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Start Free TrialMines Act, 1952 Section 76
Title: Determination of Owner in Certain Cases
State: Central
Year: 1952
.....company, any of its directors or managers, 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 owner of the mine for the purposes of this Act, such partner, member, director or manager, 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 owner of the mine for the purposes of this Act unless a notice in writing cancelling his nomination or starting that he has ceased to be a partner, member, director or manager, as the case may be, is received by the Chief Inspector, Explanation.--Where a firm, association or company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this proviso in relation to different establishment or branches or units and the person so nominated shall, with respect only to the establishment, branch or unit in relation to which he has been nominated, be deemed to be the owner of the.....
View Complete Act List Judgments citing this sectionMines Act, 1952 Section 77
Title: Exemption of Owner, Agent or Managerfrom Liability in Certain Cases
State: Central
Year: 1952
.....case; and if, after the commission of the offence has been proved, the owner, agent or manager of the mine, as the case may be, proves to the satisfaction of the court-- (a) that he has used due diligence to enforce the execution of the relevant provisions of this Act, and (b) that the other person committed the offence in question without his knowledge, consent or connivance, the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the owner, agent or manager of the mine, and the owner, agent or manager, as the case may be, shall be acquitted: Provided that-- (a) the owner, agent or manager of the mine, as the case may be, may be examined on oath and his evidence and that of any witness whom he calls in support shall be subject to cross-examination by or on behalf of the person he alleges as the actual offender and by the prosecutor; (b) if inspite of due diligence the person alleged as the actual offender cannot be brought before the court on the date appointed for the hearing of the case, the court shall adjourn the hearing thereof from time to time so however, that the total period of such adjournments does.....
View Complete Act List Judgments citing this sectionDelhi and Ajmer Rent Control Act, 1952 [Repealed] Section 8
Title: Cases in Which Standard Rent May Be Fixed by Court
State: Central
Year: 1952
.....similar premises in the same locality and other circumstances of the case. (4) In fixing the standard rent of any premises under clause (b) of sub-section (1), the court shall fix an amount which appears to it to be reason able and no standard rent so fixed shall exceed seven and one-half per cent.of the reasonable cost of construction of such premises. Explanation.-For the purposes of this sub-section, the "cost of construction", in respect of any premises, includes the market value of the land comprised in the premises at the time of the completion of such construction. (5) The standard rent shall in all cases be fixed as for a tenancy of twelve months: Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months. (6) Where the court determines the standard rent of any premises under this section, the court shall determine the standard rent of the premises in an unfurnished state, and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the.....
View Complete Act List Judgments citing this sectionCinematograph Act, 1952 Section 13
Title: Power of Central Government or Local Authority to Suspend Exhibition of Films in Certain Cases
State: Central
Year: 1952
.....that any film which is being publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the film and during such suspension the film shall be deemed to be an uncertified film in the State, part or district, as the case may be. (2) Where an order under sub-section (1) has been issued by the Chief Commissioner or a District Magistrate, as the case may be, a copy thereof, together with a statement of reasons therefore, shall forthwith be forwarded by the person making the same to the Central Government, and the Central Government may either confirm or discharge the order. (3) An order made under this section shall remain in force for a period of two months from the date thereof, but the Central Government may, if it is of opinion that the order should continue in force, direct that the period of suspension shall be extended by such further period as it thinks fit. ___________________ 1. Substituted by Act 58 of 1960, section 3 and Schedule II, for "whole Part C State or any part thereof.
View Complete Act List Judgments citing this sectionEmployees Provident Fund & Miscellaneous Provisions Act 1952 Section 17B
Title: Liability in Case of Transfer of Establishment
State: Central
Year: 1952
1[17B. Liability in case of transfer of establishment Where an employer, in relation to an establishment, transfers that establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the contribution and other sums due from the employer under any provision of this Act or the Scheme or2[the3[Pension] Scheme or the Insurance Scheme], as the case may be, in respect of the period up to the date of such transfer: Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer.] _________________________ 1. Inserted by Act 40 of 1973, section 8 (w.e.f. 1-11-1973). 2. Substituted by Act 99 of 1976, section 31, for "the Family Pension Scheme" (w.e.f. 7-9-1976). 3. Substituted by Act 25 of 1996, section 4, for "Family Pension" (w.r.e.f. 16-11-1995).
View Complete Act List Judgments citing this sectionMines Act, 1952 Section 3
Title: Act Not to Apply in Certain Cases
State: Central
Year: 1952
.....contained in sub-section (2), if at any time any of the conditions specified in the proviso to clause (a) or clause (b) of sub-section (1) is not fulfilled in relation to any mine referred to in that sub-section, the provisions of this Act not set out in sub-section (1), shall become immediately applicable, and it shall be the duty of the owner agent or manager of the mine to inform the prescribed authority in the prescribed manner and within the prescribed time about the non-fulfilment.] ________________________ 1. Substituted by Act 62 of 1959, section 3, for section 3 (w.e.f. 16-1-1960). 2. Substituted by Act 42 of 1983, section 3 for "sections 7 ,8, 9, 44, 45 and 46" (w.e.f. 31-5-1984). 3. Inserted by Act 42 of 1983, section 3 (w.e.f. 31-5-1984).
View Complete Act List Judgments citing this sectionMines Act, 1952 Section 22A
Title: Power to Prohibit Employment in Certain Cases
State: Central
Year: 1952
.....and the owner, agent or manager shall be liable for payment of such full wages of that person : Provided that the owner, agent or manager may, instead of paying such full wages, provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited under sub-section (2). (4) The provisions of sub-sect ions (5), (6) and (7) of section 22 shall apply in relation to a notice issued under sub-section (1) or an order made under sub-section (2) of this section as they apply in relation to a notice under sub-section (1) or an order under sub-section (1 A) of that section.] ____________________ 1. Substituted by Act 42 of 1983, section 16, (w.e.f. 31-5-1984).
View Complete Act List Judgments citing this sectionMines Act, 1952 Section 81
Title: Reference to Mining Board or Committeein Lieu of Prosecution in Certain Cases
State: Central
Year: 1952
(1) If the court trying any caseinstituted at the instance of the Chief Inspector or of the district magistrateor of an Inspector under this Act is of opinion that the case is one whichshould, in lieu of a prosecution, be referred to 1 [** *] a Committee it may stay the criminal proceedings, and report the matter tothe Central Government with a view to such reference being made. (2) On receiptof a report under sub-section (1), the Central Government may refer the case to 1 [* * *] a Committee, or maydirect the court to proceed with the trial. ______________________ 1.Certain wordsomitted by Act 42 of 1983, section 45 (w.e.f. 31-5-1984).
View Complete Act List Judgments citing this sectionCommissions of Inquiry Act, 1952 Section 6A
Title: Persons Not Obliged to Disclose Secret Process of Manufacture of Goods in Certain Cases
State: Central
Year: 1952
[6A. Persons not obliged to disclose secret process of manufacture of goods in certain cases1 Except in cases where a Commission is expressly required to inquire into the process of manufacture of any goods, nothing in this Act shall be deemed to compel any person giving evidence before the Commission to disclose any secret process of manufacture thereof.] ______________________ 1. Inserted by Act 79 of 1971, section 9.
View Complete Act List Judgments citing this sectionEmployees Provident Fund & Miscellaneous Provisions Act 1952 Section 14AA
Title: Enhanced Punishment in Certain Cases After Previous Conviction
State: Central
Year: 1952
1[14AA. Enhanced punishment in certain cases after previous conviction Whoever, having been convicted by a court of an offence punishable under this Act, the Scheme or2[the3[Pension] Scheme or the Insurance Scheme], commits the same offence shall be subject for every such subsequent offence to imprisonment for a term which may extend to4[five years, but which shall not be less than two years, and shall also be liable to a fine of twenty-five thousand rupees]. ________________________ 1. Inserted by Act 40 of 1973, section 5. 2. Substituted by Act 99 of 1976, section 31, for "the Family Pension Scheme" (w.e.f. 7-9-1976). 3. Substituted by Act 25 of 1996, section 4, for "Family Pension" (w.r.e.f. 16-11-1995). 4. Substituted by Act 33 of 1988, section 19, for certain words (w.e.f. 1-8-1988).
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