Bare Act Search Results

Patents Act, 1970 (39 of 1970) Section 15

Title: Power of Controller to Refuse or Require Amended Applications, Etc., in Certain Case

State: Central

Year: 1970

.....may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so."]. ________________________ 1. Substituted by Patents Amendment Act (15 of 2005) for the words: *[15. Power of Controller to refuse or require amended applications in certain cases.-Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may require the application, specification or other document, as the case may be, to be amended to his satisfaction before he proceeds with the applica­tion or refuse the application on failure to do so.] ______________________ * Substituted by Patents (Amdt) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under : "15. Power of Controller to refuse or require amended applications in certain cases.-(1) Where the Controller is satisfied that the application or any specification filed in pursuance.....

Patents Act, 1970 (39 of 1970) Section 65

Title: Revocation of Patent or Amendment of Complete Specification on Directions from Government in Cases Relating to Atomic Energy

State: Central

Year: 1970

.....relating to atomic energy.-(1) Where at any time after acceptance of a complete specification, the Central Government is satisfied that an application for a patent or a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962), it may direct the Controller to refuse to proceed further with the application or to revoke the patent, as the case may be, and thereupon the Controller, after giving notice to the applicant or, as the case may be, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may refuse to proceed further with the application or may revoke the patent. (2) In any proceedings under sub-section (1), the Controller may allow the applicant for the patent or the patentee to amend the complete specification in such manner as he considers necessary instead of refusing to proceed with the application or revoking the patent

Patents Act, 1970 (39 of 1970) Section 26

Title: In Cases of "obtaining" Controller May Treat the Patent as the Patent of Opponent

State: Central

Year: 1970

.....invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section (2) of section 25 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent; (b) a part of an invention described in the complete specification was so obtained from the opponent, he may pass an order requiring that the specification be amended by the exclusion of that part of the invention. (2) Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which.....

Patents Act, 1970 (39 of 1970) Section 86

Title: Power of Controller to Adjourn Applications for Compulsory Licences, Etc., in Certain Cases

State: Central

Year: 1970

.....made thereunder or any order of the Government imposed otherwise than by way of a condition for the working of the invention in the territory of India or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, then, the period of adjournment ordered under this sub-section shall be reckoned from the date on which the period during which the working of the invention was prevented by such Act, rule or regulation or order of Government as computed from the date of the application, expires. (2) No adjournment under sub-section (1) shall be ordered unless the Controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in the territory of India on a commercial scale and to an adequate extent.

Patents Act, 1970 (39 of 1970) Section 104A

Title: Burden of Proof in Case of Suits Concerning Infringement

State: Central

Year: 1970

.....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.] ________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Section 18A

Title: Supersession of Board in Certain Cases

State: Central

Year: 1970

.....Government shall be such as may be specified by the Central Government and be payable by the concerned corresponding new bank. (8) On and before the expiration of two months before expiry of the period of supersession of the Board of Directors as specified in the order issued under subsection (1), the Administrator of the corresponding new bank, shall call the general meeting of the corresponding new bank to elect new directors and reconstitute its Board of Directors. (9) Notwithstanding anything contained in any other law or in any contract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office. (10) The Administrator appointed under sub-section (2) shall vacate office immediately after the Board of Directors of the corresponding new bank has been reconstituted.] ___________________________________________ 1. Inserted by the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006, w.e.f. 16.10.2006.

Contract Labour (Regulation and Abolition) Act, 1970 Section 31

Title: Power to Exempt in Special Cases

State: Central

Year: 1970

The appropriate government may, in the case of an emergency, direct, by notification in the Official Gazette, that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, all or any of the provisions of this Act or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors.

Finance Act 1970 Schedule I

Title: First Schedule

State: Central

Year: 1970

.....company (i) on the income by way of dividends payable by an Indian company as is referred to in clause (a)(i) of sub-section (1) of section 80M of the Income-tax Act 14 per cent. Nil; (ii) on the income by way of dividends payable by any domestic company other than a company referred to in (i) hereinabove 24.5 per cent. Nil; (iii) on the income by way of royalties payable by an Indian concern in pursuance of an agreement made by it with the Indian concern after the 31st day of March, 1961, and which has been approved by the Central Government 50 per cent. Nil; (iv) on the income by way of fees payable by an Indian concern for rendering technical services in pursuance of an agreement made by it with the Indian concern after the 29th day of February, 1964, and which has been approved by the Central Government 50 per cent. Nil; (v) on the income by way of interest payable on a tax free security 44 per cent. Nil; (vi) on any other income 70 per cent. Nil. Part III Rates.....

Contract Labour (Regulation and Abolition) Act, 1970 Complete Act

State: Central

Year: 1970

.....in this behalf, (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948)-, the person so named, (iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any person responsible for the supervision and control of the establishment. (h) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936)-; (i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person- (A) who is employed mainly in a managerial or administrative capacity ; or (B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial.....

Patents Act, 1970 Complete Act

State: Central

Year: 1970

PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (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 : Provided that 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 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....