Title : Enhanced Penalty After Previous Conviction
State : Central
Year : 1951
If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to 1[one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both]: Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. ________________________ 1. Substituted by the Plantations Labour (Amendment) Act, 2010 for the following : - "six months or with fine which may extend to one thousand rupees, or with both" View Complete Act List Judgments citing this sectionTitle : Cognizance of Offences
State : Central
Year : 1951
1[No court shall take cognizance of any offence under this Act except on a complaint made by any worker or an office bearer of a trade union of which such worker is a member or an inspector and 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.] _________________________ 1. Substituted by the Plantations Labour (Amendment) Act, 2010 for the following : - "No court shall take cognizance of any offence under this Act except on complaint made by, or with the previous sanction in writing of, the chief inspector and no court inferior to that of a presidency magistrate or a magistrate of the second class shall try any offence punishable under this Act." View Complete Act List Judgments citing this sectionTitle : Power to Exempt
State : Central
Year : 1951
The State Government may, by order in writing, exempt, subject to such conditions and restrictions as it may think fit to impose, any employer or class of employers from all or any of the provisions of this Act: Provided that no such exemption1[ other than an exemption from section 19 ] shall be granted except with the previous approval of the Central Government. ________________________ 1 . Inserted by The Plantations Labour (Amendment) Act, 1960, w.e.f 13-09-1960 View Complete Act List Judgments citing this sectionTitle : Objection by Creditor to Schedule of Assets
State : Central
Year : 1951
(1) Any creditor of a disposed debtor may make an application to the Tribunal stating that the displaced debtor, who has made an application under section 5 or sub-section (2) of section 11, has concealed any part of his assets, and the Tribunal shall, after giving due notice thereof to the displaced debtor, determine the matter. (2) If the Tribunal finds that the displaced debtor has wilfully and fraudulently omitted to include such assets in his application, the Tribunal may dismiss the application or refuse to allow to the displaced debtor any of the reliefs under this Act to which he would otherwise have been entitled or pass such other order in relation thereto as it thinks fit. View Complete Act List Judgments citing this sectionTitle : Debts Secured on Movable Property
State : Central
Year : 1951
(1) Where in respect of a debt incurred by a displaced debtor and secured by the pledge of movable property belonging to him, the creditor had been placed in possession of such property at any time before the debtor became displaced person, the following rules shall regulate the rights and liabilities of the creditor and the debtor, namely:-- (a) the creditor may, if he is still in possession of the pledged property, realise the sum due to him by the sale of such property after giving to the debtor reasonable notice of the sale; (b) the creditor shall not be liable, in the case where the pledged property is no longer in his possession or is not available for redemption by the debtor, to recover from the debtor the debt or any part thereof for which the pledged property was security;..... View Complete Act List Judgments citing this sectionTitle : No Calls to Be Made on Displaced Person or Bank when Company or Co-operative Society is in Liquidation
State : Central
Year : 1951
(1) Where a company or a co-operative society is being wound up, no displaced person or displaced bank shall be called upon, notwithstanding anything to the contrary contained in the Companies Act, or in the memorandum or articles of association or the Co-operative Societies Act, to make any contribution to the assets of the company or co-operative society, as the case may be, in respect of any share held by him or it in the company or society on the 15th day of August, 1947. (2) The provisions of this section shall have effect for a period of ten years from the 15th day of August, 1947, and shall also apply in respect of any calls made and not satisfied before that date, and shall cease to have effect after the expiry of the said period except as respects things done or omitted to be..... View Complete Act List Judgments citing this sectionTitle : Application of Act V of 1908
State : Central
Year : 1951
Save as otherwise expressly provided in this Act or in any rules made thereunder, all proceedings under this Act shall be regulated by the provisions contained in the Code of Civil Procedure, 1908 (Act V of 1908). View Complete Act List Judgments citing this sectionTitle : Past Transactions Not to Be Affected
State : Central
Year : 1951
(1) If before the commencement of this Act a displaced debtor has satisfied or discharged any of his liabilities in any manner whatsoever, such transactions shall not be affected by anything contained in this Act. (2) Where the Tribunal has determined the amount due in respect of any debt in accordance with the provisions of this Act, any payments (including payments by way of interest) made by the displaced debtor towards the debt prior to such determination shall be adjusted towards the amount so determined: Provided that no creditor shall be called upon to refund any amount paid to him if it is found that it is in excess of the amount determined as being due to him under this Act. View Complete Act List Judgments citing this sectionTitle : Appointment of Superintendent Additional, Assistant and Deputy Superintendents
State : Maharashtra
Year : 1951
8. Appointment of 1[Superintendent] Additional, Assistant and Deputy Superintendents. (1) The State Government may appoint for each District or for a part of a district or for one or more districts 2 [a Superintendent of Police] and one or more Additional, Assistant and Deputy Superintendents of Police, as it may think expedient. (2) The State Government may, by a general or special order, empower an Additional Superintendent to exercise and perform in the district for which he is appointed or in any part thereof, all or any of the powers, functions or duties to be exercised or performed by a 3 [Superintendent] under this Act or under any law for the time being in force. (3) The 3 [Superintendent] may, with the previous permission of the State Government delegate any of the powers..... View Complete Act List Judgments citing this sectionTitle : Deputies to Commissioner
State : Maharashtra
Year : 1951
10. Deputies 1 * * to Commissioner. (1) The State Government may appoint one or more Deputy Commissioners 2 [* * * *] of Police in Greater Bombay or in any area in which a Commissioner has been appointed under clause (a) of section 7. (2) Every such Deputy 3 [* *] Commissioner shall, under the orders of the Commissioner, exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or performed by him under the provisions of this Act or any other law for the time being in force 4 [* * *] : Provided that the powers to be exercised by the Commissioner 5 [of making, altering or rescinding rules under section 33] shall not be exercisable by a Deputy 3 [* * *] Commissioner. ___________________ 1. The words "and Assistants" were deleted by Mah. 46..... View Complete Act List Judgments citing this section