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Start Free TrialPublic Interest Disclosure (Protection of Informers) Act, 2002 Section 14
Title: Burden of Proof Incertain Cases
State: Central
Year: 2002
Where the Competent Authority conducts inquiry into an application under sub section (3) of section 10, the burden of proving that such action or proceeding which is the subject of victimization would have been taken even if no disclosure had been made by the applicant,shall be upon such public servant or public authority against whom allegation of vitimisation has been made.
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 24
Title: Burden of Proof
State: Central
Year: 2002
When a person is accused of having committed the offence under section 3, the burden of proving that proceeds of crime are untainted property shall be on the accused.
View Complete Act List Judgments citing this sectionWild Life (Protection) Amendment Act, 2002 Section 34
Title: Insertion of New Chapter Via
State: Central
Year: 2002
.....to the Government), as the State Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L. (2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court. (3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed. 58-O. Appeals.-- (1) Any person aggrieved by an order of the competent authority made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 43
Title: Insertion of New Section 104a
State: Central
Year: 2002
.....a new product; or (b) there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process. (2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.".
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Chapter V
Title: Summons, Searches and Seizures, Etc
State: Central
Year: 2002
.....by him, and (iii) record the statement of any person present in the place which may be useful for, or relevant to, any proceeding under this Act. Section 17 - Search and seizure (1) Where 1[the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section], on the basis of information in his possession, has reason to believe (the reason for such belief to be recorded in writing) that any person--- (i) has committed any act which constitutes money-laundering, or (ii) is in possession of any proceeds of crime involved in money-laundering, or (iii) is in possession of any records relating to money-laundering, then, subject to the rules made in this behalf, he may authorise any officer subordinate to him to-- (a) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept; (b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not available; (c) seize any record or property found as a result of such search; (d).....
View Complete Act List Judgments citing this sectionMultistate Cooperative Societies Act, 2002 Complete Act
State: Central
Year: 2002
MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002 MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002 39 of 2002 3rd July, 2002 An Act to consolidate and amend the law relating to co-operative societies, with objects not confined to one State and serving the interests of members in more than one State, to facilitate the voluntary formation and democratic functioning of co-operatives as people's institutions based on self-help and mutual aid and to enable them to promote their economic and social betterment and to provide functional autonomy and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Multi-State Co-operative Societies Act, 2002. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that.....
List Judgments citing this sectionPrevention of Money Laundering Act, 2002 Complete Act
State: Central
Year: 2002
PREVENTION OF MONEY LAUNDERING ACT, 2002 PREVENTION OF MONEY LAUNDERING ACT, 2002 An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- CHAPTER 01 PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Prevention of Money Laundering Act, 2002. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 02: DEFINITIONS (1) In this Act, unless the context otherwise requires, - (a) "Adjudicating Authority" means an Adjudicating Authority appointed under sub -section (1) of section 6 -; (b) "Appellate Tribunal" means the Appellate Tribunal established under section 25-; (c) "Assistant.....
List Judgments citing this sectionPublic Interest Disclosure (Protection of Informers) Act, 2002 Complete Act
Title: Public Interest Disclosure (Protection of Informers) Act, 2002
State: Central
Year: 2002
Preamble1 - PUBLIC INTEREST DISCLOSURE (PROTECTION OF INFORMERS) ACT, 2002 Section1 - Short title and extent Section2 - Definitions Section3 - Requirements of a Public Interest Disclosure Section4 - Procedure on receipt of Public Interest Disclosure Section5 - Procedure of Inquiry Section6 - Matters not subject to inquiry by Competent Authority Section7 - Powers of the Competent Authority Section8 - Report on disclosures Section9 - Time limit for completion of inquiry Section10 - Safeguards against victimization Section11 - Transfer of Public Servant for avoiding victimization Section12 - Protection of witnesses and other persons Section13 - Power to pass interim orders Section14 - Burden of proof in certain cases Section15 - Protection of action taken in good faith Section16 - Punishment for False or Frivolous Disclosures Section17 - Power to make rules
List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Complete Act
Title: Prevention of Money-laundering Act, 2002
State: Central
Year: 2002
.....- Retention of records Section22 - Presumption as to records or property in certain cases Section23 - Presumption in inter-connected transactions Section24 - Burden of proof Chapter VI Section25 - Establishment of Appellate Tribunal Section26 - Appeal to Appellate Tribunal Section27 - Composition, etc., of Appellate Tribunal Section28 - Qualifications for appointment Section29 - Term of office [Omitted] Section30 - Conditions of service Section31 - Vacancies Section32 - Resignation and removal Section33 - Member to act as Chairperson in certain circumstances Section34 - Staff of Appellate Tribunal Section35 - Procedure and powers of Appellate Tribunal Section36 - Distribution of business amongst Benches Section37 - Power of Chairperson to transfer cases Section38 - Decision to be by majority Section39 - Right of appellant to take assistance of authorised representative and of Government to appoint presenting officers Section40 - Members, etc., to be public servants Section41 - Civil court not to have jurisdiction Section42 - Appeal to High Court Chapter VII Section43 - Special Courts Section44 - Offences triable by Special Courts Section45 -.....
List Judgments citing this sectionMulti-state Co-operative Societies Act, 2002 Chapter VIII
Title: Audit, Inquiry, Inspection and Surcharge
State: Central
Year: 2002
.....in the order, shall be conducted and may by the same or a different order appoint either a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949(38 of 1949) or the multi-State co-operative society's auditor himself to conduct with special audit: Provided that the Central Government shall not order for special audit of a multi-State co-operative society's accounts if that Government or the State Government either by itself or both hold less than fifty-one per cent. of the paid-up share capital or of the shares in such multi-State co-operative society. (2) The chartered accountant or the multi-State co-operative society's auditor appointed under sub-section (1) to conduct a special audit as aforesaid is hereafter in this section referred to as the special auditor. (3) The special auditor shall have the same powers and duties in relation to the special audit as an auditor of a multi-State co-operative society has under section 73: Provided that the special auditor shall, instead of making his report to the members of the multi-State co-operative society, make the same to the Central Government. (4) The.....
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