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Bombay Money-lenders Act, 1946, (Maharashtra) Section 25

Title: Limitation on Rates of Interest

State: Maharashtra

Year: 1946

.....written demand or charges or receives] from a debtor interest at rate exceeding the maximum rate fixed by the1 [State] Government under sub-section (1) he shall, for the purposes of section 34, be deemed to have contravened the provisions of this Act.] _____________________ 1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. This proviso was deleted byBom. 13 of 1951, s.11. 3. Sub-section (1A) was inserted byMah. 76 of 1975, s. 13(a), 4. This was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 5. Substituted by the Adaptation of Laws Order, 1950, s.13(b). 6. Sub-section (3) was added byBom. 57 of 1949, s.4. 7. Substituted byBom. 50 of 1959, s.4(n).

The Bombay Money Lenders Act, 1946 Complete Act

State: Maharashtra

Year: 1946

.....other property, whether moveable or immoveable, and includes a wholesale or retail merchant, a commission agent, - a broker, a manufacturer, a contractor, a factory owner, but does not include an artisan or a person who sells his agricultural produce or cattle or buys agricultural produce or cattle, for his use. Explanation."For the purposes of this clause an "artisan" means a person who does not employ more than ten workers in a manufacturing process on any one day of the twelve months immediately preceding. NOTES: (A) Changes made by the new amendment in two of the definitions have created disturbance in business community and especially the money-lenders who were advancing loans to traders. (B) Definition of word LOAN in sub-section 2 has been amended by addition of words WHETHER IN CASH OR KIND AND after the words ADVANCING LOANS. These words appear to have been added to clarify the word loan as to include the advance in kind like grains advanced with condition to return one and half times after harvest. The definition of word LOAN in sub section (9) even prior to the amendment states that the loan meant an advance whether of money or in kind. Thus this particular amendment.....

Mica Mines Labour Welfare Fund Act, 1946 Complete Act

State: Central

Year: 1946

.....employed in the Mica mining industry. Section 6of the Act empowers he Central Government to make rules to carry into effect the purposes of the Act. The Act does not require the rules made by the Central Government to be laid before Parliament. 2. The Committee on Subordinate Legislation (Fifth Lok Sabha) in their fourteenth Report desired that the Government should undertake a review of all Acts to find out which of them do not contain a provision for laying of rules tramed thereunder before Parliament and should incorporate such provision in those Acts. The committee on Subordinate Legislation (Sixth Lok Sabha) in their Nineteenth Report further desired that the necessary mending legislation be brought up at an early date. It is proposed to accept these recommendations of the Committees on Subordinate Legislation and make a suitable amendment in the Mica Mines 1. Labour Welfare Fund Act. 1946. The ill seeks to achieve tins object. Gaz of India. 26-3-1980. Pt. II. S. 2. Ext.. p. 324. An Act to constitute a fund for the financing of activities to promote the welfare of labour employed in the mica mining industry. WHFRFAS it is expedient to constitute a fund for the financing.....

Industrial Employment (Standing Orders) Act, 1946 Complete Act

State: Punjab

Year: 1946

..... 13 Subs. by Act No. 16 of 1961, S. 3, for cl. (c). (i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section 7 of the Factories Act,1948], as manager of the factory; (ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department; (iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment; (e) "industrial establishment" means (i) an industrial establishment as defined in clause (ii) of Section 2 of the Payment of Wages Act, 1936, or 15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ] (iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act, 1890, or (iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen; (f) "prescribed' means prescribed by rules made by the appropriate Government under this Act ; (g) " standing orders" means rules relating.....

Industrial Employment (Standing Orders) Act, 1946 Complete Act

State: Central

Year: 1946

.....this Act for the time being applies, and includes- (i) in a factory, any person named under9[clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948)-], as manager of the factory; ( ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department; (iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment; (e) "industrial establishment" means- ( i) an industrial establishment as defined in clause ( ii) of section 2 of the Payment of Wages Act, 1936-(4 of 1936), or 8[(ii) a factory as defined in clause (m) of section 2 of the Factories Act,1948-(63 of 1948), or] (iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890(9 of 1890), or (iv) the establishment of a person who, for the purpose fulfilling a contract with the owner of any industrial establishment, employs workmen; (f) "prescribed" means prescribed by rules made by the appropriate Government under this Act; (g) "Standing.....

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Section 10A

Title: Payment of Subsistence Allowance

State: Central

Year: 1946

.....is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. (3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.] ________________________ 1. Inserted by Act 18 of 1982, Section 5 (w.e.f. 17-5-1982).

Industrial Employment Standing Orders Act, 1946 (20 of 1946) Schedule 1

Title: The Schedule

State: Central

Year: 1946

.....of probationers or badlis or temporary or casual workmen and their conditions of service." 4 UttarPradesh Schedule amended by Uttar Pradesh Industrial Employment (Standing Orders) (First Amendment) Rules, 1978. Rule 2 amending original Rule 6 whereby in addition to the matters set out in the Schedule, the following additional matters are included in the Schedule:-- 1A. Recruitment. 8A. Issue of service certificate. 9A. Censure and warning notice. 10A. Condition for promotion of workmen. 11A. Issue of wages slips. 11B. Introduction of welfare schemes such as provident fund, gratuities, etc. 11C. Age of Superannuation or retirement, rate of pension or any other facility, which the employers may like to extend or may be agreed upon by the parties. ________________________ 1.Substituted by G.S.R. 936(E), dated 10th December, 2003 (w.e.f. 10-12-2003). 2.Vide Bombay Act 21 of 1958, Section 19 (w.e.f. 15-1-1959); Act 11 of 1960, Section87 (w.e.f. 1-5-1960)]. 3.Vide Maharashtra Act 54 of 1974, Section 4]. 4.Vide Uttar Pradesh Gazette, Extra., Pt. 4, p. 2, dated 10th February, 1978.]

Mica Mines Labour Welfare Fund Act, 1946 Section 2

Title: Imposition and Collection of a Cess

State: Central

Year: 1946

(1) With effect from such [1stApril, 1947, vide notification No. LMW 5 (4), dated 17thApril, 1947, Gazette of India, Pt. I, p. 546.] date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be levied and collected, as a cess for the purposes of this Act, on all mica, in whatever state, exported from [Subs. by Act 3 of 1951, section 3 and Sch. , for "Part A States and Part C States".] [the territories to which this Act extends] a duty of customs at such rate, not exceeding six and one- quarter per centum ad valorem, as may from time to time be fixed by the Central Government by notification in the Official Gazette: Provided that until the 1stday of April, 1947, the rate of duty so fixed shall not exceed two and one- half per centum ad valorem. (2) On the last day of each month or as soon thereafter as may be convenient, there shall be paid to the credit of a fund to be called the Mica Mines Labour Welfare Fund (hereinafter referred to as the Fund) the proceeds of the duty of customs recovered during that month after deduction of the expenses, if any, for collection and recovery.

Bombay Money-lenders Act, 1946, (Maharashtra) Section 29

Title: Reopening of Transactions

State: Maharashtra

Year: 1946

Notwithstanding anything contained in any law for the time being in force the Court shall, in any suit to which this Act applies, whether heard exparte or otherwise-- (a) re-open any transaction, or any account already taken between the parties; (b) take an account between the parties; (c) reduce the amount charged to the debtor in respect of any excessive interest; (d) if on taking accounts it is found that the money-lender has received more than what it is due to him pass a decree in favour of the debtor in respect of such amount: Provided that in the exercise of these powers, the Court shall not- (i) reopen any adjustment or agreement purporting to close previous dealings and to create new obligations which have been entered into by the parties or any person through whom they claim at a date more than six years from the date of the suit; (ii) do anything which affects any decree of a Court. Explanation. -For the purpose of this section "excessive interest" means interest at a rate which contravenes any of the provisions of section 25.

Foreigners Act, 1946 Complete Act

State: Central

Year: 1946

.....AND REASONS "At present the only permanent measures governing foreigners specifically are the Registration of Foreigners Act ,1939andthe Foreigners Act, 1864. The Act of 1939 provides for the making of rules to regulate registration of foreigners and formalities connected therewith, their movement in, or departure from, India. The Act of 1864 provides for the expulsion of foreigners and their apprehension and detention pending removal and for a ban on their entry into India after removal; the rest of the Act which provides for report on arrival, travel under a licence and certain incidental measures can be enforced only on the declaration of an emergency. The powers under this Act have been found to be ineffective and inadequate both during normal times and during an emergency. The needs of the war emergency were met by the enactment of a Foreigners Ordinance in 1939 and the promulgation under it of the Foreigners Order and the Enemy Foreigners Order. Even at that time the need for more satisfactory permanent legislation was recognised but it was decided to postpone consideration of such a measure until after the war. The Ordinance was. therefore, replaced by the Foreigners Act,.....