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Start Free TrialFactories Act, 1948 Section 104A
Title: Onus of Proving Limits of What is Practicable, Etc
State: Central
Year: 1948
1 [104A. Onus of proving limits of what is practicable, etc In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.] _______________________ 1. Inserted by Act 20 of 1987, section 39 (w.e.f. 1-12-1987).
View Complete Act List Judgments citing this sectionShore Nuisances (Bombay and Kolaba) Act, 1853 Section 3
Title: Onus of Proving Right
State: Central
Year: 1853
Upon the hearing of every such petition, the onus of proving the alleged right shall be on the petitioner.
View Complete Act List Judgments citing this sectionThe Factories Act, 1948 Complete Act
State: Punjab
Year: 1948
THE FACTORIES ACT, 1948 THE FACTORIES ACT, 1948 ACT NO. 63 OF 1948 1* [23rd September, 1948.] An Act to consolidate and amend the law regulating labour in factories. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:- CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 1. Short title, extent and commencement. (1) This Act may be called the Factories Act, 1948. 2*[(2) It extends to the whole of India 3***.] (3) It shall come into force on the 1st day of April, 1949. 2. Interpretation. 2. Interpretation. In this Act, unless there is anything repugnant in the subject or context,- (a) "adult" means a person who has completed his fifteenth year of age; (b) "adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year; 4*[(bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;] (c) "child" means a person who has not completed his fifteenth year of age; 5*[(ca)] "competent person", in relation to any provision of this Act, means a person or an institution recognized as such by the Chief.....
List Judgments citing this sectionFactories Act, 1948 Chapter X
Title: Penalties and Procedure
State: Central
Year: 1948
.....or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.] _______________________ 1. Substituted by Act 20 of 1987, section 30, for "three months" (w.e.f. 1-12-1998). 2. Substituted by Act 20 of 1987, section30, for "two thousand rupees" (w.e.f. 1-12-1987). 3. Substituted by Act 20 of 1987, section 30, for "seventy-five rupees" (w.e.f. 1-12-1987). 4. Inserted by Act 94 of 1976, section 40 (w.e.f. 26-10-1976). 5. Substituted by Act 20 of 1987, section 30, for "one thousand rupees" (w.e.f. 1-12-1987). 6. Substituted by Act 20 of 1987, section 30, for "five hundred rupees" (w.e.f. 1-12-1987). Section 93 - Liability of owner of premises in certain circumstances 1 [93. Liability of owner of premises in certain circumstances (1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach.....
View Complete Act List Judgments citing this sectionThe Tripura Scheduled Castes & Scheduled Tribes Reservation Act, 1991 Complete Act
State: Tripura
Year: 1991
.....Clause(24) and Clause (25) of Article 366 of the Constitution of India ;] Inserted by the 2nd Amendment Act, 2005 ( )Omitted by the 2nd Amendment Act, 2005 3. Act not to apply in relation to certain establishment. This act shall not apply in relation to " (a) any employment under the Central Government ; (b) any employment in domestic service. 4. Reservation for Scheduled Castes and Scheduled Tribes [in services and posts under the State] Substituted for "in vacancies" by the 2nd Amendment Act, 2005 to be filled up by direct recruitment. [(1) Reservation for the Scheduled Castes and the Scheduled Tribes in any vacancy or vacancies in services or posts in an establishment which are to be filled up by direct recruitment] Substituted by the 2nd Amendment Act, 2005 shall be regulated in the following manner, namely " [(a) There shall be seventeen percent reservation for the Scheduled Castes and thirty one percent reservation for the Scheduled Tribes in the manner as set out in the schedule;] Substituted by the 2nd Amendment Act, 2005 [Provided that the State Government may from time to time review the implementation of the reservation policy and take adequate.....
List Judgments citing this sectionThe Factories Act, 1948 Complete Act
State: Delhi
Year: 1948
THE FACTORIES ACT, 1948 THE FACTORIES ACT, 1948 ACT NO. 63 OF 1948 1* [23rd September, 1948.] An Act to consolidate and amend the law regulating labour in factories. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:- CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Factories Act, 1948. 2*[(2) It extends to the whole of India 3***.] (3) It shall come into force on the 1st day of April, 1949. 2. Interpretation. In this Act, unless there is anything repugnant in the subject or context,- (a) "adult" means a person who has completed his fifteenth year of age; (b) "adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year; 4*[(bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;] (c) "child" means a person who has not completed his fifteenth year of age; 5*[(ca)] "competent person", in relation to any provision of this Act, means a person or an institution recognized as such by the Chief Inspector for the purposes of.....
List Judgments citing this sectionThe Gangtok Municipal Corporation Act, 1975 Complete Act
State: Sikkim
Year: 1975
.....effected. Residuary power to make rules and by-laws. Protection of action. Overriding effect of this Act. The Gangtok Municipal, Corporation Act, 1975: (Act No. IV of 1975). An Act to make provisions for the establishment of a Municipal Corporation in Gangtok and for matters connected therewith [12tll October, 1975] WHEREAS,. it is expedient to make provisions for the establishment of a Municipal Corporation at Gangtok and matters connected therewith. It is hereby enacted: as follows; CHAPTER1 Preliminary Short title, extent and commencement. (Subs, by sec. 3 of G. Nt. C. (Amd.) Act No. .5 of 1'976. (w.e. f. 9.12.76)) (i) This Act may be called the. Gangtok Municipality, Corporation Act, 1975. (2) It extends and applies to the town of Gangtok; but the State Government, may- by notification extend all or any of the provisions of, this Act to areas outside the town of Gangtok. (3) It shall come into force [at once.] Definitions 2. In this Act, unless there is anything repugnant in the subject or context, " Administrator" (2. Ins. by sec. 2 of G. M. C. (Amd.) Act No. t of 1982 (w. e. f, 9. 12. 76).) [ (1 ) "Administrator" means the officer.....
List Judgments citing this sectionThe Pondicherry Catering Establishments Act, 1964 Complete Act
State: Pondicherry
Year: 1964
.....Any wages required to be paid by an employer but not paid by him, shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (Central Act IV of 1936). Application of the payment of Wages Act, 1936 to catering establishments:- 16. (1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act IV of 1936) (hereinafter in this section referred to as the said Act) the Government may, by notification, direct that, subject to the provisions of sub-section (2), the said Act or any of the provisions thereof or the rules made thereunder shall apply to all or any class of employees in catering establishments to which this Act applies. (2) On the application of the provisions of the said Act to any catering establishment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of his jurisdiction. (3) The Government may, by like notification, cancel or vary any notification issued under sub-section (1). Prohibition of employment of children:- 17. No child shall be required or allowed to work.....
List Judgments citing this sectionThe Shore Nuisance (Bombay and Kolaba) Act, 1853 Complete Act
State: Maharashtra
Year: 1853
.....FOR PETITION No person shall he allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay. SECTION 05: WHEN COLLECTOR MAY CAUSE REMOVAL OF NUISANCE If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorised by warrant under his hand, and such warrant may be in the Form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment. SECTION 06: POWER TO SELL MATERIALS OF ANY ENCROACHMENT The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any surplus shall remain, the same.....
List Judgments citing this sectionPunjab Vat Act, 2005 Complete Act
State: Punjab
Year: 2005
PUNJAB VAT ACT, 2005 PUNJAB VAT ACT, 2005 ACT NO. 8 OF 2005 AN ACT to provide for the levy and collection of value added tax and turnover tax on the sales or purchases of goods and for the matters connected therewith and incidental thereto, and for the repeal of the Punjab General Sales Tax Act, 1948. BE it enacted by the Legislature of the State of Punjab in the Fifty-sixth Year of the Republic of India as follows:-- CHAPTER - I PRELIMINARY Short title and commencement. 1. (1) This Act may be called the Punjab Value Added Tax Act, 2005. (2) It shall come into force from the 1st day of April, 2005. Definitions. 2. In this Act, unless the context otherwise requires, " (a) "account books" means record of business transactions and includes accounts, registers and documents maintained in any manner including electronic medium; (b) "appointed day" means the date on which this Act comes into force; (c) "business" includes - (i) any trade, commerce, manufacture, adventure or concern whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make profit and whether or not any profit accrues there from; and (ii) any.....
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