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Patents Act, 1970 (39 of 1970) Chapter I

Title: Preliminary

State: Central

Year: 1970

.....of this Act shall be construed as a reference to the coming into force of that provision. __________________________ 1 . The provisions of this Act, other than sections 12(2), 13(2), 28, 68 and 125 to 132 came into force on 20-4-1972, vide S.O. 300(E), dated 20th April, 1972, published in Gazette of India, Extra., pt., II, section. 3(ii), pg.735. Sections 12(2), 13(2), 28, 68 and 125 to 132 came into force on 1st April, 1978, vide S.O. 799, dated 10th March, 1978, published in Gazette of India, Pt. II, section. 3(ii), pg. 764. Section 2 - Definitions and interpretation (1) In this Act, unless the context otherwise requires,- 1 [(a) "Appellate Board" means the Appellate Board referred to in section 116; 1[(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;] 2 [(aba) "Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified.....

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Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Complete Act

State: Central

Year: 1970

.....by him in this behalf realise any asset and discharge any liability of the existing bank. (4) Unless otherwise expressly provided by this Act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the commencement of this Act and to which the existing bank is a party or which are in favour of the existing bank shall be of full force and effect against or in favour of the corresponding new bank. and may be enforced or acted upon as fully and effectually as if in the place of the existing bank the corresponding new bank had been a party thereto or as if they had been issued in favour ot the corresponding new' bank. (5) If, on the appointed day. any suit. appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under Section 4-, is pending by or against the existing bank the same shall not abate, be discontinued or be. in any way, prejudicially affected by reason of the transfer of the undertaking of the existing bank or of anything contained in this Act but the suit, appeal or other.....

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Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Chapter 4

Title: Management of Corresponding New Banks

State: Central

Year: 1970

.....of clause (i), not more than six Directors to be nominated by the Central Government; 12 [(i) where the capital issued under clause (c) of sub-section (2B) of section 3 is -- (I) not more than sixteen per cent. of the total paid-up capital, one director; (II) more than sixteen per cent. but not more than thirty-two per cent. of the total paid-up capital, two directors; (III) more than thirty-two per cent. of the total paid-up capital, three directors, to be elected by the shareholders, other than the Central Government, from amongst themselves: Provided that on the assumption of charge after election of any such director under this clause, equal number of directors nominated under clause (h) shall retire in such manner as may be specified in the scheme: Provided further that in case the number of directors elected, on or before the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006, in a corresponding new bank exceed the number of directors specified in sub-clause (I) or sub-clause (II) or sub-clause (III), as the case may be, such excess number of directors elected before such.....

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Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Section 9

Title: Power to Central Government to Make Scheme

State: Central

Year: 1970

.....of clause (i), not more than six Directors to be nominated by the Central Government; 12 [(i) where the capital issued under clause (c) of sub-section (2B) of section 3 is -- (I) not more than sixteen per cent. of the total paid-up capital, one director; (II) more than sixteen per cent. but not more than thirty-two per cent. of the total paid-up capital, two directors; (III) more than thirty-two per cent. of the total paid-up capital, three directors, to be elected by the shareholders, other than the Central Government, from amongst themselves: Provided that on the assumption of charge after election of any such director under this clause, equal number of directors nominated under clause (h) shall retire in such manner as may be specified in the scheme: Provided further that in case the number of directors elected, on or before the commencement of the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006, in a corresponding new bank exceed the number of directors specified in sub-clause (I) or sub-clause (II) or sub-clause (III), as the case may be, such excess number of directors elected before such.....

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Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Chapter 5

Title: Miscellaneous

State: Central

Year: 1970

.....not disclose any matters which are by the provisions of the Banking Regulation Act, 1949 (10 of 1949), read with the relevant provisions of this Act or any other Act, not required to be disclosed. Explanation II: For the purposes of this Act the accounts of the corresponding new bank shall to be deemed as having not been properly drawn up on the ground merely that they do not disclose certain matters if,- (i) those matters are such as the corresponding new bank is, by virtue of any provision contained in the Banking Regulation Act, 1949 (10 of 1949), read with the relevant provision of this Act, or any other Act, not required to disclose, and (ii) the provisions referred to in clause (i) are specified in the balance sheet and profit and loss account of the corresponding new bank or in the Auditor's report.] (5) The report of the Auditor shall be verified, signed and transmitted to the Central Government. (6) The Auditor shall also forward a copy of the audit report to the corresponding new bank and to the Reserve Bank. (7) After making provision for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation funds and all other.....

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Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Section 10

Title: Closure of Accounts and Disposal of Profits

State: Central

Year: 1970

.....of the corresponding new bank, and in case he had called for any explanation or information, whether it has been given and whether it is satisfactory; (b) whether or not the transactions of the corresponding new bank, which have come to his notice, have been within the powers of that bank; (c) whether or not the returns received from the offices and branches of the corresponding new bank have been found adequate for the purpose of his audit; (d) whether the profit and loss account shows a true balance of profit or loss for the period covered by such account; and (e) any other matter which he considers should be brought to the notice of the Central Government. 3 [Explanation I: For the purposes of this Act- (a) the balance sheet shall not be treated as not disclosing a true and fair view of the affairs of the corresponding new bank, and (b) the profit and loss account shall not be treated as not showing a true balance of profit or loss for the period covered by such account, merely by reason of the fact that the balance sheet or, as the case may be, the profit and loss account, does not disclose any matters which are by the provisions of the Banking.....

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Contract Labour (Regulation and Abolition) Act, 1970 Chapter I

Title: Preliminary

State: Central

Year: 1970

.....establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor; (d) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; (e) "establishment" means- (i) any office or department of the government or a local authority, or (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (f) "prescribed" means prescribed by rules made under this Act; (g) "principal employer" means- (i) in relation to any office or department of the government or a local authority, the head of that office or department or such other officer as the government or the local authority; as the case may be, may specify 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,.....

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Contract Labour (Regulation and Abolition) Act, 1970 Section 2

Title: Definitions

State: Central

Year: 1970

.....establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor; (d) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; (e) "establishment" means- (i) any office or department of the government or a local authority, or (ii) any place where any industry, trade, business, manufacture or occupation is carried on; (f) "prescribed" means prescribed by rules made under this Act; (g) "principal employer" means- (i) in relation to any office or department of the government or a local authority, the head of that office or department or such other officer as the government or the local authority; as the case may be, may specify 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,.....

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Contract Labour (Regulation and Abolition) Act, 1970 Chapter VI

Title: Penalties and Procedure

State: Central

Year: 1970

.....of individuals; and (b) "director", in relation to a firm, means a partner in the firm. Section 26 - Cognizance of offences No court shall take cognizance of any offence under this Act except on a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act. Section 27 - Limitation of prosecutions No court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: Provided that where the offence consists of disobeying a written order made by an inspector, complaint, thereof may be made within six months of the date on which the offence is alleged to have been committed.

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Contract Labour (Regulation and Abolition) Act, 1970 Section 22

Title: Obstructions

State: Central

Year: 1970

(1) Whoever obstructs an inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. (2) Whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to five hundred rupees, or with both.

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