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Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Preamble

Title: the Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947

State: Maharashtra

Year: 1947

THE BOMBAY ADJUDICATION PROCEEDINGS (TRANSFER AND CONTINUANCE) ACT, 1947 [Act No. 34 of 1947]1 [22nd November, 1947] PREAMBLE An Act to provide for the transfer and continuance of adjudication proceedings in trade disputes referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator. WHEREAS it is expedient to enable the Provincial Government to transfer to, and continue before, a Tribunal constituted by the Provincial Government under the Industrial Disputes Act, 1947, adjudication proceedings in trade disputes referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator at the commencement of this Act; It is hereby enacted as follows :-- ___________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1947. Pt. V, p. 339.

BOMBAY ADJUDICATION PROCEEDINGS (TRANSFER AND CONTINUANCE) ACT, 1947, (Maharashtra) Section 2

Title: Provincial Government's power to make order for transfer and continuance of adjudication proceedings before Tribunal

State: Maharashtra

Year: 1947

The Provincial Government may, by order notified in the Official Gazette, direct that any proceedings in any trade dispute referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator at the commencement of this Act shall, from the stage reached before the Adjudicator, be transferred to, and continued before, a Tribunal constituted by the Provincial Government under the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act), and thereupon such dispute shall be deemed to be an industrial dispute within the meaning of the said Act and all the provisions of the said Act shall apply in relation to such dispute as if it were referred to the Tribunal for adjudication under the said Act.

Prevention of Money-laundering Act, 2002 Chapter III

Title: Attachment, Adjudication and Confiscation

State: Central

Year: 2002

.....provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A and Part B of the Schedule, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); or (ii) Paragraph 2 of Part A of the Schedule, a police report or a complaint has been filed for taking cognizance of an offence by the Special Court constituted under sub-section (1) of section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)" Section 6 - Adjudicating Authorities, composition, powers, etc (1) The Central Government shall, by notification, appoint 1[an Adjudicating Authority] to.....

Foreign Exchange Management Act, 1999 Section 14

Title: Enforcement of the Orders of Adjudicating Authority

State: Central

Year: 1999

.....to be detained in the custody of such officer as the Adjudicating Authority may think fit or release him on his furnishing the security to the satisfaction of the Adjudicating Authority for his appearance as and when required. (9) Upon the conclusion of the inquiry, the Adjudicating Authority may make an order for the detention of the defaulter in the civil prison and shall in that event cause him to be arrested if he is not already under arrest: Provided that in order to give a defaulter an opportunity of satisfying the arrears, the Adjudicating Authority may, before making the order of detention, leave the defaulter in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days, or release him on his furnishing security to the satisfaction of the Adjudicating Authority for his appearance at the expiration of the specified period if the arrears are not satisfied. (10) When the Adjudicating Authority does not make an order of detention under sub-section (9), he shall, if the defaulter is under arrest, direct his release. (11) Every person detained in the civil prison in execution of the certificate may be so.....

Foreign Exchange Management Act, 1999 Chapter 5

Title: Adjudication and Appeal

State: Central

Year: 1999

.....Tribunal for Foreign Exchange to hear appeals against the orders of the Adjudicating Authorities and the Special Director (Appeals) under this Act. Section 19 - Appeal to Appellate Tribunal (1) Save as provided in sub-section (2), the Central Government or any person aggrieved by an order made by an Adjudicating Authority other than those referred to in sub-section (1) of section 17, or the Special Director (Appeals), may prefer an appeal to the Appellate Tribunal: Provided that any person appealing against the order of the Adjudicating Authority or the Special Director (Appeals) levying any penalty, shall while filing the appeal, deposit the amount of such penalty with such authority as may be notified by the Central Government: Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a.....

Energy Conservation Act 2001 Chapter VIII

Title: Penalties and Adjudication

State: Central

Year: 2001

..... (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the clauses of the sections specified in section 26, he may impose such penalty as he thinks fit in accordance with the provisions of any of those clauses of that section: Provided that where a State Commission has not been established in a State, the Government of that State shall appoint any of its officer not below the rank equivalent to a Secretary dealing with legal affairs in that State to be an adjudicating officer for the purposes of this section and such officer shall cease to be an adjudicating officer immediately on the appointment of an adjudicating officer by the State Commission on its establishment in that State; Provided further that where an adjudicating officer appointed by a State Government ceased to be an.....

Prevention of Money-laundering Act, 2002 Section 6

Title: Adjudicating Authorities, Composition, Powers, Etc

State: Central

Year: 2002

.....of the Adjudicating Authority is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson of the Adjudicating Authority until the date on which the Chairperson of the Adjudicating Authority resumes his duties. (15) The Adjudicating Authority shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Adjudicating Authority shall have powers to regulate its own procedure. _______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "one or more Adjudicating Authorities" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Sixty two"

The Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947 Complete Act

State: Maharashtra

Year: 1947

.....all the provisions of the said Act shall apply in relation to such dispute as if it were referred to the Tribunal for adjudication under the said Act. SECTION 03: PENALTY For the avoidance of doubt it is hereby declared that any employer, workman or person, who commits an offence under sections 26, 27, 28, 29, 30 or 31 of the said Act in relation to such dispute the proceedings in which have been transferred to, and continued before a Tribunal under section 2, shall be liable to the punishment provided in any of the said sections. SECTION 04: SAVINGS Nothing in this Act shall affect- (a) any penalty, forfeiture or punishment incurred in respect of any contravention of the provisions of rule 81A of the Defence of India Rules or of any order made thereunder in relation to a trade dispute the proceedings in which have been transferred to, and continued before, a Tribunal under section 2; or (b) any investigation, legal proceeding or remedy in respect of any penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had.....

Energy Conservation Act 2001 Section 27

Title: Power to Adjudicate

State: Central

Year: 2001

..... (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the clauses of the sections specified in section 26, he may impose such penalty as he thinks fit in accordance with the provisions of any of those clauses of that section: Provided that where a State Commission has not been established in a State, the Government of that State shall appoint any of its officer not below the rank equivalent to a Secretary dealing with legal affairs in that State to be an adjudicating officer for the purposes of this section and such officer shall cease to be an adjudicating officer immediately on the appointment of an adjudicating officer by the State Commission on its establishment in that State; Provided further that where an adjudicating officer appointed by a State Government ceased to be an.....

Information Technology Act, 2000 Chapter IX

Title: Penalties, Compensation and Adjudication

State: Central

Year: 2000

.....normal operation of the computer, computer system, or computer network; (ii) "computer database" means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalised manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network; (iii) "computer virus" means any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource; (iv) "damage" means to destroy, alter, delete, add, modify or rearrange any computer resource by any means. (v) "computer source code" means the listing of programme, computer commands, design and lay out and programme analysis of computer resource in any form." 1[(i) destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any.....