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Start Free TrialMulti-state Co-operative Societies Act, 2002 Chapter X
Title: Winding Up of Multi-state Co-operative Society
State: Central
Year: 2002
.....shall be reimbursed by the liquidator or such other person in the circumstances, to the extent and in the manner provided in section 21 of that Act. Section 89 - Liquidator (1) Where the Central Registrar has made an order under section 86 for the winding up of a multi-State co-operative society, the Central Registrar may appoint a liquidator for the purpose and fix his remuneration. (2) A liquidator shall, on appointment, take into his custody or under his control all the property, effects and actionable claims to which the multi-State co-operative society is or appears to be entitled and shall take such steps as he may deem necessary or expedient to prevent loss or deterioration of, or damage to, such property, effects and claims and he may carry on the business of the multi-State co-operative society so far as may be necessary with the previous approval of the Central Registrar. (3) Where an appeal is preferred under clause (1) of sub-section (1) of section 99, an order for the winding up of a multi-State co-operative society made under section 86 shall not operate thereafter until the order is confirmed in appeal: Provided that the liquidator shall continue to.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 19
Title: Amendment of Section 352c
State: Central
Year: 2002
.....the words "or produce a guarantee acceptable or produce a bank guarantee in respect of the amount as in the opinion of the High Court is satisfactory and the amount so deposited or guarantee so given" shall be substituted; (d) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:- "(5) Where the person referred to in sub-section (1) or his insurer establishes that he has paid is whole or in part any claims in respect of which he can limit his liability under this Part, the High Court shall place him in the same position and to the same extent in relation to the Fund as the claimant whose claim has been paid and allow to acquire by subrogation the rights which the 30 person so compensated would have enjoyed under this Part: Provided that the right of subrogation provided for in this sub-section may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they might, have paid to that extent if prescribed by the rules made in this behalf under this Part. (6) Where the person liable or any other person has established that he may at a later date be required to pay in whole or in.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 9
Title: Amendment of Chapter Iv
State: Central
Year: 2002
.....the date of such commencement or within forty-eight months from the date of the application, whichever is later. (3) In case of an application in respect of a claim for a patent covered under sub-section (2) of section 5, a request in the prescribed manner for examination shall be made by the applicant or any other interested person within a period of twelve months from 31st day of December, 2004 or within forty-eight months from the date of the application, whichever is later. (4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) or sub-section (2) or sub-section (3), the application shall be treated as withdrawn by the applicant : Provided that-- (i) The applicant may, at any time after the filing of the application but before the grant of the patent, withdraw the application made by him; and (ii) in a case where a secrecy direction has been issued under section 35, the request for examination may be made within forty-eight months from the date of revocation of the secrecy direction."
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 18
Title: Amendment of Section 25
State: Central
Year: 2002
In section 25 of the principal Act,-- (a) in sub-section (1), after clause (i), the following clauses shall be inserted, namely :-- "(j) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (k) that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere;"; (b) in sub-section (2), for the words "shall give", the words "may, if so desired, give" shall be substituted; (c) in sub-section (3), after the words "shall be taken of any", the words "personal document or secret trial or" shall be inserted.
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 29
Title: Amendment of Section 59
State: Central
Year: 2002
.....or any document related thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment."; (ii) in sub-section (2),-- (a) for the words "complete specification, any amendment of the specification", the words "complete specification along with other documents related thereto, any amendment of the specification or any other document related thereto" shall be substituted; (b) in clause (a), for the word "specification", the words "specification along with other documents related thereto" shall be substituted; (c) in clause (b), for the word "specification", the words "specification or any other document related thereto" shall be substituted.
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 31
Title: Amendment of Section 64
State: Central
Year: 2002
In section 64 of the principal Act,-- (a) in sub-section (1),-- (i) the proviso to clause (b) shall be omitted; (ii) the proviso to clause (e) shall be omitted; (iii) the proviso to clause (f) shall be omitted; (iv) in clause (n), after the words and figures "under section 35", the words and figures "or made or caused to be made an application for the grant of a patent outside India in contravention of section 39" shall be inserted; (v) after clause (o), the following clauses shall be inserted, namely :-- "(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere."; (b) in sub-section (2), in clause (a), for the words "secret use", the words "personal document or secret trial or secret use" shall be substituted.
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 39
Title: Substitution of New Chapter for Chapter Xvi
State: Central
Year: 2002
.....Controller. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.-- (1) Where an application under section 84 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of sub-section (7) of section 84 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked: Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 58
Title: Amendment of Section 138
State: Central
Year: 2002
.....by the Controller" shall be substituted; (c) after sub-section (3), the following sub-sections shall be inserted namely:-- "(4) An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 54 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act. (5) The filing date of application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty. (6) Amendment, if any, proposed by the applicant for an international application designation designating India or designating and electing India before international searching authority or preliminary examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 63
Title: Substitution of New Section for Section 157a
State: Central
Year: 2002
For section 157A of the principal Act, the following section shall be substituted, namely:-- '157A. Protection of security of India.--Notwithstanding anything contained in this Act, the Central Government shall-- (a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India; (b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect. Explanation.--For the purposes of this section, the expression "security of India" includes any action necessary for the security of India which-- (i) relates to fissionable materials or the materials from which they are derived; or (ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or (iii) is taken in time of war or other emergency in international relations.'.
View Complete Act List Judgments citing this sectionConsumer Protection (Amendment) Act,2002 Section 2
Title: Amendment of Section 2
State: Central
Year: 2002
.....of earning his livelihood by means of self-employment;'; (d) for clause (j), the following clause shall be substituted, namely :- '(j) "manufacturer" means a person who- (i) makes or manufactures any goods or part thereof; or (ii) does not make or manufacture any goods but assembles parts thereof made or manufactured by others; or (iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer;'; (e) for clause (nn), the following clauses shall be substituted, namely :- '(nn) "regulation" means the regulations made by the National Commission under this Act; (nnn) "restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include- (a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price; (b) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the.....
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