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Darjeeling Gorkha Hill Council Act, 1988 Complete Act

State: West Bengal

Year: 1988

.....no person shall be deemed to be so disqualified by reason only of his having a share or interest in any public company, as defined in the Companies Act, 1956, which contracts with or is employed by a Gram Panchayat, a Panchayat Samiti, or a municipal authority within the hill areas of Darjeeling or the General Council; or (f) he has been dismissed from the service of the Central or the State Government or a local authority or a co-operative society or a Government company as defined in the Companies Act, 1956 or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or (g) he has been adjudged by a competent Court to be of unsound mind; or (h) he is an undischarged insolvent; or (i) he being a discharged insolvent has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (j) he has been convicted by a Court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months or an offence under Chapter IXA of the Indian Penal Code or section 3 or.....

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Auroville Foundation Act 1988 Chapter II

Title: Acquisition and Transfer of Undertakings of Auroville

State: Central

Year: 1988

.....to which have vested in the Central Government under section 3, shall, -- (a) where a direction has been made by the Central Government under sub-section (1) of section 6, vest in the Foundation; or (b) where no such direction has been made by the Central Government, vest in a Custodian appointed day by the Central Government under sub-section (2), and, thereupon, the Foundation, or the Custodian so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the Society, trust or body, as the case may be, is authorised to exercise and do in relation to its undertakings. (2) The Central Government may appoint any person as the Custodian of the undertakings in relation to which no direction has been made by it under sub-section (1) of section 6. (3) The Custodian so appointed shall receive such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government. Section 8 - Duties of person in charge of management by undertakings to deliver all assets (1) On the vesting of the management of the undertakings in the Foundation or on the appointment of a Custodian under section 7,.....

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Finance Act, 1988 Section 62

Title: Amendment of Section 34c

State: Central

Year: 1988

In section 34C of the Wealth-tax Act, - (a) in sub-section (1), the following Explanation shall be inserted at the end, namely :- "Explanation : For the purposes of this sub-section, the proceedings under sub-section (5) of section 37A shall be deemed to be proceedings for the assessment of any net wealth or for the assessment or reassessment of any net wealth which has escaped assessment."; (b) in sub-section (2), after the first proviso, the following proviso shall be inserted, namely :- "Provided further that where an application for settlement under section 22C is made, the period commencing from the date on which such application is made and ending with the date on which an order under sub-section (1) of section 22D is made shall be excluded from the period specified in the preceding proviso.".

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Finance Act, 1988 Chapter V

Title: Miscellaneous

State: Central

Year: 1988

.....clauses shall be substituted, namely :- '(vi) building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, cinema house, hotel or office for the purposes of its business or as a hospital, creche, school, canteen, library, recreational centre, shelter, rest-room or lunch room mainly used for the welfare of its employees or used as residential accommodation, except as provided in clauses (via) and (vib), and the land appurtenant to such building or part; (via) any building used as residential accommodation in the nature of a guest house and land appurtenant thereto; (vib) any building and the land appurtenant to such building used as residential accommodation by any director, manager, secretary or any other employee of the assessee, such employee holding not less than one per cent. of the equity share of the assessee or by any relative of any person who holds not less than one per cent. of the equity share of the assessee. Explanation : For the purposes of this clause, "relative" shall have the meaning assigned to it in clause (b) of Explanation 1 to section 80F of the Income-tax Act.'; (d) after clause.....

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Finance Act, 1988 Section 87

Title: Amendment of Act 11 of 1983

State: Central

Year: 1988

.....clauses shall be substituted, namely :- '(vi) building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, cinema house, hotel or office for the purposes of its business or as a hospital, creche, school, canteen, library, recreational centre, shelter, rest-room or lunch room mainly used for the welfare of its employees or used as residential accommodation, except as provided in clauses (via) and (vib), and the land appurtenant to such building or part; (via) any building used as residential accommodation in the nature of a guest house and land appurtenant thereto; (vib) any building and the land appurtenant to such building used as residential accommodation by any director, manager, secretary or any other employee of the assessee, such employee holding not less than one per cent. of the equity share of the assessee or by any relative of any person who holds not less than one per cent. of the equity share of the assessee. Explanation : For the purposes of this clause, "relative" shall have the meaning assigned to it in clause (b) of Explanation 1 to section 80F of the Income-tax Act.'; (d) after clause.....

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Prevention of Corruption Act, 1988 Chapter V

Title: Sanction for Prosecution and Other Miscellaneous Provisions

State: Central

Year: 1988

.....the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the Army Act, 1950 (45 of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), the Border Security Force Act, 1968 (47 of 1968), the Coast Guard Act, 1978 (30 of 1978) and the National Security Guard Act, 1986 (47 of 1986). (2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), the court of a special Judge shall be deemed to be a court of ordinary criminal justice. Section 26 - Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act Every special Judge appointed under the Criminal Law Amendment Act, 1952 for any area or areas and is holding office on the commencement of this Act shall be deemed to be a special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on and from such commencement, every such Judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this Act. Section 27 - Appeal and revision Subject to the provisions of this.....

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Prevention of Corruption Act, 1988 Section 23

Title: Particulars in a Charge in Relation to an Offence Under Section 13(1)(C)

State: Central

Year: 1988

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when an accused is charged with an offence under clause (c) of sub-section (1) of section 13, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219 of the said Code: Provided that the time included between the first and last of such dates shall not exceed one year.

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Auroville Foundation Act 1988 Chapter I

Title: Preliminary

State: Central

Year: 1988

This Act may be called the Auroville Foundation Act, 1988, Section 2 - Definitions In this Act, unless the context otherwise requires, -- (a) "appointed day" means the date of commencement of this Act; (b) "Auroville" means so much of the undertakings as form part of, or are relatable to, the cultural township which is known as Auroville and the charter of which was proclaimed by the 'Mother' on the 28th day of February, 1988; (c) "Council" means the Auroville International Advisory Council constituted under sub-section (1) of section 21; (d) "Custodian" means the person who is appointed as the Custodian under sub-section (2) of section 7 in respect of the undertaking; (e) "Foundation" means the Auroville Foundation established under sub-section (1) of section 10; (f) "governing Board" means the Governing Board of the Foundation constituted under sub-section (1) of section 11; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "Residents' Assembly" means the Residents' Assembly of the Foundation; (j) "Society" means Sri Aurobindo Society, being a Society as defined.....

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Auroville Foundation Act 1988 Section 2

Title: Definitions

State: Central

Year: 1988

.....by the 'Mother' on the 28th day of February, 1988; (c) "Council" means the Auroville International Advisory Council constituted under sub-section (1) of section 21; (d) "Custodian" means the person who is appointed as the Custodian under sub-section (2) of section 7 in respect of the undertaking; (e) "Foundation" means the Auroville Foundation established under sub-section (1) of section 10; (f) "governing Board" means the Governing Board of the Foundation constituted under sub-section (1) of section 11; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "Residents' Assembly" means the Residents' Assembly of the Foundation; (j) "Society" means Sri Aurobindo Society, being a Society as defined in the West Bengal Societies Registration Act, 1961 (West Bengal Act XXVI of 1961.), and having is registered office at Calcutta in the State of West Bengal; (k) "specified date" means such date as the Central Government may, for the purposes of section 9, by notification, specify; (l) "trust' or "body" means a trust or body specified in the Schedule. (m) "undertakings".....

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Auroville Foundation Act 1988 Section 6

Title: Power of Central Government to Direct Vesting of the Undertakings in the Foundation

State: Central

Year: 1988

(1) Notwithstanding anything contained in section 3 and 4, the Central Government shall, as soon as may be after the appointed day, direct, by notification, that the undertakings and the right, title and interest of the Society, trust or body in relation to such undertakings which had vested in the Central Government under section 3, shall, instead of continuing to vest in the Central Government, vest in the Foundation either on the date of publication of the notification or on such earlier or later date as may be specified in the notification. (2) Where the right, title and interest of the Society, trust or body in relation to the undertakings vest, under sub-section (1), in the Foundation, the Foundation shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the Central Government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, the rights and liabilities, respectively, of the Foundation.

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