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Start Free TrialPayment of Wages Act, 1936 Section 21
Title: Procedure in Trial of Offences
State: Central
Year: 1936
.....shall take cognizance of a complaint against any person for an offence under sub-section (1) of section 20 unless an application in respect of the facts constituting the offence has been presented under section 15 has been granted wholly or in part and the authority empowered under the latter section or the Appellate Court granting such application has sanctioned the making of the complaint. (2) Before sanctioning the making of a complaint against any person for an offence under sub-section (1) of section 20, the authority empowered under section 15 or the Appellate Court, as the case may be, shall give such person an opportunity of showing cause-against the granting of such sanction, and the sanction shall not be granted if such person satisfies the authority or Court that his default was due to- (a) a bona fide error or bona fide dispute as to the amount payable to the employed person, or (b) the occurrence of an emergency or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or (c) the failure of the employed person to apply for or accept.....
View Complete Act List Judgments citing this sectionPayment of Wages Act, 1936 Section 15
Title: Claims Arising out of Deductions from Wages or Delay in Payment of Wages and Penalty for Malicious or Vexatious Claims
State: Central
Year: 1936
.....special order, provide for the distribution or allocation of work to be performed by them under this Act.]] ____________________ * Inserted by Act 53 of 1964, section 13 w.e.f. 1-2-1965. ** Substituted by Act 53 of 1964, section 13, for "of persons employed or paid in that area" w.e.f. 1-2-1965. 2. Substituted by Act 53 of 1964, section 13, for "six months" w.e.f. 1-2-1965. 3. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and *[not exceeding twenty-five rupees in the latter, and even if the amount deducted.....
View Complete Act List Judgments citing this sectionBengal Agricultural Debtors Act, 1936 Complete Act
State: West Bengal
Year: 1936
.....of Schedule I to the Bengal Public Demands Recovery Act, 1913, or any sum 1010. Words subst. by the Adaptation of Laws Order. 1950. [any provincial Act or Act of the State Legislature], for the time being in force, relating to co-operative societies to be recovered as a contribution to the assets of a co-operative society or as the cost of liquidation thereof; (v) any amount a suit or application for the recovery of which is barred 1111. Subst. by Ben Act 8 of 1940 [by limitation, or which is otherwise irrecoverable under the law;] (vi) any debt due to any bank included in the Second Schedule to the Reserve Bank of India Act, 1934; (vii) any tax or rate due to a Municipality or Union Board or Union Committee; (9) "debtor" means a debtor whose primary means of livelihood is agriculture and who (a) is a raiyat or an under-raiyat, or (b) cultivates land himself or by members of his family or by hired labourers or by adhiars, bargadars or bhagdars; and includes a group of persons who join in making an application under the provisions of sub-section (1) of section 9 1212. Inst. by Ben. Act 2 of 1942. [and any person who, by virtue of provisions of sub-section (7) of section 37A.....
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Complete Act
State: Central
Year: 1936
.....certificate was defective, irregular or incorrect. "Clause 17.- This new clause lays down general principles on which most discreet Judges would act and have acted." CHAPTER III- PARSI MATRIMONIAL COURTS SECTION 18: CONSTITUTION OF SPECIAL COURTS UNDER THE ACT For the purpose of hearing suits under this Act, a special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay, and in such other places in the territories of the several[State Governments] as such Governments respectively shall think fit. SECTION 19: PARSI CHIEF MATRIMONIAL COURTS The Court so constituted in each of the Presidency towns shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be. The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The Chief Justice of the High Court or such other Judge of the same Court, as the Chief Justice shall from time to time appoint, shall be the Judge of such Matrimonial Court, and, in the trial of cases under this Act, he shall be aided14[by five delegates, except in.....
List Judgments citing this sectionThe Payment of Wages Act, 1936 Complete Act
State: Central
Year: 1936
....."employer" includes the legal representative- of a deceased employer; (ib) "factory" means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948), and includes any place to which the provisions of that Act have been applied under sub-section (1) of Section 85 thereof] 2 [(ii) (industrial or other establishments) means any 3 [(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward; (aa) air transport service other than such service belonging to or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India]; (b) dock, wharf or jetty; 4 [(C) inland vessel, mechanically propelled] (d) mine, quarry or oil-field; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale; 5 [(g) establishment in which any work relating to the construction, development. or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or to the supply of water, or relating to the.....
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Part II
Title: Marriages Between Parsis
State: Central
Year: 1936
.....for the offence of marrying again during the lifetime of a husband or wife. Section 6 - Certificate and registry of marriage Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule II. The certificate shall be signed by the said priest, the contracting parties,1[***], and two witnesses present at the marriage; and the said priest shall thereupon send such certificate together with a fee of two rupees to be paid by the husband to the Registrar of the place at which such marriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be kept by him for that purpose and shall be entitled to retain the fee. ____________________________ 1. The words "or their fathers or guardians when they shall not have completed the age of twenty-one years" omitted by the Parsi Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988. Section 7 - Appointment of Registrar For the purposes of this Act a Registrar shall be appointed.Within the local limits of the ordinary original civil jurisdiction of a High Court, the.....
View Complete Act List Judgments citing this sectionPayment of Wages Act, 1936 Section 1
Title: Short Title, Extent, Commencement and Application
State: Central
Year: 1936
.....may by notificationin the Official Gazette, appoint. (4) It applies in thefirst instance to the payment of wages to persons employed inany 4 [factory,to persons] employed (otherwise than in a factory) upon any railway by a railwayadministration or, either directly or through a sub-contractor, by a person fulfillinga contract with a railway administration, 5 [andto persons employed in an industrial or other establishment specified insub-clauses (a) to (g) of clause (ii) of section2]. (5) The [stateGovernment] may, after giving three months' notice of its intention ofso doing, by notification in the Official Gazette, extend the provisions of 6 [thisAct] or any of them to the payment of wages to any class of personsemployed in 7 [any establishmentor class of establishments specified by 8 [appropriategovernment] under sub-clause (h) of clause (ii) of section 2]: 9 [Providedthat in relation to any such establishment owned by the Central Governmentno such notification shall be issued except with the concurrence of that Government.] 10 (6) This Act applies to wages payable to an employed person in respect of awage period if such wages for that wage period do not exceed six.....
View Complete Act List Judgments citing this sectionPayment of Wages Act, 1936 Section 20
Title: Penalty for Offences Under the Act
State: Central
Year: 1936
.....of wages toan employed person contravenes any of the provisions of any ofthe following section, namely, 1 [section5 except sub-section (4) thereof, section 7, section 8 except sub-section(8) thereof, section 9, section 10 except sub-section (2) thereof, and sections11 to 13], both inclusive, shall be punishable [with fine 2 [withfine which shall not be less thanone thousand five hundred rupees but which may extend to seven thousand fivehundred rupees]. (2) Whoever contravenes the provisions of section 4, 3 [sub-section(4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) ofsection 10] or section 25 shall be punishable [with fine which may extend to 4 [threethousand seven hundred fifty rupees]. 5 (2A) Whoever being required to nominate or designate a person undersection 3 fails to do so, such person shall be punishable with fine which may extend to three thousandrupees."; 6 [(3)Whoever being required under this Act to maintain any records or registers orto furnish any information or return- (a) fails to maintain such register or record; or (b) wilfully refuses orwithout lawful excuse neglects to furnish such information or return;or (c) wilfully.....
View Complete Act List Judgments citing this sectionThe Bombay Opium Smoking Act, 1936 Complete Act
State: Maharashtra
Year: 1936
THE BOMBAY OPIUM SMOKING ACT, 1936 THE BOMBAY OPIUM SMOKING ACT, 1936 BOMBAY ACT No. XX OF 1936 [ December,1936] Adapted and modified by the Adaptation of Indian Laws Order in Council. An Act 4[to prohibit the smoking of opium] and to prevent the assembling of person for the purpose of such smoking in the [State of Bombay.] WHEREAS it is expedient 6 prohibit the smoking of opium] and to prevent the assembling of persons for such smoking in 7[the State of Bombay] in the manner hereinafter appearing 8[* * * * *]; It is hereby enacted as follows: 2. This Act has been repealed and re-enacted and the Amendments made by section 9 and Schedule E of the said Act were continued in force by Born. 52 of 1947, S.2. 3. This indicates the date of commencement of Act. 4. These words were substituted for the words, "to provide for the control of the practice of opium smoking" by Born. XIX of 1959, S.3. 5. These words were substituted for the words "Presidency of Bombay", ibid. 6. These words were substituted for the words, "To control the practice of opium smoking" ibid., S. 4. 7. These words were substituted for the words "Presidency of Bombay," ibid. 8. The portion beginning with.....
List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Amending Act 1
Title: Parsi Marriage and Divorce (Amendment) Act, 1988
State: Central
Year: 1936
.....Gazette, appoint. 2. Amendment of section 3- In the Parsi Marriage and Divorce Act, 1936 (3 of 1936) (hereinafter referred to as the principal Act), section 3 shall be re-numbered as sub-section (1) thereof, and -- (a) in sub-section (1) as so re-numbered, for clause (c), the following clause shall be substituted, namely :-- "(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed twenty-one years of age, fund if a female, has not completed eighteen years of age."; (b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :-- "(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.". 3. Amendment of section 6- In section 6 of the principal Act, the words ", or their fathers or guardians when they shall not have completed the age of twenty-one years," shall be omitted. 4. Amendment of sections 19 and 20- In sections 19 and 20 of the principal Act, for the words "by seven delegates", the following.....
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