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Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 Section 4

Title: Exemption from Returns and Registered Required Under Certain Labour Laws

State: Central

Year: 1988

.....workers required to be issued under the Payment of Wages (Mines) Rules, 1956 made under sections 13A and 26 of the Payment of Wages Act, 1936 (4 of 1936.); and (b) file returns relating to accidents under sections 88 and 88A of the Factories Act, 1948 (63 of 1948.) and sections 32A and 32B of the Plantations Labour Act, 1951 (69 of 1951.). (2) Save as provided in sub-section (1), all other provisions of a Scheduled Act, including in particular , the inspection of the registers by, and furnishing of their copies to, the authorities under that Act, shall apply to the returns and registers required to be furnished or maintained under this Act as they apply to the returns and registers under that Scheduled Act. (3) Where an employer in relation to a small establishment or very small establishment to which a Scheduled Act applies, furnishes returns or maintains the registers as provided in the proviso to sub-section (1), nothing contained in the Scheduled Act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that Schedule Act.

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Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 Preamble 1

Title: Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

State: Central

Year: 1988

THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988 [Act, No. 51 of 1988] [24th September, 1988] PREAMBLE An Act to provide for the exemption of employers in relation to establishments employing a small number of persons from furnishing returns and maintaining registers under certain labour laws. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows :--

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Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 Complete Act

Title: Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

State: Central

Year: 1988

Preamble1 - LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988 Section1 - Short title, extend and commencement Section2 - Definitions Section3 - Amendment of certificate labour laws Section4 - Exemption from returns and registered required under certain labour laws Section5 - Savings Section6 - Penalty Section7 - Power to amend Form Section8 - Power to remove difficulties ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE

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Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsement, referred to in section 59 have occurred as therein mentioned. STATE AMENDMENTS 1Bihar: In sub-section (1), for the words "together with the number and page of the book in which the document has been copied" the words "together with reference to the serial number of the duplicate copy and the number of the book in which it is placed" shall be substituted. 2Goa: In section 60, in sub-section (1), for the words "the document has been copied", the words "the true copy of the document has been filed" shall be substituted. 3Karrtataka: Amendments to section 60 are the same as in Kerala. 4Kerala: In sub-section (1) of section 60, for the words "the document has been copied", the words "the true copy of the document has been filed" shall be substituted. Maharashtra and Gujarat: For modification of section 60(1), see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930) and Act 11 of.....

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Trade Marks Act, 1999 (47 of 1999) Chapter 6

Title: Use of Trade Marks and Registered Users

State: Central

Year: 1999

.....in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application; or (b) that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being: Provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services in question, or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application under clause (a) or clause (b) in relation to any goods or services, if it is shown that there has been, before the relevant date or during.....

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Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 2

Title: The Register and Conditions for Registration

State: Central

Year: 1958

.....capable of distinguishing as aforesaid; and (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish or is in fact capable of distinguishing as aforesaid. (6) Subject to the other provisions of this section, a trade mark in respect of any goods-- (a) registered in Part A of the register may be registered in Part B of the register; and (b) registered in Part B of the register may be registered in Part A of the register, in the name of the same proprietor of the same trade mark or any part or parts thereof. Section 10 - Limitation as to colour (1) A trade mark may be limited wholly or in part to one or more specified colours, and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark. (2) So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. Section 11 - Prohibition of registration of certain marks A mark (a) the use of which would be likely to deceive or cause confusion; or (b) the use of which would be contrary to any law for the time being.....

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Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 6

Title: Use of Trade Marks and Registered Users

State: Central

Year: 1958

.....used in relation to those goods by him or, in a case to which the provisions of section 45 apply, by the company concerned, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to a date one month before the date of the application; or (b) that up to a date one month before the date of the application, a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being: Provided that, except where the applicant has been permitted under sub-section (3) of section 12 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application under clause (a) or clause (b) in relation to any goods, if it is shown that there has been, before the relevent date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the.....

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Registration Act, 1908 Section 81

Title: Penalty for Incorrectly Endorsing, Copying, Translating or Registering Documents with Intent to Injure

State: Central

Year: 1908

.....substitute the words "registering or filing", (ii) for the words "or registering of any document", substitute the words "registering or filing a true copy, of any document", and (iii) for the words "or registers such documents", substitute the words "registers or files a copy of such document". ______________________________ 1. Vide Goa Act 24 of 1985, section 12 (w.e.f. 5-12-1985). 2. Vide Karnataka Act 55 of 1976, section 15 (w.e.f. 24-10-1976). 3. Vide Kerala Act 7 of 1968, section 15 (w.e.f. 22-2-1968). 4. Vide Orissa Act 14 of 1989, section 13 (w.e.f. 19-9-1989). 5. Vide Pondicherry Act 17 of 1970, section 5 (w.e.f. 18-7-1970). 6. Vide Tamil Nadu Act 21 of 1966, section 3 (w.e.f. 1-4-1967). 7. Vide Tripura Act 7 of 1982, section 14 (w.e.f. 1-1-1983). 8. Vide West Bengal Act 17 of 1978, section 4 (w.e.f. 1-1-1983).

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Registration Act, 1908 Section 89

Title: Copies of Certain Orders, Certificates and Instruments to Be Sent to Registering Officers and Filed

State: Central

Year: 1908

.....written demand is withdrawn or attachment of property is lifted or the property is sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand relates is situate and such registering officer shall file copy of the written demand and the memorandum in his Book No. 1." 4 [5 [Madhya Pradesh: Mahakoshal.--In its application to the Mahakoshal region of the State of Madhya Pradesh, in section 89,-- (i) after sub-section (4), insert the following sub-section, namely:-- "(5) Every sale officer granting a certificate of sale under section 20 of the Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937 (1 of 1937), or under clause (c) of section 85 of M.P. Co-operative Societies Act, 1960, or the rules made thereunder shall send a copy of such certificate to the registering office within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such.....

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Trade Marks Act, 1999 (47 of 1999) Chapter 2

Title: The Register and Conditions for Registration

State: Central

Year: 1999

.....of the earlier trade mark. (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including-- (i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark; (ii) the duration, extent and geographical area of any use of that trade mark; (iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies; (iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark; (v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record. (7) The Registrar shall, while determining as.....

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