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Start Free TrialBorder Security Force Act, 1968 Section 86
Title: Voting by Members
State: Central
Year: 1968
(1) Subject to the provisions of sub-sections (2) and (3), every decision of a Security Force Court shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. (2) No sentence of death shall be passed by a General Security Force Court without the concurrence of at least two-thirds of the members of the court. (3) In matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.
View Complete Act List Judgments citing this sectionState Agricultural Credit Corporations Act, 1968 Section 16
Title: Directors of Board or Members in a Committee Not to Vote in Certain Cases
State: Central
Year: 1968
.....as the case may be, and no such director or member shall thereafter take any part in any deliberation or decision of the Board or committee with respect to that matter nor shall his presence at such meeting be taken into account for the purpose of determining the quorum for the meeting at the time of such deliberation or voting and if be does vote , his vote shall be void: Provided that nothing contained in this section shall apply to such director or member of a committee by reason only of his being a shareholder holding not more than two per cent.of the paid- up capital in any public company as defined in the Companies Act, 1956, or in any other Corporation established by any law for the time being in force in India or in any co operative society, with which or to which the Corporation has entered into or made , or proposes to enter into or make, a contract, loan, arrangement or proposal.
View Complete Act List Judgments citing this sectionCentral Industrial Security Force Act, 1968 Section 8
Title: Dismissal, Removal, Etc., of Members of the Force
State: Central
Year: 1968
.....thereof, namely:-- (a) fine to any amount not exceeding seven days' pay or reduction in pay scale; (b) drill, extra guard, fatigue or other duty; (c) removal from any office of distinction or deprivation of any special emolument; 2 [(d) withholding of increment of pay with or without cumulative effect; (e) withholding of promotion; (f) censure.] 1. Substituted for the words "suspend" by the Central Industrial Security Force (Amendment) Act (20 of 1989), section 3, (18-5-1989). 2. Inserted by the Central industries Security Force (Amendment and validation) Act 40 of 1999, section 5 w.e.f. 29-12-1999 3. Substituted for "member" by the Central Industrial Security Force (Amendment) Act (14 of 1983), section 13 and Schedule, (15-6-1983).
View Complete Act List Judgments citing this sectionCentral Industrial Security Force Act, 1968 Complete Act
State: Central
Year: 1968
..... SECTION 20: CERTAIN ACTS NOT TO APPLY TO MEMBERS OF THE FORCE - Nothing contained inthe Payment of Wages Act, 1936-, orthe Industrial Diusputes Act, 1947-, orthe Factories Act, 1948-, or any corresponding law relating to investigation and settlement of industrial disputes in force in a State shall apply to members of the Force. SECTION 21: PROTECTION OF ACTS OF OFFICERS AND MEMBERS OF THE FORCE - (1) In any suit or proceeding against any51[x x x] member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority. (2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the51[x x x] member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order. (3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any51[x x x] member of the Force for anything done or intended.....
List Judgments citing this sectionState Agricultural Credit Corporations Act, 1968 Chapter 3
Title: Management of the Corporation
State: Central
Year: 1968
.....or other interest in any matter coming up for consideration at a meeting of the Board or a committee shall, as soon as possible, after the relevant facts or circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure so made shall be recorded in the minutes of the meeting of the Board or of the Committee, as the case may be, and no such director or member shall thereafter take any part in any deliberation or decision of the Board or committee with respect to that matter nor shall his presence at such meeting be taken into account for the purpose of determining the quorum for the meeting at the time of such deliberation or voting and if be does vote , his vote shall be void: Provided that nothing contained in this section shall apply to such director or member of a committee by reason only of his being a shareholder holding not more than two per cent.of the paid- up capital in any public company as defined in the Companies Act, 1956, or in any other Corporation established by any law for the time being in force in India or in any co operative society, with which or to which the Corporation has entered into or made , or.....
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Chapter VII
Title: Procedure of Security Force Courts
State: Central
Year: 1968
.....and of the battalion, unit, or branch of the Force to which they belong. (3) Where a record is made in any battalion book in pursuance of this Act or of any rules made thereunder or otherwise in the discharge of official duties and purports to be signed by the commandant or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any battalion book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this Act, or any unit of the Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commandant of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. (6) Where any person subject to this Act.....
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Complete Act
State: Central
Year: 1968
.....includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action; (k) "enrolled person" means an under-officer or other person enrolled under this Act; (l) "Force" means the Border Security Force; (m) "Force custody" means the arrest or confinement of a member of the Force according to rules; (n) "Inspector-General" means the Inspector-General of the Force appointed under section 5-; (o) "member of the Force" means an officer, a subordinate officer, an under-officer or other enrolled person; (p) "notification" means a notification published in the Official Gazette; (q) "offence" means any act or omission punishable under this Act and includes a civil offence; (r) "officer" means a person appointed or in pay as an officer of the Force, but does rot include a subordinate officer or an under-officer; (s) "prescribed" means prescribed by rules made under this Act: (t) "rule" means a rule made under this Act; (u) "Security Force Court" means a Court referred to in section 64-; (v) "subordinate officer" means a person appointed or in pay as a Subedar-Major, a Subedar or a.....
List Judgments citing this sectionState Agricultural Credit Corporations Act, 1968 Section 15
Title: Meetings of Board and Committees
State: Central
Year: 1968
.....any committee is unable to attend any meeting of the Board or the Committee, as the case may be, the members present at the meeting shall elect one of them to preside at the meeting. (4) If for any reason a director nominated under clause (a), clause (b) or clause (c) of section 9 is unable to attend any meeting of the Board or of any committee if he is a member thereof , the Government or the Reserve Bank by which such director was nominated may depute any other person to attend such meeting and person so deputed shall, for the purposes of the said meeting be deemed to be a director nominated under clause (a), clause (b) or clause (c), as the case may be , of the said section 9 or a member of the committee concerned. (5) All questions which may come up before any meeting of the Board or a committee shall be decided by a majority of votes of the members present, and in the event of an equality of votes, the Chairman of the Board of the Committee, as the case may be , or in his absence the person presiding, shall have a second or casting vote.
View Complete Act List Judgments citing this sectionBorder Security Force Act, 1968 Section 84
Title: Challenge
State: Central
Year: 1968
(1) At all trials by a General Security Force Court or by a Petty Security Force Court, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. (2) If the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the court shall in the absence of the challenged officer decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object. (4) When no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.
View Complete Act List Judgments citing this sectionInsecticides Act, 1968 Section 5
Title: Registration Committee
State: Central
Year: 1968
(1) The Central Government shall constitute a Registration Committee consisting of a Chairman, and not more than five persons who shall be members of the Board (including the Drugs Controller, India and the Plant Protection Adviser to the Government of India) -- (i) to register insecticides after scrutinising their formulae and verifying claims made by the importer or the manufacturer, as the case may be, as regards their efficacy and safety to human beings and animals; and (ii) to perform such other functions as are assigned to it by or under this Act. (2) Where the Chairman is not a member of the Board, his term of office and other conditions of service shall be such as may be determined by the Central Government. (3) Subject to the provisions of sub-section (2), a member of the Registration Committee shall hold office for so long as he is a member of the Board. (4) The Committee may also co-opt such number of experts and for such purpose or period as it may deem fit, but any expert so co-opted shall have no right to vote. (5) The Registration Committee shall regulate its own procedure and the conduct of business to be transacted by it.
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