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Start Free TrialNational Environment Tribunal Act, 1995 Chapter III
Title: Establishment of National Environment Tribunal and Benches Thereof
State: Central
Year: 1995
.....rules, regulate the procedure for investigation of misbehaviour or incapacity of the Chairperson Vice-Chairperson or other Member referred to in sub-section (2). Section 14 - Salaries and allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Vice-Chairperson and other Member shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson, Vice-Chairperson or other Member shall be varied to his disadvantage after his appointment. Section 15 - Provision as to the holding of offices by Chairperson, etc. on ceasing to be such Chairperson, etc On ceasing to hold office, (a) the Chairperson of the Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Vice-Chairperson of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairperson of the Tribunal,.....
View Complete Act List Judgments citing this sectionNational Environment Tribunal Act, 1995 Section 10
Title: Qualifications for Appointment as Chairperson, Vice-chairperson or Other Member
State: Central
Year: 1995
.....to deal with, administrative, scientific or technical aspects of the problems, relating to environment. (5) Subject to the provisions of sub-section (6) and (7) the Chairperson, Vice-Chairperson and every other Member of the Tribunal shall be appointed by the President. (6) No appointment of a person possessing the qualifications specified in this section as the Chairperson or the Vice-Chairperson shall be made except after consultation with the Chief Justice of India. (7) No appointment of a person as a Judicial Member or a Technical Member shall be made except on the recommendation of a Selection Committee appointed by the Central Government consisting of the following, namely: (a) Chairperson of Tribunal Chairperson of the Committee, ex-officio (b) Secretary to the Government of India in the Ministry of Environment and Forests; member, ex-officio (c) Secretary to the Government of India in the Ministry of Law, Justice and Company Affairs (Department of Legal Affairs); member , ex officio (d) Director-General, Council of Scientific and Industrial Research; member, ex-officio .....
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Chapter VII
Title: Delhi Rent Tribunal
State: Central
Year: 1995
.....the Code of Civil Procedure, 1908(5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to lay down and regulate its own procedure, including the fixing of places and times of its inquiry and deciding whether to sit in public or in private. (2) The Tribunal shall decide every application made to it as expeditiously as possible and on a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced: Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced. (3) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908(5 of 1908), while trying a suit, 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; (c) receiving evidence on affidavits; (d) subject.....
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Section 48
Title: Qualifications for Appointment as Chairman and Members
State: Central
Year: 1995
.....in the Law Department of a State Government; or (e) has, for at least ten years, been an Advocate. (3) Subject to the provisions of sub-sections (4) and (5), the Chairman and other Members of the Tribunal shall be appointed by the President of India after consultation with the Chief Justice of India. (4) The Chairman and other Members shall be appointed by the President of India on the recommendation of a Selection Committee ap-pointed by the Central Government consisting of the following, namely:-- (a) Chief Justice of the High Court of Delhi or his nominee who shall be a sitting Judge of the High Court; (b) Chairman of the Tribunal (except in case of the appointment of the Chairman); (c) Secretary to the Government of India in the Ministry dealing with Legal Affairs; (d) Secretary to the Government of India in the Ministry dealing with Urban Development; (e) Chief Secretary to the Government of the National Capital Territory of Delhi. (5) The Selection Committee shall recommend a person for appointment as Chairman or other Member from amongst the persons on the list of candidates prepared by the Ministry dealing with Urban Development in consultation.....
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Section 58
Title: Power to Punish for Contempt
State: Central
Year: 1995
The Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself or of the Rent Authority under this Act as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971(70 of 1971), shall have effect subject to the modification that-- (a) the references therein to a High Court shall be construed as including a reference to the Tribunal; (b) in section 15 of the said Act, the references to the Advocate-General shall be construed as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General; (c) in sections 6, 10, 11A, 12, 15 and 17 of the said Act, the references therein to subordinate Court or Court subordinate, shall be construed as including a reference to Rent Authority under this Act; and (d) the references, in section 14 of the said Act, to Chief Justice, Judge or Judges shall be construed as including a reference to Chair man, Member or Members.
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Section 67
Title: Transfer of Pending Cases
State: Central
Year: 1995
On the commencement of this Act, all cases pertaining to the matters in respect of which the Tribunal shall have jurisdiction under this Act including the cases under the Transfer of Property Act, 1882(4 of 1882) in respect of premises and tenancies covered under clauses (c) to (i) of sub-section (1) of section 3 and pending in the High Court and all cases pending in the Rent Control Tribunal or additional Rent Control Tribunal constituted under the Delhi Rent Control Act, 1958(59 of 1958) shall stand transferred to the Tribunal and the Tribunal may proceed with the matter either de novo or from the stage it was so transferred.
View Complete Act List Judgments citing this sectionDelhi Rent Act, 1995 Section 71
Title: Criminal Jurisdiction of the Tribunal
State: Central
Year: 1995
(1) No court other than the Tribunal shall try any offence punishable under this Act. (2) The Tribunal shall not take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence. (3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to summon the accused and to give him notice of the offence alleged to have been committed and to notify the Public Prosecutor to conduct the prosecution. (4) The Tribunal shall observe the same procedure for the trial of offences under this Act as the High Court would observe if it were trying the case under section 474 of the Code of Criminal Procedure, 1973(2 of 1974) and for that purpose the Tribunal shall be deemed to be High Court under the said Code.
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Chapter 6
Title: Commissioners of Payments
State: Central
Year: 1995
.....references to the Commissioner in relation to the textile undertaking within the local limits of the jurisdiction specified under clause (b) of sub-section (1). Section 18 - Payment by the Central Government to the Commissioner (1) The Central Government shall, within fifty days from the specified dale, pay in cash to the Commissioner, for payment to the owner of a textile undertaking, an amount equal to the amount specified against the textile undertaking in the First Schedule and shall also pay to the Commissioner such sums as may be due to the owner of a textile undertaking under sub-sections (1) and (2) of section 9. (2) In relaion to the textile undertakings, the management of which was taken over by the Central Government under the Textile Undertakings (Taking Over of Management) Act, 1983, there shall be paid by the Central Government [in addition to the amount referred to in sub-section (1) ], to the Commissioner, in cash, such amount payable under section 5 of that Act as remains unpaid in relation to the period commencing on the date on which such management was taken over by the Central Government and ending on the appointed day. (3) In relation to the textile.....
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Section 23
Title: Admission or Rejection of Claims
State: Central
Year: 1995
..... (c) the reception of evidence on affidavits; and (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal Civil Court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State in which the textile undertaking is situated and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Chapter III
Title: Central Wakf Council
State: Central
Year: 1995
.....not be taken into account. (2) All monies received by the Council under sub-section (1) and all other monies received by it as donations, benefactions and grants shall form a fund to be called the Central Wakf Fund. (3) Subject to any rules that may be made by the Central Government in this behalf, the Central Wakf Fund shall be under the control of the Council and may be applied for such purposes as the Council may deem fit. Section 11 - Accounts and Audit (1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the Central Government. (2) The accounts of the Council shall be audited and examined annually by such auditor as may be appointed by the Central Government. (3) The costs of the audit shall be paid from the Central Wakf Fund. Section 12 - Power of Central Government to make rules (1) The Central Government may, by notification in the Official Gazette, make rules to carry out thepurposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of.....
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