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Start Free TrialCoal Mines Provident Fund and Miscellaneous Provisions Act, 1948 Section 10B
Title: Determination of Employer in Certain Cases
State: Central
Year: 1948
.....the case of a company, any of its directors, who is resident in each case in any place to which this Act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in, such firm, association or company, to assume the responsibility of the employer for the purposes of this Act or of any scheme framed thereunder, such partner, member or director, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the employer for the purposes of this Act or any scheme framed thereunder, unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member or director, as the case may be, is received by the Coal Mines Provident Fund Commissioner or any officer specified by the Central Government in this behalf. (2) Where the employer is a Government or any local authority, all or any of the officers or persons authorised by such Government or local authority, as the case may be, to manage the affairs of the coal mine, shall notwithstanding anything to the contrary contained in any law or contract for the.....
View Complete Act List Judgments citing this sectionPunjab General Sales Tax Act, 1948 [Repealed] Section 22
Title: Statement of Case to High Court
State: Central
Year: 1948
.....its judgement thereon containing the grounds on which such decision is founded and shall send to the Tribunal a copy of such judgement under the seal of the Court and the signature of the registrar, and the Tribunal shall dispose of the case accordlnely. 6. Where a reference is made to the High Court under this section, the cost (including the disposal of the fee) shall be in the discretion of the court. 7. The payment of the amount, if any, of the tax due in accordance with the order of the Tribunal in respect of which an application has been made under sub-section (1), shall not be stayed pending the disposal of such application or any reference made in consequence thereof, but if such amount is reduced as the result of such reference, the excess tax paid shall be refunded in accordance with the provision of section 12.
View Complete Act List Judgments citing this sectionBombay Children Act, 1948, (Maharashtra) Section 13
Title: Adult to Be Committed to Sessions in a Case to Be Committed to Sessions
State: Maharashtra
Year: 1948
In the trial of a case in which a child is being tried together with an adult in accordance with the provisions of this Act, if the Magistrate trying the case comes to the conclusion that the case is a fit one for committal to the court of session, he shall separate the case in respect of the child from that in respect of the adult and shall direct the adult alone to be committed to the court of sessions for trial and shall proceed with the trial of the case in respect of the child notwithstanding anything in the Code of Criminal Procedure, 18981, or any other law for the time being in force. _________________ 1 See now the Code of Criminal Procedure, 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionFactories Act, 1948 Section 38
Title: Precautions in Case of Fire
State: Central
Year: 1948
.....a fire, and (b) the necessary equipment and facilities for extinguishing fire. ( 2 ) Effective me asures shall be taken to ensure that in every factory all the workers are familiar with t he me ans of escape in case of fire and have been adequately trained in the routine to be foll o wed in such cases. ( 3 ) The State Government may make rules, in respect of any factory or class or description of factories, requiring the me asures to be adopted to give effect to the provisions of sub-section (1) and ( 2 ). ( 4 ) Notwithstanding anything contained in clause (a) of sub-section ( 1 ) or sub ? section ( 2 ), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the me asures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub-section ( 1 ) or sub-section( 2 ) . a re inadequate, he may, by order in writing, require that such additional me asures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order.] .....
View Complete Act List Judgments citing this sectionFactories Act, 1948 Section 101
Title: Exemption of Occupier or Manager from Liability in Certain Cases
State: Central
Year: 1948
.....the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court-- (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the occupier or manager cannot be brought before the Court at the time appointed for hearing the charge,.....
View Complete Act List Judgments citing this sectionBOMBAY CHILDREN ACT, 1948, (Maharashtra) Section 23
Title: Prohibition on publication of names, addresses, etc., of children involved in cases or proceeding's under any Act
State: Maharashtra
Year: 1948
Prohibition on publication of names, addresses, etc., of children involved in cases or proceeding's 1[under any Act] No report in any newspaper, magazine or news-sheet of any case or proceeding in any court 2[under any Act,] in which a child is involved shall disclose the name, address or school or include any particulars calculated to lead to the identification of any such child, nor shall any picture be published as being or including a picture of any such child : Provided that, for reasons to be recorded in writing the court trying the case or holding the proceeding may permit the disclosure of any such report, if in its opinion such disclosure is in the interests of child welfare and is not likely to affect adversely the interests of the child concerned. _________________ 1. These words were substituted for the words "under the Act" by Mah. 54 of 1975, section 9(d). 2. These words were substituted for the words "under this Act", ibid., section 9(a).
View Complete Act List Judgments citing this sectionBombay Children Act, 1948, (Maharashtra) Section 24
Title: Provisions of Criminal Procedure Code, 1898, to Apply to Trial of Cases and Conduct of Proceedings Under the Act Unless Excluded
State: Maharashtra
Year: 1948
Except as expressly provided under this Act or the rules made thereunder, the procedure to be followed in the trial of cases and the conduct of proceedings under this Act shall be in accordance with the provisions of the Code of Criminal Procedure, 1898.1 NOTES A Magistrate of the First Class exercising the powers of a Juvenile Court, under the Act. is competent to try a case against the accused who is a child within the meaning of the Act. even though the offence may be one exclusively tribal under Cr. P. C. by the Court of Session.--1961 (2) Cri. L. J. 227 : (1961) 2 Guj. L. R. 218. He is also competent to try accused in absence of Juvenile Court in view of the section of the Act.--Kisan Jaganaji v. State of Maharashtra, 1966 Mah. L. J. (NOC) 32. In a joint case of adult and child, which is exclusively triable by the Court of Sessions, there is no separate inquiry procedure for the purpose of committal for trial before the Court of Sessions being prescribed by the Bombay Children Act. 1948. 1960 Mah. L. J. (Revenue) 825; 1960 Cri. L. J. 493 : AIR 1960 Mys. 71. _________________ 1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionBombay Children Act, 1948, (Maharashtra) Section 11
Title: Procedure in Appealable Summons Cases to Be Followed by Juvenile Courts and Magistrates Courts in Trials of Children
State: Maharashtra
Year: 1948
A juvenile court and in a case in which a child is not being tried jointly with an adult, a Magistrate empowered under section 8 to exercise the powers of a juvenile court shall, as far as practicable and subject to the provisions of this Act, follow the procedure provided by the Code of Criminal Procedure, 18981, for summary trials in summons cases in which an appeals lies. ________________ 1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionFactories Act, 1948 Section 90
Title: Power to Direct Enquiry into Cases of Accident or Disease
State: Central
Year: 1948
.....occurring in a factory or into any case where a disease specified in 1 [the Third Schedule] has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860). (3) The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and addition any observations which he or any of the assessors may think fit to make. (4) The State.....
View Complete Act List Judgments citing this sectionFactories Act, 1948 Section 81
Title: Payment in Advance in Certain Cases
State: Central
Year: 1948
A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed.
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