Title : Power to Search Suspected Persons and to Seize Documents
State : Central
Year : 1973
(1) If any officer of Enforcement authorised in this behalf by the Central Government, by general or special order, has reason to believe that any person has secreted about his person or in anything under his possession, ownership or control any documents which will be useful for, or relevant to, any investigation or proceeding under this Act, he may search that person or such thing and seize such documents. (2) When any officer of Enforcement is about to search any person under the provisions of this section, the officer of Enforcement shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of Enforcement superior in rank to him or a magistrate. (3) If such requisition is made, the officer of Enforcement may detain the person..... View Complete Act List Judgments citing this sectionTitle : Power to Arrest
State : Central
Year : 1973
( 1 ) If any officer of Enforcement authorised in this behalf by the Central Government, by general or special orders has reason to believe that any person in India or within the Indian customs waters has been guilty of an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform hi m of the grounds for such arrest. ( 2 ) Every person arrested under sub-section ( 1 ) shall without unnecessary delay, be taken to a magistrate. ( 3 ) Where any officer of Enforcement has arrested any person under sub-section ( 1 ), he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officer-in-charge of a police station has, and is subject to, under the1[Code of Criminal..... View Complete Act List Judgments citing this sectionTitle : Power to Summon Persons to Give Evidence and Produce Documents
State : Central
Year : 1973
(1) Any Gazetted Officer of Enforcement shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document during the course of any investigation or proceeding under this Act. (2) A summon to produce documents may be for the production of certain specified documents or for the production of all documents of a certain description in the possession or under the control of the person summoned. (3) All persons so summoned shall be bound to attend either in person or by authorised agents, as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents as may be required: Provided that the exemption under..... View Complete Act List Judgments citing this sectionTitle : Contracts in Evasion of the Act
State : Central
Year : 1973
(1) No person shall enter into any contract or agreement which would directly or indirectly evade or avoid in any way the operation of any provision of this Act or of any rule, direction or order made thereunder. (2) Any provision of, or having effect under, this Act that a thing shall not be done without the permission of the Central Government or the Reserve Bank, shall not render invalid any agreement by any person to do that thing, if it is a term of the agreement that that thing shall not be done unless permission is granted by the Central Government or the Reserve Bank, as the case may be; and it shall be an implied term of every contract governed by the law of any part of India that anything agreed to be done by any term of that contract which is prohibited to be done by or..... View Complete Act List Judgments citing this sectionTitle : Power to Adjudicate
State : Central
Year : 1973
For the purpose of adjudging under section 50 whether any person has committed a contravention of any of the provisions of this Act (other than those referred to in that section) or of any rule, direction or order made thereunder, the adjudicating officer shall hold an inquiry in the prescribed manner after giving that person a reasonable opportunity for making a representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty as he thinks fit in accordance with the provisions of that section. View Complete Act List Judgments citing this sectionTitle : Accounts to Be Rendered by the Owners of Sick Textile Undertakings
State : Central
Year : 1974
(1) Where in pursuance of any decree, order or injunction of a Court or otherwise, the Central Government or the Custodian was prevented from taking over the management of any sick textile undertaking, the owner of such sick textile undertaking shall, (a) in the case of an undertaking the management of which was subsequently taken over by the Central Government at any time before the date on which the Ordinance was promulgated within sixty days from such date; or (b) in the case of any other sick textile undertaking, the management of which could not be taken over by the Central Government before the date on which the Ordinance was promulgated, within sixty days from such date. render accounts in relation to the period commencing on the date of the notified order under the..... View Complete Act List Judgments citing this sectionTitle : Employment of Certain Employees to Continue
State : Central
Year : 1974
(1) Every person who is a workman within the meaning of the Industrial Disputes Act, 1947, and has been immediately before the appointed day, employed in a sick textile undertaking shall become, on and from the appointed day, an employee of the National Textile Corporation, and shall hold office or service in the National Textile Corporation with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such sick textile undertaking had not been transferred to, and vested in. the National Textile Corporation, and shall continue to do so unless and until his employment in the National Textile Corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the..... View Complete Act List Judgments citing this sectionTitle : Offences by Companies
State : Central
Year : 1974
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been..... View Complete Act List Judgments citing this sectionTitle : Power to Make Rules
State : Central
Year : 1974
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : (a) the time within which the manner in which an intimation referred to in sub-section (4) of section 4 shall be given; (b) the manner in which monies in any provident or other fund referred to in section 15 shall be dealt with; (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be . after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one..... View Complete Act List Judgments citing this sectionTitle : Money-changers
State : Central
Year : 1973
(1) The Reserve Bank may, on an application made to it in this behalf, authorise any person to deal in foreign currency. (2) An authorisation under (his section shall be in writing and- (i) may authorise dealings in all foreign currencies or may be restricted to authorising dealings in specified foreign currencies only; (ii) may authorise transactions of all descriptions in foreign currencies or may be restricted to authorising specified transactions only; (iii) may be granted with respect to a particular place where alone the moneychanger shall carry on his business; (iv) may be granted to be effective for a specified period, or within specified amounts; (v) may be granted subject to such conditions as may be specified therein. (3) Any authorisation granted under..... View Complete Act List Judgments citing this section