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Start Free TrialProtection of Children from Sexual Offences Act, 2012, (Central) Preamble
Title: the Protection of Children from Sexual Offences Act, 2012
State: Central
Year: 2012
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 [Act No. 32 of 2012] [19th June, 2012] PREAMBLE An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. Whereas clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special provisions for children; And whereas, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in securing the best interests of the child; And whereas it is necessary for the proper development of the child that his or her right to privacy and confidentiality be protected and respected by every person by all means and through all stages of a judicial process involving the child; And whereas it is imperative that the law operates in a manner that the best interest and well being of the child are regarded as being of paramount importance at every stage, to.....
View Complete Act List Judgments citing this sectionEnforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 Complete Act
State: Central
Year: 2012
.....or satisfaction thereof, the order shall not prejudice any rights acquired in respect of the property concerned or financial asset before the transaction is actually registered.". 10. Substitution of new Section for Section 30." For Section 30 of the principal Act, the following Section shall be substituted, namely" "30. Cognizance of offences."( 1 ) No court shall take cognizance of any offence punishable under Section 27 in relation to non-compliance with the provisions of Section 23, Section 24 or Section 25 or under Section 28 or Section 29 or any other provisions of the Act, except upon a complaint in writing made by an officer of the Central Registry or an officer of the Reserve Bank, generally or specially authorised in writing in this behalf by the Central Registrar or, as the case may be, the Reserve Bank. ( 2 ) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.". 11. Insertion of new Section 31-A." After Section 31.....
List Judgments citing this sectionFinance Act, 2012, (Central) Schedule
Title: the Seventh Schedule
State: Central
Year: 2012
.....of jewellery or on articles of goldsmiths' or silversmiths' wares of precious metal or of metal clad with precious metal, shall amount to "manufacture".'; (b) for the entry in column (4) occurring against all the tariff items of heading 7101, 7103, 7104 (except 7104 10 00), 7105 and 7106, the entry "12%" shall be substituted; (c) in tariff item 7104 10 00, for the entry in column (4), the entry "6%" shall be substituted; (d) in tariff item 7107 00 00, for the entry in column (4), the entry "12%" shall be substituted; (e) for the entry in column (4) occurring against all the tariff items of heading 7108, the entry "12%" shall be substituted; (f) in tariff item 7109 00 00, for the entry in column (4), the entry "12%" shall be substituted; (g) for the entry in column (4) occurring against all the tariff items of heading 7110, the entry "12%" shall be substituted; (h) in tariff item 7111 00 00, for the entry in column (4), the entry "12%" shall be substituted; (i) for the entry in column (4) occurring against all the tariff items of headings 7112, 7113, 7114, 7115 and 7116, the entry "12%" shall be substituted; (j) for the entry in column (4) occurring against.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering (Amendment) Act, 2012, (Central) Section 5
Title: Amendment of Section 5
State: Central
Year: 2012
In section 5 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) Where the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of material in his possession, that- (a) any person is in possession of any proceeds of crime; and (b) such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed: Provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973(2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned in that Schedule, before a.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering (Amendment) Act, 2012, (Central) Section 6
Title: Amendment of Section 8
State: Central
Year: 2012
.....clause shall be substituted, namely:--- "(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the Adjudicating Authority"; (iii) in sub-section (4), for the words "possession of the attached property", the following shall be substituted, namely:-- "possession of the property attached under section 5 or frozen under sub-section (1A) of section 17, in such manner as may be prescribed: Provided that if it is not practicable to take possession of a property frozen under sub-section (1A) of section 17, the order of confiscation shall have the same effect as if the property had been taken possession of"; (iv) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:-- "(5) Where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money-laundering has been committed, it shall order that such property involved in the money-laundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government. (6) Where on conclusion of a.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering (Amendment) Act, 2012, (Central) Section 16
Title: Substitution of New Sections for Section 20 and Section 21
State: Central
Year: 2012
.....principal Act, the following sections shall be substituted, namely:-- "20. Retention of property.-- (1) Where any property has been seized under section 17 or section 18 or frozen under sub-section (1A) of section 17 and the officer authorised by the Director in this behalf has, on the basis of material in his possession, reason to believe (the reason for such belief to be recorded by him in writing) that such property is required to be retained for the purposes of adjudication under section 8, such property may, if seized, be retained or if frozen, may continue to remain frozen, for a period not exceeding one hundred and eighty days from the day on which such property was seized or frozen, as the case may be. (2) The officer authorised by the Director shall, immediately after he has passed an order for retention or continuation of freezing of the property for purposes of adjudication under section 8, forward a copy of the order along with the material in his possession, referred to in sub-section (1), to the Adjudicating Authority, in a sealed envelope, in the manner as may be prescribed and such Adjudicating Authority shall keep such order and material for such period as.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering (Amendment) Act, 2012, (Central) Section 29
Title: Amendment of Section 73
State: Central
Year: 2012
In section 73 of the principal Act, in sub-section (2), (i) after clause (a), the following clause shall be inserted, namely:-- "(aa) the manner of provisional attachment of property under sub-section (1) of section 5;"; (ii) after clause (e), the following clause shall be inserted, namely:- - "(ee) the manner of seizing or taking possession of property attached under section 5 or frozen under sub-section (1A) of section 17 or under sub-section (4) of section 8;"; (iii) clause (h) shall be omitted; (iv) in clause (i), for the words ''the time within which", the words "the nature and value of transactions and the time within which" shall be substituted; (v) for clause (j), the following clauses shall be substituted, namely:-- "(j) the manner and the conditions in which identity of clients shall be verified by the reporting entities under clause (c) of sub-section (1) of section 12; (jj) the manner of identifying beneficial owner, if any, from the clients by the reporting entities under clause (d) of sub-section (1) of section 12; (jjj) the period of interval in which the reports are sent by the reporting entities or any of its employees under clause (c) of.....
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Complete Act
Title: the Protection of Children from Sexual Offences Act, 2012
State: Central
Year: 2012
..... Chapter I - PRELIMINARY Section 1 - Short title, extent and commencement Section 2 - Definitions Chapter II - SEXUAL OFFENCES AGAINST CHILDREN Section 3 to 4 - A. Section 3 - Penetrative sexual assault Section 4 - Punishment for penetrative sexual assault Section 5 to 6 - B. Section 5 - Aggravated penetrative sexual assault Section 6 - Punishment for aggravated penetrative sexual assault Section 7 to 8 - C. Section 7 - Sexual assault Section 8 - Punishment for sexual assault Section 9 to 10 - D. Section 9 - Aggravated sexual assault Section 10 - Punishment for aggravated sexual assault Section 11 to 12 - E. Section 11 - Sexual harassment Section 12 - Punishment for sexual harassment Chapter III - USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR Section 13 - Use of child for pornographic purposes Section 14 - Punishment for using child for pornographic purposes Section 15 - Punishment for storage of pornographic material involving child Chapter IV - ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE Section 16 - Abetment of an offence Section 17 - Punishment for abetment Section 18 - Punishment for attempt to commit an offence Chapter V -.....
List Judgments citing this sectionPrevention of Moneylaundering (Amendment) Act, 2012 Complete Act
State: Central
Year: 2012
..... (ii) after Clause (h), the following Clause shall be inserted, namely" ˜(ha) "client" means a person who is engaged in a financial transaction or activity with a reporting entity and includes a person on whose behalf the person who engaged in the transaction or activity, is acting;'; (iii) after Clause (i), the following Clauses shall be inserted, namely" ˜(ia) "corresponding law" means any law of any foreign country corresponding to any of the provisions of this Act or dealing with offences in that country corresponding to any of the scheduled offences; (ib) "dealer" has the same meaning as assigned to it in Clause (b) of Section 2 of the Central Sales Tax Act, 1956 (74 of 1956);'; (iv) Clause (ja) shall be omitted; (v) for Clause (l), the following Clause shall be substituted, namely" ˜(l) "financial institution" means a financial institution as defined in Clause (c) of Section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) and includes a chit fund company, a housing finance institution, an authorised person, a payment system operator, a non-banking financial company and the Department of Posts in the Government of India;'; (vi).....
List Judgments citing this sectionFinance Act, 2012, (Central) Section 145
Title: Validation of Exemption Given to Club or Association Including Cooperative Societies in Relation to Project
State: Central
Year: 2012
.....the whole of service tax leviable under section 66 thereof, on the club or association service referred to in sub-clause (zzze) of clause (105) of section 65 of the said Act, provided by a club or an association including registered cooperative societies, in relation to the project, shall be deemed to have, and deemed always to have, for all purposes, validly come into force on and from the 16th day of June, 2005, at all material times. (2) Refund shall be made of all such service tax which has been collected but which would not have been so collected as if the notification referred to in sub-section (1) had been in force at all material times. (3) Notwithstanding anything contained in the Finance Act, 1994(32 of 1994), an application for the claim of refund of service tax shall be made within six months from the date on which the Finance Act, 2012 receives the assent of the President. Explanation. For the removal of doubts, it is hereby declared that, (i) project means common facility set-up for treatment and recycling of effluents and solid wastes, with financial assistance from the Central Government or a State Government; (ii) the provisions of section 11B of the.....
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