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Start Free TrialNational Service Act, 1972 Section 18
Title: National Service (Hardship) Committee
State: Central
Year: 1972
.....it may think fit and on such constitution such Regional National Service (Hardship) Committee shall have all the powers, functions and privileges of the National Service (Hardship) Committee and shall be subject to the same provisions as are applicable to that Committee. (7) The National Service (Hardship) Committee shall have power to regulate its own procedure with regard to any investigation under this Act and shall have for the purposes of such investigation the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely :-- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents producible as evidence; (c) receiving evidence on oath; (d) issuing commissions for the examination of witnesses or documents; (c) such other matters as may be prescribed.
View Complete Act List Judgments citing this sectionNational Service Act, 1972 Section 19
Title: Application for Postponement on Grounds of Hardship
State: Central
Year: 1972
.....person who is for the time being liable to be called up for national service under this Act and who has been served with a notice referred to in sub-section (1) of Section 13, or any employer of such qualified person, may apply, in the prescribed manner to the Central Government for a certificate of postponement of liability to be called up for national service on the ground that exceptional hardship would ensue if such qualified person were called up for national service, and may, on that ground apply, in the prescribed manner, for the renewal of the postponement certificate granted to him. (2) Where an application for a postponement certificate or for the renewal thereof is made, the Central Government shall refer the application for decision to the National Service (Hardship) Committee. (3) No application for the grant of a postponement certificate shall be referred by the Central Government to the National Service (Hardship) Committee unless such application is made within sixty days from the date of service of the notice referred to in sub-section (1) of section 13: Provided that the Central Government may refer an application for the grant of a postponement.....
View Complete Act List Judgments citing this sectionNational Service Act, 1972 Section 20
Title: Appeal from Decision of the National Service (Hardship) Committee
State: Central
Year: 1972
(1) Subject to the provisions of sub-section (2), an appeal shall lie against the decision of the National Service (Hardship) Committee to the High Court exercising jurisdiction in relation to the territory in which the applicant for the postponement certificate voluntarily resides, carries on business or personally works for gain. (2) No appeal referred to in sub-section (1) shall lie unless-- (i) it is preferred within thirty days from the date of the decision of the National Service (Hardship) Committee, and (ii) the National Service (Hardship) Committee certifies that the case involves a substantial question of law. (3) Where the National Service (Hardship) Committee has refused to give a certificate referred to in sub-section (2), the High Court may, if it is satisfied that the case involves a substantial question of law, gram special leave to appeal against the decision of the National Service (Hardship) Committee. (4) The High Court may, after hearing the appeal, confirm, modify or reverse the decision of the National Service (Hardship) Committee.
View Complete Act List Judgments citing this sectionNational Service Act, 1972 Complete Act
State: Central
Year: 1972
.....to be equivalent to national service, the period of such service shall be deemed to be service in lieu of the national service required under this Act and he shall (unless he has ceased to be liable under this Act to be called up for national service), be liable to be called up for national service for such term as will, together with the service completed by him, be equivalent to the term of service for. which persons are liable to serve under this Act. (3) If any qualified person has been enlisted as a member of- (a) the Indian Reserve Forces, regulated under the Indian Reserve Forces Act, 1888-, (b) the Territorial Army constituted under the Territorial Army Act, 1948, (c) the Air Force Reserve or the Auxiliary Air Force Reserve constituted under the Reserve and Auxiliary Air Forces Act, 1952, (d) the Indian Naval Reserve Forces raised and maintained under the Navy Act, 1957-, or (e) any other Force of the foregoing nature, he shall not be called up, so long as he continues to be a member of that Force to render national service under this Act : Provided that he shall, after he has ceased to be a member of such Force, be liable to render national service (unless he has.....
List Judgments citing this sectionNational Service Act, 1972 Chapter IV
Title: Postponement of National Service
State: Central
Year: 1972
.....person who is for the time being liable to be called up for national service under this Act and who has been served with a notice referred to in sub-section (1) of Section 13, or any employer of such qualified person, may apply, in the prescribed manner to the Central Government for a certificate of postponement of liability to be called up for national service on the ground that exceptional hardship would ensue if such qualified person were called up for national service, and may, on that ground apply, in the prescribed manner, for the renewal of the postponement certificate granted to him. (2) Where an application for a postponement certificate or for the renewal thereof is made, the Central Government shall refer the application for decision to the National Service (Hardship) Committee. (3) No application for the grant of a postponement certificate shall be referred by the Central Government to the National Service (Hardship) Committee unless such application is made within sixty days from the date of service of the notice referred to in sub-section (1) of section 13: Provided that the Central Government may refer an application for the grant of a postponement.....
View Complete Act List Judgments citing this sectionNational Service Act, 1972 Chapter V
Title: Reinstatement of Qualified Persons Called Up for National Servce
State: Central
Year: 1972
.....month, or with fine which may extend to five thousand rupees, or with both, and the court by which such former employer is convicted under this sub-section shall order him to pay to the person whom he has failed to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the former employer and any amount so required to be paid shall be recoverable as if it were a fine imposed by such court. (5) Where in pursuance of the provisions of sub-section (2) a former employer reinstates his former employee and thereafter terminates the employment of such former employer at any time within a period of six months from the date of such reinstatement, the former employer shall, notwithstanding anything to the contrary contained in the conditions of employment of the former employee, be liable to pay to the former employee, at the time of terminating his employment as aforesaid, a sum equal to the remuneration which the former employee would have earned under the terms and conditions of his re-employment for the unexpired portion of the said period of six months Provided that a former employer shall not be.....
View Complete Act List Judgments citing this sectionNational Service Act, 1972 Section 23
Title: Reinstatement
State: Central
Year: 1972
.....month, or with fine which may extend to five thousand rupees, or with both, and the court by which such former employer is convicted under this sub-section shall order him to pay to the person whom he has failed to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the former employer and any amount so required to be paid shall be recoverable as if it were a fine imposed by such court. (5) Where in pursuance of the provisions of sub-section (2) a former employer reinstates his former employee and thereafter terminates the employment of such former employer at any time within a period of six months from the date of such reinstatement, the former employer shall, notwithstanding anything to the contrary contained in the conditions of employment of the former employee, be liable to pay to the former employee, at the time of terminating his employment as aforesaid, a sum equal to the remuneration which the former employee would have earned under the terms and conditions of his re-employment for the unexpired portion of the said period of six months Provided that a former employer shall not be.....
View Complete Act List Judgments citing this sectionDelhi Administration Act, 1966 Complete Act
State: Delhi
Year: 1966
.....of, or regulating the asking of questions on, any matter which affects the discharge of his functions in so far as he is required by or under this Act to act in his discretion, or by or under any law to exercise judicial or quasi-judicial functions and, if and in so far as any rule so made by the Administrator is inconsistent with any rule made by the Metropolitan Council, the rule made by the Administrator shall prevail. (2) Until rules are made under sub-section (1), the procedure and conduct of business of the Metropolitan Council shall be regulated by such rules as the Administrator may make in this behalf. Section25 Restriction on discussion in Metropolitan Council No discussion shall take place in the Metropolitan Council with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. Section26 Courts not to enquire into proceedings of Metropolitan Council (1) The validity of any proceedings in the Metropolitan Council shall not be called in question on the ground of any alleged irregularity of procedure. (2) No officer or member of the Metropolitan Council in whom powers are vested by or under this.....
List Judgments citing this sectionIncome Tax Act, 1961 Complete Act
State: Central
Year: 1961
INCOME TAX ACT, 1961 INCOME TAX ACT, 1961 43 of 1961 [AS AMENDED BY FINANCE ACT, 2003] An Act to consolidate and amend the law relating to income-tax and super-tax BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows : CHAPTER 1 PRELIMINARY Section 1 Short title, extent and commencement (1) This Act may be called the Income-tax Act, 1961. (2) It extends to the whole of India. (3) Save as otherwise provided in this Act, it shall come into force on the 1st day of April, 1962. Section 2 Definitions 1 Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.[(1) "advance tax" means the advance tax payable in accordance with the provisions of Chapter XVII-C;] 2 Renumbered as clause (1A) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.[(1A)] 3 For manner of computation of income which is partially agricultural and partially frombusiness, see rules 7, 7A, 7B and 8. For analysis, see Mashbra's Income-tax Rules."agricultural income" means - 4 Substituted by the Taxation Laws (Amendment) Act, 1970, w.r.e.f. 1-4-1962.[(a) any rent or revenue derived from land which is situated in India and is used for.....
List Judgments citing this sectionAll India Services Act, 1951 Complete Act
State: Central
Year: 1951
.....Service, and (3) the Indian Medical and Health Service. The present Bill seeks to create the aforesaid services by amending the All India Services Act, 1951. Under section 3of the Act, the Central Government would be empowered to make rules for the regulation of recruitment, and conditions of service of persons appointed, to these services. - S.O.R. -Gaz. of Ind., 19-11-1962, Pt. II, S. 2, Ext., p. 1012. Act 23 of 1975.- In service matters occasions arise when it becomes an inescapable necessity to amend or make rules with retrospective effect. An instance in point is the implementation of the decisions of the Government on the recommendations of the Third Central Pay Commission. 2.Section 3of the All India Services Act, 1951 which empowers the Central Government to make rules for the regulation of recruitment and the conditions of service of persons appointed to an All India Service does not in terms permit the making of the rules with retrospective effect. In view of the opinion tendered by the Attorney-General in 1969 in connection with a po,int raised by the Public Accounts Committee regarding an exemption notification issued with retrospective effect under the Central.....
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