establish any other fund for its payment as per the provision of this Act.
The Payment of Wages Act is enacted for timely payment of wages to workers. It is applicable on almost all types of establishments. The provisions of this Act is for employees receiving wages up to Rs. 1,600/- p.m.
The Act fixes responsibility for Payment of Wages, Provisions of fixation of wage period (wage period can be fixed for maximum one month).
Wages are to be paid within 7 days of expiry of wage period (in case of less than 1000 employees) and within 10 days in other cases. The wages are to be paid in cash, if employees permit. Wages can be paid by cheque also.
The Act also describes about various deductions, which can be made from wages. Maximum 15% of wages can be deducted under various deductions. In case of payment to Housing Co-operative Society, these deductions can go up to 75% of wages.
The Act provides special provisions for disable persons. It is a welfare Act for disable persons. It provides for their free education and for their employment, reservations of posts are made. Provisions regarding non-discrimination in transport road, government employments are also made.
Centre/State government and local authority are required to take steps for the prevention of occurrence of such disability. Government is required to make schemes for providing aid and appliances to disable persons. Preferential allotment of land or disabled persons is also made. Authorities for the administration, co-ordinations etc. under this Act are also constituted.
The Act prohibits conversion of any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of different religious denomination or any section thereof. The 15th. August, 1947 is fixed the date from when the religious character of place of worships can not be changed.
This Act did not apply Ram Janma Bhumi Babri-Masjid situated in Ayodhya in the State of Uttar Pradesh The Act prohibits courts to hear certain cases of conversion, Section-4 describes those conditions.
The Act provides conditions of service and health – welfare measures for plantation labour.
The Act is applicable on 5 hectares or more land used for growing Tea, Coffee, Rubber, Cinchona or Cardamom and on which 15 or more workers are employed. State Government is empowered to apply this Act on plantation of these plants on less than 5 hectares of land or to plantation of any other plants, which fulfill 5 hectares or more land condition and employed 15 or more employees.
Registration is compulsory for every employer of Plantation. Registrars are appointed for this registration.
Employers have to provide - drinking water, latrines and urinals, medical facilities, etc. The Act also provides for working hours, weekly holiday, leave with wages etc. It also provides houses for plantation labour.
This Act regulates the import, possession and sale of poisons. The State Govt. is authorised to regulate it and to make rules regarding it. The Central Govt. is authorised to grant licence for import of poison. The District Magistrate, Sub-Divisional Magistrate and Commissioner of Police are authorised to issue a warrant of search for suspected place where poison is possessed in contravention of this Act. The Act provides penal provision for violators.
The Act provides punishment for a person intentionally causes or attempts to cause disaffection towards the government among the members of police force or any other act, which he knows is likely to induce any member of police force to commit a breach of discipline etc. Exceptions are given in Section-4.
The Act empowers Central Govt. to create a general police district embracing parts of two or more States and extend to every part of the said district the powers and jurisdiction of members of a police force belonging to a State. It also describes award the powers-duties etc. of police officers of these districts.
The Central Govt. is further empowered to make any order under which a member of the police force of any State discharge the function of a police officer in any other State. The powers functions privileges and liabilities of such officers is also described.
The Act empowers Central Govt. to constitute general police district embracing two or more union territory. The entire police establishments in a general police district to be one police force. The administration of this police force is vested in an officer appointed by Central Govt.
This Act is made by British Government in 1861 to create and regulate Police Force in India. It is one of the oldest laws of India after independence. Indian Parliament approved its adoptation by independent India. This Act explains about the basic duty of Police about their discipline, appointment, dismissal etc. of inferior officers.
It also empowers police to take charge of unclaimed property.
The police Act also provides details of small offences and provides for their punishment, police can take action in these offences. This Act also defines some offences, which can be committed by a Police Officer and provides punishment for them.
Rights of Members of police forces are restricted by this Act to ensure proper discharge of their duties and maintenance of discipline among them.
They are restricted to form association and freedom of speech etc. under this Act. All members of police are restricted to take part in any demonstration by anybody of person for any political purpose. Any person breaching the provisions of this Act can be imprisoned for two years.
Powers-of-attorney includes any instruments empowering specified persons to act for and in the name of the person executing it.
This “specified person” , if he thinks fit, execute or do any instrument or thing in and with in his own name and signature, and his own seal, where seal is required, by authority of donor of the power and every instrument and thing so executed and done, shall be as effectual in law as it had been executed or done by the donee of the power.
Provisions for some other related matter are also provided.
This Act regulates printing presses and newspapers. It also provides registration for them. It contains provisions for the preservation of copies and books. The Act also provides Registrar of Newspapers for the purpose of this Act. Provision of “Catalogue of Books printed in India” for registration of memorandum of every book is also made.
It makes mandatory to print certain particulars on Book and Newspapers. Printing Press Keepers are also required to make declaration to District presidency or Sub-Divisional Magistrate for keeping the press.
The publisher/printer are made responsible to deliver free copies to Government under this Act. Generally one or two copies are supplied under this provision.
This Act provide detention for the purpose of preventing Black Marketing and maintenace of supplies of essential commodity to the Public. Both center and State Govt. are empowered under this Act.
Procedure for absconding persons about whom detention order is issued is also detailed in this Act. Advisory Board for the purpose of this Act is also constituted under this Act.
A person can be detained for maximum for 6 months under this Act and can earlier revoked by Govt;
The main purpose of this Act is to crack down on menace of corruption. Earlier the matter relating to this law is regulated by Sections 161 to 165 of Indian Penal Code. Later a special Act was enacted by parliament of India to deal with corruption.
It basically deals with bribe related matters. The meaning of bribe (gratification) is very vast and not restricted to any bribe, which is estimated in money. The full meaning of gratification is defined in section 7 of this Act.
Bribe by public servant, by any person to influence public servant or abetment of these Acts are offence and punishable with stringent punishment. An attempt to do these offences is also punishable.
The Central and State Government are also empowered to appoint special judges to try offences under this Act. A person can be prosecuted under this Act only with the previous sanction of Government.
Only an Assistant Commissioner of Police or Deputy Superintendent of Police is authorised to investigate in this case. Exception is only Delhi, where a Police Inspector can also investigate under this Act.
This Act prevents the infliction of unnecessary pain or suffering on animals. It makes the duty of every person having the care or charge to take all reasonable measures to ensure the well being such animal and to prevent the animal of unnecessary pain or suffering.
Section-11 and 12 of this Act tell about the cruel activities done on animals and which are prohibited under this Act.
The Act empowers the Police to seize any such animal. Magistrates are also empowers to issue search warrants for inquiring into the matters of cruelty to animals. Courts are also empowered to order destruction of suffering animals, if court is satisfied that it would be cruel to keep animal alive.
The Act provides strict punishment to persons mischievously damage to public property with a punishment of imprisonment upto five years. The special extra provisions for damaging the public property by fire or explosive substances are made. It provides rigorous imprisonment for a terms upto ten years punishment.
The Act provides provisions against the adultration of food. A Central for food standards is created to advise the Central/State Government on maters arising out of the administration of this Act.
The Act prohibits manufacturing, sale-import etc. of adultrated misbranded food etc. The meaning of “Adultrated” and misbranded is given in Act which is seen to carefully.
Food Inspectors and Public Analysts are appointed to take samples of food and analysis them for adultration.
Strict punishments are provided for manufacturing-selling and import of adultrated –misbranded food.
The Act empowers Central/State Government to detain a person with a view to prevent him from engaging in illicit traffic in narcotic drugs and psychotropic substances. The maximum period of detention under this act is two years. The government can revoke this detention at any time.
Provisions for detaining any absconding persons are also made in this Act.
This Act provides punishment for dishonouring national honour objects e.g. National Flag, National Anthem and Constitution.
Dishonouring of these National Honours objects are punishable up to three years imprisonment.
International prevention of singing Indian National Anthem or causing disturbance to any assembly singing National Anthem is also made punishable with imprisonment up to three years.
The Act provides law relating to the prevention of public meeting likely to promote sedition or to cause a disturbance of public tranquility.
The government is authorize to declare any area as proclaimed area under this Act. The public meetings likely to cause disturbance etc. can not be conducted in proclaimed area, unless the notice for such meeting is given to District Magistrate or Commissioner of Police is given three days previously and unless written permission for holding such meeting is obtained from District Magistrate or Commissioner of Police. Exceptions are given in Section-4(3) of this Act.
The District Magistrate depute police officer or other person to attend any such meeting for making report of such meeting. He is also authorised to prohibit any such meeting. The Penal provisions are provided for contravention of this Act.
This Act provides provisions for prisoners confined by order of court. It has five main chapters (though the total chapters are nine). They relates with duty of officer in-charge of prisons (general), prisoners in the presidency town, prisoners outside the presidency town, removal of prisoners, persons under substance of transportation and discharge of prisoners. All chapters describes their subjects in detail.
The Act provides for the attendance in Courts of persons confined in prisons for obtaining their evidence and for answering criminal charges. Civil and Criminal courts are empowered to require appearance of prisoners with certain limitation on civil court or magistrate inferior to first class.
State government is empowered to exempt certain prisoners to appear in court. This provision is detailed in Section-4. Section-6 of this Act describes the conditions when an officer in-charge of prison can abstain from carrying out orders of court under this Act.
This Act empowers the Courts to release offenders, which are found guilty of certain offences (mainly of not big offences). After giving due warning on probation of good conduct.
The Courts are also empowered to make the offender to pay any compensation or cost as deem fit.
The provision of appointing probation officers is also in this Act. If any offender fails to obey the conditions of good conduct, he can be arrested and sentenced for his original offence.
The Constitution of India has abolished untouchability in India (Article 17 – Fundamental Rights). This act is enacted to implement that article of Constitution by this Act “Untouchability” is made offence and made punishable with imprisonment.
It also empowers Government to suspend or resumption of grants to any trust place of public worship or any educational institution – hostels where the Manager of such institution is convicted under this Act.
No one can be prevented from entering any place of public worship or assess to any shop, public restaurant, hotel or place of public entertainment. The details of untouchability preventive Acts are given in Sections 3-4-5 and 6 of this Act. Any person who abets or these crimes is also punishable under this Act.
Police can arrest accused person without warrant and Courts can try these cases summarily.
The Act relates to insolvency. Commonly insolvency is taken as the position of the debtors when he fails to pay his creditors. The Act in Section-6 describes about various acts of insolvency. If a debtor commits an act of insolvency. Insolvency petition can be presented by a creditor or by the debtor in the court. The act does not apply on any corporation, association or company registered under any law in force.
The District Courts are given jurisdiction for insolvency. They are empowered to decide all questions regarding insolvency. All procedures regarding it is described. Courts are empowered to appoint receiver who will take possession of property of debtors and can sell that property for payment to creditors.
This Act is made to abolish gambling menace, gambling and keeping gambling house are made punishable offence. Setting birds and animals to fight in public for money is also prohibited in this Act. It empowers police to enter and search any suspected gambling house with the imprisonment o Magistrate or District Superintendent of Police.
This Act does not apply to any game of mere skill. This Act is applicable only when money is involved.
It has also provisions of destruction of gaming instruments. The Court is also empowered to pay an informer the portion of any fine levied under this Act.
The owners of hazardous substances are make liable to pay compensation in case of death or injury to any person or damage to any property resulted from an accident due to hazardous substances. They are required to take insurance policies providing for contracts of insurance for his liability to pay damages under this act.
Public premises are premises belonged to Central Government etc. The meaning of public premises is given in Section-2(e) of Act. Un-authorized occupants means the occupation by any person of the public premises without authority, full meaning is given in Section-2(g).
Estate Officers are appointed by Central Government for eviction of unauthorized occupants in public premises. They are also authorize to remove unauthorized construction etc. in public premises.
Show causes are issued to un-authorized occupants and eviction orders are issued by Estate Officers. After completing due procedure under this Act, Estate Officer can issue order of eviction. If un-authorized occupant did not comply with the order, he can take the possession of premises, if required, he can use the necessary force.
Estate Officer is also authorize to order of demolition of un-authorized construction. He can also require payment of rent and damages in respect of public premises.
Penal provisions are provided for breach.
The Act provides provisions of “inquiry” and “procedure of inquiry” into the behaviour of public servants. The Act applies to public servants who are not removable from their appointment without the sanction of government(Gazetted officer).
The government is empowered to order an inquiry. The inquiry can be committed by court, board or other authority to which the person accused is subordinate or to any other person specially appointed for this purpose. The procedure for inquiry and related matters is described in the Act.
The Act provides prosecution of such public servant, with the permission of Government, by accuser also.
Railway Act regulations our Rails. Railway is the biggest organization and employment provider of India. It one of the biggest Railway in world. This Act provides regulation for almost all subject related to railway.
Provisions regarding safety, construction and maintenance, carriage of passengers and goods, liabilities in case of death and injury in accident, its responsibilities as carrier and regulation of work of its employee etc. are proved in detail.
The Act provides strict punishments for persons possessing illegally railway property. The persons wilfully connives regarding an offence under this Act is also liable to be punished. The Railway Protection Force is authorised to conduct inquiries, arrest, etc. in these type of cases.
The procedure for inquiry by Railway Protection Force is given. Procedures for search and arrest without warrants is also made. All searches and arrests made under are to be carried out in accordance with the provisions of the code of criminal procedure.
The Central Government is empowered to establish tribunals to be known as the debt recovery tribunal for the adjudication and recovery of debts due to bank and financial institutions.
Jurisdiction, power, authority and procedure of adjudication of these tribunals are described. The procedure of recovering of debt is also described.
The tribunals are created with the purpose of fast recovery of debts without going through the long and complicated judicial proceedings.
The Act provides provisions relating to registration of documents i.e. registration of sale deed of a house, registration of an agreement.
It provides Registrar for registration under this Act. Part-II describes in details about the registration establishment. The duties and powers of registering officer is also given. It told about the documents which can be registered. Documents which are compulsory/optional for a registration.
Its different chapters contain provisions regarding different matters relating to registration as about the time of presentation, place of registration, presenting documents for registration, etc. Special provisions are made for registration wills.
It also describes about the effects of registration or non-registration.
The Act empowers Central Government to make rules with respect to foreigners to report their presence in India, reporting their movement in India, reporting intended departure, etc. to prescribed authority.
The Management of any hotel, boarding house, etc. to report the name of any foreigner residing therein. The Management of any vessel or aircraft can also be required to furnish information regarding any foreigner entering or intending to depart from India in their vessel or aircraft. Penal provisions are provided for breach.
The Central government is also empowered to exempt the application of these provisions to any individual foreigners or any class or description of foreigners.
The Act prevents the misuse of religious institutions for political and other purposes. It prohibits carrying of arms and ammunition into a religious institution. Funds or other properties of religious institutions are banned to use for the benefit of any political party/ activities etc.
The use of premises of religious institutions is prohibited for political activities, storing of any arms or ammunitions and many other activities as detailed in Section-3 of the Act.
Imprisonment upto five years is provided for the breach of provisions.
This Act relates to holding of property by, any body of persons, for the purpose of maintaining religious worships. It also provides provisions for dissolution of such body and adjustment of its affairs.
This act defines the law relating to sale of goods. It describes in details about contract of sale, price conditions and warranties effect of the contract, performance of the contract, right of unpaid seller against the goods, and suits for breach of the contract.
Any person employed in any Establishment for hire or revered to do any work relating to promotion of Sales or Bushiness, except person engaged in Managerial or Administrative capacity or in Supervisory capacity earning wages more than Rs. 1,600/- p.m. is a sale promotion employee under this Act.
It applies mainly to Pharmaceutical Industry or any other Industry notified in gazette by government.
The provisions of Workmen Compensation Act - 1923, Industrial Dispute Act-1947, Minimum Wages Act – 1948, Maternity Benefit Act-1961, Payment of Bonus Act-1965 and Payment of Gratuity Act-1972 are made applicable on Sales Promotion Employees by this Act.
The employee is entitled for appointment letter and leave with wages. The Employers are also required to maintain some records under this Act.
The Act provides strict punishments for atrocities against the members of Schedule Castes and Schedule Tribes. Section-3 of this Act describes in details about these atrocities and punishments for them. Public servants committing any offence under this Act or neglecting their duties required to be performed under this Act are dealt strictly.
It also provides special courts to try offences under this Act. The courts are also empowered to remove any person beyond the limits of any area to prevent him committing an offence under this Act.
The Act denies “Sick Industrial Company” as an Industrial Company (being a company registered for not less than 5 years) which has at the end of any financial year accumulated losses equal to or exceeding its entire net work.
The Act is enacted to rehabilitate etc. of this sick industrial company.
A Board known as “Board for Industrial and Financial Reconstruction” is created to exercise its jurisdiction and powers, functions and duties under this Act. An appellate authority is also provided.
Board of Directors, Financial Institutions, Government, etc. can make a reference to Board. The Board makes and inquiry and it feel fit to reconstruct/rehabilitate the Company, it can sanction a scheme for it. Section 18 and 19 describes about what can be provided in the scheme. If Board is in the opinion of no possibility of revival of Sick Company, it can order its wind-up.
The Act prohibits melting or destruction of small coins having value of less than one rupee. It also prohibits the possessing any melted coin in melted/solid state etc. Penal provisions upto five years imprisonment are provided for breach. A person committing crime under this Act can be arrested without warrant.
The Act provides for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators. Section-2 of this Act describes in detail about the persons on whom this act is applicable.
It describes about the competent authorities for the enforcement of this Act. It also describes procedures for the forfeiture of property and related matters. A appellate Tribunal is also constituted to hear appeals against the forfeiture under this Act.
The Act provides registration of literacy, scientific and charitable societies. Any 7 or more persons can form a society. The Registrar of Joint Stock Companies is appointed Registrar under this Act. For registration members have to subscribe their names to a memorandum of association and file it to the Registrar.
The Act contains provisions for the administration of society and some other matters i.e suits by an against societies, enforcement of judgment against society etc. etc. Any person on payment of fees can inspect all documents filled with the Registrar and also can take copy of it.
It also contains provisions regarding dissolution of societies.
India has a big series of Family Laws. About ten acts are dedicated to marriage related matter. Almost every religion has its Marriage Laws. Validity of marriage in law is very essential because a person is lawfully legible for any rights, which are consequence of marriage only when its marriage is valid under law. Children born in legal marriage can avail all lawful rights under different laws as under Indian Evidence Act, a person will be taken as a father of a child, if mother of child is married with that person according to some law.
The special marriage act is enacted to give legal status to marriages, which are otherwise normally not possible in any other law. Although certain other marriages can also be registered under this act.
Any person who have no spouse leaving, not of un-sound mind, the male who has completed the age of 21 years and female who has completed the age of 18 years and who does not comes under prohibited relationship given in this Act, can marry under this Act.
It provides provision for marriage officers to solemnize marriages. Any person wanted to marriage has to notice to marriage officers. The Marriage Officer calls for any objection from public against this notice. The objections are to be filled within 30 days of notice.
If no objection is received, Marriage Officer can solemnize the marriage in Marriage Certificate Book and that certificate is signed by both party to marriage and three witnesses.
In case of any objection, Marriage Officer will conduct an inquiry and if he upholds the objection he can refuse to solemnize the marriage. The inquiry time for objection is 30 days, parties can go to District Court against the order of Marriage Officer.
Any marriage that is not solemnized under this act can also be registered under this Act, if they fulfill certain conditions given in Section-15 of this Act.
This Act also deals with divorce etc. under this Act.
This law defines the certain kinds of specific relief. This relief can be granted only for enforcing civil rights, and not for the many purposes of enforcing a penal law.
The Act is enforceable by Civil Courts of India and is one of major Civil Law of Country regarding relief in specific matters.
The Act defines spirituous preparation —
Spirituous preparation means;
(i) any medinal preparation containing alcohols, whether self generated or otherwise or
(ii) any mixture or compound of wine with medicinal substances, whether the wine is fetified with spirit or not, or
(iii) any other substance notified under Section-4 to be spirituous preparation.
The Act prohibits import-export of spirituous preparation from one State to another except with the provisions of this Act. Central government is empowered to make rules under this Act. This Act is not applicable spiritual preparation which are property of government.
This act is enacted to establish standard of weights and measures, to regulate interstate Trade or Commerce in weights, measures and other goods which are sold or distributed by weight measure or number and matters related therewith.
The Act provides approval before manufacturing of models of weighing and measuring Instruments. It also control and regulates export and import of weights and import of weights and measures and commodities in package form.
Penal provisions are made for the offences are made for the offences against this Act.
The Act empowers State Governments to make rules for determining the value of land for purpose of jurisdiction of the suit mentioned in the Court Fees Act.
It also prohibits relief, of value which is more than value of land in any suit mentioned in Section-7 paragraph iv, or Schedule-II, article-17 of Court Fees Act.
The Act also provides, Court Fees value and jurisdiction value to be same in the suits where court fees are payable ad-valorem and the suit should not be the suits referred in Section-7 paragraph V, VI and XI and paragraph X clause (d) in the Court Fees Act
The Act prohibits a person to keep telegraph wires in excess of 10 pounds. Every person who is in possession of telegraph wires is required to declare about the quantity those wires to competent authority.
All persons are prohibited to sell or purchase any quantity of telegraphic wires only with the permission of competent authority.
Penal provisions are provided for breach.
The Act provides special court for speedy trial of terrorist related offences in terrorist affected area.
The Central government is authorised to declare any area to be terrorist affected area and establish courts for the trial of offences given in Schedule 1 of Act. The special court can sit at any other place then the ordinary place of its sitting.
Special provisions are made for the protection of witnesses.
This is one of the most stringent laws made in the history of independent India. This act has ceased to its existence on 31st May, 2000. This Act contains stringent provisions for terrorist and disruptive activities Most of the offences defined in this Act are punishable with life imprisonment. This Act was first passed by Rajiv Gandhi regime. Opposition parties and General people have severely criticized the many provisions of this Act, which is made in the name of action against terrorist. But are used for other purposes (un-democratic) also.
Section-3 and Section-4 of this Act tells with details of Terrorist and Disruptive Activities. It gives vast power to Government and investigating officers. It has also provisions for designated courts for hearing the cases under this Act. It has also provisions for protection to witnesses.
Only Supreme Court has the authority to hear appeal against any order, judgment by designated Court under this Act.
This Act provides registration and protection of trademarks. It also prevents the use of fraudulent marks on merchandise.
It describes procedure for registration in detail. Special provisions for trademarks and Textile goods are made in this Act.
Breach of provisions of this Act is made offence, which is punishable. The Act defines description of offences, penalties, procedure and limitation for prosecution.
A general misunderstanding about this Act is that it is for Labour Unions. This is not correct, even employers have their associations registered under Trade Union Act. Any person other than labour can also make union and that can be registered under this Act.
This Act regulates the conditions of registration-dissolution and their rights & liabilities.
It has provisions for appointment of Registrars for the purpose of registering Trade Unions. It provides procedure for registration of Trade Unions.
Minimum 7 persons are required to make a Trade Union.
It also provides provisions for amalgamation of two or more Trade Unions as one Trade Union.
It describes about objects on which Trade Union fund can be spent. The Trade Unions are also liable to fill certain returns to Registrar. It also contains provisions regarding disqualification of office bearers of Trade Unions. The office bearers and members of Trade Unions have right to inspect Account Books and List of Members of Trade Unions.
It also describes some duties of Registrar.
The Act defines transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and to transfer property is to perform such act. Section-6 details out but may be transferred. The Act provides provisions for, persons competent for transfer, operation of transfer etc.
Its various chapters details about the, sales of immovable property, mortgage of immovable property and charges, lease of immovable property, about changes and gifts, related provisions.
The Act provides regulation for removal,, storage and transplantation of human organs for therapeutic purpose. It also prohibits commercial dealings in human organs.
Hospitals engaged in removal, storage or transportation of human organs is required to be registered with appropriate authority. Removal or transplantation of Human Organs can be done only for therapeutic purposes. Any living person can denote his organs only to his near relative. Provision for donation of human organs after death is also made.
Commercial dealings in human organs are prohibited and are punishable under this Act. An appropriate authority for the purposes of this Act is also created.
This Act defines unlawful activities as “In relation to an individual or association means any action taken by such individual or association (whether by committing an act or by words either spoken or written or by signs or by visible representation or otherwise.
(i) Which is intended, or supports any claim, to being about, on any ground whatsoever, the cessation of a part of the territory in India or the secession of territory of India from Union or which incites any individual or group or individuals to being about such cession or cessions.
(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India.
This law makes these unlawful activities illegal and punishable with imprisonment. This Act also empowers Central Government to declare any association unlawful engaged in these unlawful activities. It also empowers Central Government to prohibit the use of funds of any association declared unlawful under this Act.
Any person who is member of unlawful association declared under this Act can be punished for two years imprisonment. Similarly dealing with funds of such association is also punishable under this Act.
Police is empowered to arrest without warrant any persons accused under this Act.
The Act provides provisions for the better administration of wakf. The Act defines wakf as:-
“Wakf” means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes -
(i) “a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser.
(ii) “grants”, including mashrut-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and
(iii) a wakf-alal-aulad to the extend to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, and “wakf” means any person making such dedication.
State Governments are authorised to established Board of Wakfs for general superintendence of all wakfs in the State. Central Government is authorised to constitute Central Wakf Council for advising it to – on matters concerning the working of State Boards and for due administration of wakfs.
The provision of survey of wakfs by State government is provided. All wakfs are liable to be registered. The Mutawali is made liable for registration. Duties of Mutawali is described in detail under Section-50. Provision regarding maintenance of accounts of wakfs is also made. Constitution of tribunals by State Govt. is also provided for determination of any dispute etc. under this Act.
This Act provides weekly holidays to persons employed in shops and restaurants. It comes into force only after State Government notification specifying all State or a specified area for the applicability of this Act.
Employees of these establishments are entitled for one holiday in a week with wages under this Act. State Government can additionally give half day leave in a week under this Act. The Management staff is not entitled under this Act.
The Act provides protection to wild animals, birds and plants. It prohibits hunting of animals. Exceptions are also made. The killing and wounding of any wild animals in defence is not an offence. Similarly many protections are given to plants specified in this Act.
Wild animals and specified plants etc. are made government property under this Act.
Many bans on trade and commerce in wild animals, animal articles etc. are put on.
Authorities under Central/State Government are created for the purpose of this Act. Strict penalties are provided for the breach.
This Act provides applicability of certain other laws to working journalists/Newspaper Establishment i.e. The Industrial Dispute Act-1947 (with some modifications), The Industrial Employment (Standing Orders) Act-1946 – where twenty or more workmen are employed and The Employees Provident Fund Act-1952.
The provision of separate Wage Boards for the purpose of fixing and revising rates of wages in respect of working journalists and non-journalists newspaper employees are made in this Act. If Central Govt. feels that the Wage Board constituted under this Act is not able to function, it can constitute a tribunal for this purpose. The Central Govt. is also empowered to fix interim rate of wages with consultation of Wage Board, which are binding on all employers in relation to Newspapers establishment.
This Act also provides some provisions for job protection of Journalists and Non-journalists Newspaper employees. It has also provisions of payment of gratuity after three years service. It has also provision for working hours and leave with wages.
This Act provides compensation to workers or their dependants in case of accident during their employment. This accident should cause disablement or death to worker. The Act is also applicable in case of occupational disease (which are due to certain conditions of some works).
This Act is applicable to Establishments given in Schedule-II and III of this Act. However, it is not applicable on Establishments covered by “Employees State Insurance Act”.
Any accident arising out of willful disobedience of Safety Rules, disregard of safety device or under influence of drinks – drugs, the compensation is not payable.
Employee can be medically examined by a qualified Medical Practitioner, if required by the Employer.
In most cases, this compensation is deposited with Govt. under this Act who disburses the compensation.
This Act defines the “Harmful Publication” as “means any book magazine, pamphlet, leaflet, newspaper or other like publication which consists of stories told with the aid of pictures or without the aid of pictures or wholly in pictures, being stories portraying wholly or mainly.
(i) The Commission of offences, or
(ii) Acts of violence or cruelty, or
(iii) Incidents of repulsive or horrible nature.
In such way that the publication as a whole would tend to corrupt a young person into whose hands it might fall, whether by inciting or encouraging him to commit offences or acts of violence or cruelty or in any manner whatsoever.
Sale etc. of harmful publication are made offence by this Act punishable with imprisonment and fine. Government is also empowered to declare any publication “Harmful Publication” – seize it and destroy it.
Any person accused of offence under this Act can be arrested without warrant by police.