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Home Bare Acts Phrase: essential characteristicsProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter III
Title: Registration of Plant Varieties and Essentially Derived Variety
State: Central
Year: 2001
.....that a trial of a new variety which has not been sold or otherwise disposed of shall not affect the right to protection: Provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety; (b) distinct, if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of the application. Explanation.-- For the removal of doubts, it is hereby declared that the filing of an application for the granting of a beerder's right to a new variety or for entering such variety in the official register of varieties in any convention country shall be deemed to render that variety a matter of common knowledge from the date of the application in case the application leads to the granting of the breeder's right or to the entry of such variety in such official register, as the case may be; (c) uniform, if subject to the variation that may be expected from the.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 6A
Title: Confiscation of Essential Commodity
State: Central
Year: 1955
.....or not the prosecution is instituted for the contravention of such order and the Collector, if satisfied that there has been a contravention of the order, may order confiscation of-- (a) the essential commodities so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that, without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from producer shall, if the seized foodgrains or edible oil-seeds have been produced by him, be confiscated under this section. (2) Where the Collector, on receiving a report of seizure or in inspection of any essential commodity under sub-section (1), is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise, expedient in the public interest so to do, he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force. (3) In the case of foodgrains, where there is.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 3
Title: Powers to Control Production, Supply, Distribution, Etc., of Essential Commodities
State: Central
Year: 1955
.....conferred by sub-section (1), an order made thereunder may provide- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops. (c) for controlling the price at which essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition use or consumption of, any essential commodity; (e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale; 2[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,- (a) to sell the whole or a specified part of the quantity held in stock or produced or received by him or, (b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Appendix I
Title: The Essential Commodities (Special Provisions) Act, 1981
State: Central
Year: 1955
.....just and proper so to do for any other special reason to be recorded in writing; (e) a Special Court may, upon a perusal of police report of the facts constituting an offence under this Act5[or upon a complaint made by an Officer of the Central .Government or a State Government authorised in this behalf by the Government concerned]6[or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not,] take cognizance of that offence without the accused being committed to it for trial; (f) all offences under this Act shall be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code shall, as far as may be, apply to such trial: Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Special Court to pass a sentence of imprisonment for a term not exceeding two years. (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code, be charged at the same trial: Provided that such other offence is, under any other law for the time.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Appendix 2
Title: The Prevention of Blackmarketing Maintenance of Supplies of Essential Commodities Act, 1980
State: Central
Year: 1955
.....by the said sub-section. (3) When any order is made under this section by an officer mentioned in sub-section (2) he shall forthwith report the fact to the State Government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government: Provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but not later than ten days from the date of detention, this sub-section shall apply subject to the modification that for the words "twelve days", the words "fifteen days" shall be substituted. (4) When any order is made or approved by the State Government under this section or when any order is made under this section by an officer of the State Government not below the rank of Secretary to that Government specially empowered under sub-section (1) the State Government shall, within seven days, report the fact to the Central Government together with the grounds.....
View Complete Act List Judgments citing this sectionEssential Commodities (Amendment and Validation), Act 2009 Preamble
Title: Essential Commodities (Amendment and Validation), Act, 2009
State: Central
Year: 2009
.....been taken into account and held that the case was not covered by the decision of the Supreme Court dated 22-9-1993 in Shri Malaprabha Coop. Sugar Factory Ltd. versus Union of India [(1994) 1 SCC 648 Malaprabha (1)]; And whereas subsequently the decision of a Bench of three Judges of the Supreme Court dated 28-1-1997 in the case of Shri Malaprabha Coop. Sugar Factory Ltd. versus Union of India (Malaprabha 2) (1997) 10 SCC 216 held that the decision in Modi Industries' case did not have any bearing on the fixation of price of levy sugar for the year 1975-1976 to 1979-1980; And whereas the decision of the Bench of three Judges in Modi Industries Ltd. and Another versus Union of India and others was followed in the case of Bharat Sugar Mills Ltd. and another versus Union of India, (decided on 19th August, 1998) after noticing the judgments in Shri Malaprabha Coop. Sugar Factory Ltd. (Malaprabha 1) and Shri Malaprabha Coop. Sugar Factory Ltd. [(Malaprabha 2)]; And whereas in the case of Union of India and Others versus Triveni Engineering Works Ltd. (1999) 9 SCC 244, by judgment dated 2-2-1999, the appeal of the Union of India was allowed relying upon the decision in Modi.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Complete Act
Title: Essential Commodities Act, 1955
State: Central
Year: 1955
.....of Central Government to recover certain amounts as arrears of land revenue Section8 - Attempts and abetment Section9 - False statement Section10 - Offences by companies Section10A - Offences to be cognizable Section10B - Power of court to publish name, place of business, etc., of companies convicted under the Act Section10C - Presumption of culpable mental state Section11 - Cognizance of offences Section12 - Special provision regarding fine Section12A - Power to try summarily Section12B - Grant of injunction, etc., by civil courts Section13 - Presumption as to orders Section14 - Burden of proof in certain cases Section15 - Protection of action taken under Act Section15A - Prosecution of public servants Section16 - Repeals and savings Amending Act1 - AMENDMENT ACT AppendixI - THE ESSENTIAL COMMODITIES (SPECIAL PROVISIONS) ACT, 1981 Appendix2 - THE PREVENTION OF BLACKMARKETING MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980 Amending Act2 - ESSENTIAL COMMODITIES (AMENDMENT) ACT, 2006
List Judgments citing this sectionBombay Essential Commodities and Cattle (Control) Act, 1958, (Maharashtra) Preamble
Title: the Bombay Essential Commodities and Cattle (Control) Act, 1958
State: Maharashtra
Year: 1958
.....the control and regulation of trade and commerce therein and for the maintenance, licensing and movement of cattle and the licensing of dealers in such commodities and cattle and for certain other purposes. The State Government was thus invested with sufficient powers to deal with a situation when supplies of essential commodities are likely to be affected adversely. With a view to checking the present rising trend in prices of commodities, it was necessary to have the powers as in the proposed Act. The Act applied to essential commodities as specified in Part I of the Schedule and to cattle as specified in Part II thereof.- Vide Statement of Objects and Reasons. ________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extra, p. 28. 2. This indicates the date of commencement of Act.
View Complete Act List Judgments citing this sectionEssential Commodities (Special Provisions) Act, 1981 Preamble 1
Title: Essential Commodities (Special Provisions) Act, 1981
State: Central
Year: 1981
ESSENTIAL COMMODITIES (SPECIAL PROVISIONS) ACT, 1981 [Act, No. 18 of 1981] PREAMBLE An Act to make certain special provisions by way of amendments to the Essential Commodities Act, 1955, for a temporary period for dealing more effectively with persons indulging in hoarding and black marketing of,-and profiteering in, essential commodities and with the evil of vicious inflationary prices and for matters connected therewith or incidental thereto. Whereas for ensuring the availability of essential commodities at fair prices, it is necessary to curb the hoarding and black marketing of, and profiteering in, such commodities; And whereas for dealing more effectively with persons indulging in such antisocial activities and the evil of vicious inflationary prices, it is necessary to make certain special provisions by way of amendments to the Essential Commodities Act, 1955 (10 of 1955), for a period of1[fifteen] years; Be it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:-- ________________________ 1. Substituted for "ten" by the Essential Commodities (Special Provisions) Amendment Act, 1993, w.r.e.f. 27.08.1992.
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 2A
Title: Essential Commodities Declaration Etc.
State: Central
Year: 1955
.....to be an essential commodity for such period not exceeding six months to be specified in the notification: Provided that the Central Government may, in the public interest and for reasons to be specified, by notification in the Official Gazette, extend such period beyond the said six months. (4) The Central Government may exercise its powers under sub-section (2) in respect of the commodity to which Parliament has power to make laws by virtue of Entry 33 List III in the Seventh Schedule to the Constitution. (5) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before both Houses of Parliament.] ________________________________ 1. Inserted by the Essential Commodities (Amendment) Act, 2005, dated 29.12.2006.
View Complete Act List Judgments citing this section