Res Integra - State Central - Year 2011 - Bare Acts

Finance Act, 2011, (Central) Section 38

Title: Substitution of New Section for Section 17

State: Central

Year: 2011

For section 17 of the Customs Act, the following section shall be substituted, namely:-- 17. Assessment of duty.--(1) An importer entering any imported goods under section 46, or an exporter entering any export goods under section 50, shall, save as otherwise provided in section 85, self-assess the duty, if any, leviable on such goods. (2) The proper officer may verify the self-assessment of such goods and for this purpose, examine or test any imported goods or export goods or such part thereof as may be necessary. (3) For verification of self-assessment under sub-section (2), the proper officer may require the importer, exporter or any other person to produce any contract, broker s note, insurance policy, catalogue or other document, whereby the duty leviable on the imported goods or export goods, as the case may be, can be ascertained, and to furnish any information required for such ascertainment which is in his power to produce or furnish, and thereupon, the importer, exporter or such other person shall produce such document or furnish such information. (4) Where it is found on verification, examination or testing of the goods or otherwise that the self-assessment is.....

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Finance Act, 2011, (Central) Schedule V

Title: Fifth Schedule

State: Central

Year: 2011

.....antibody fragments, antibody conjugates and antibody fragment conjugates, interleukins, interferons (IFN), chemokines and certain tumor necrosis factors (TNF), growth factors (GF), hematopoietins and colony stimulating factors (CSF). ; (iii) in heading 3002,-- (a) for the entry in column (2), the following entry shall be substituted, namely:-- HUMAN BLOOD; ANIMAL BLOOD PREPARED FOR THERAPEUTIC, PROPHYLACTIC OR DIAGNOSTIC USES; ANTISERA, OTHER BLOOD FRACTIONS AND IMMUNOLOGICAL PRODUCTS, WHETHER OR NOT MODIFIED OR OBTAINED BY MEANS OF BIOTECHNOLOGICAL PROCESSES; VACCINES, TOXINS, CULTURES OF MICRO-ORGANISMS (EXCLUDING YEASTS) AND SIMILAR PRODUCTS ; (b) for sub-heading 3002 10, the following shall be substituted, namely:-- 3002 10 - Antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes: ; (23) in Chapter 37, in heading 3702,-- (i) for sub-heading 3702 51, tariff items 3702 51 10 to 3702 51 90, sub-heading 3702 52, tariff items 3702 52 10 to 3702 52 90 and the entries relating thereto, the following shall be substituted, namely:-- 3702 52 - - Of a width not exceeding 16 mm : 3702.....

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Finance Act, 2011, (Central) Schedule XI

Title: Eleventh Schedule

State: Central

Year: 2011

.....antibody fragments, antibody conjugates and antibody fragment conjugates, interleukins, interferons (IFN), chemokines and certain tumor necrosis factors (TNF), growth factors (GF), hematopoietins and colony stimulating factors (CSF). ; (iii) in heading 3002,-- (a) for the entry in column (2), the following entry shall be substituted, namely:-- HUMAN BLOOD; ANIMAL BLOOD PREPARED FOR THERAPEUTIC, PROPHYLACTIC OR DIAGNOSTIC USES; ANTISERA, OTHER BLOOD FRACTIONS AND IMMUNOLOGICAL PRODUCTS, WHETHER OR NOT MODIFIED OR OBTAINED BY MEANS OF BIOTECHNOLOGICAL PROCESSES; VACCINES, TOXINS, CULTURES OF MICRO-ORGANISMS (EXCLUDING YEASTS) AND SIMILAR PRODUCTS ; (b) for sub-heading 3002 10 and the entry relating thereto, the following shall be substituted, namely:-- 3002 10 - Antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes: ; (23) in Chapter 37, in heading 3702,-- (i) for sub-heading 3702 51, tariff items 3702 51 10 to 3702 51 90, sub-heading 3702 52, tariff items 3702 52 10 to 3702 52 90 and the entries relating thereto, the following shall be substituted, namely:-- 3702 52 - - Of.....

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Finance Act, 2011, (Central) Section 39

Title: Amendment of Section 18

State: Central

Year: 2011

.....this Act but without prejudice to the provisions of section 46,-- (a) where the importer or exporter is unable to make self-assessment under sub-section (1) of section 17 and makes a request in writing to the proper officer for assessment; or (b) where the proper officer deems it necessary to subject any imported goods or export goods to any chemical or other test; or (c) where the importer or exporter has produced all the necessary documents and furnished full information but the proper officer deems it necessary to make further enquiry; or (d) where necessary documents have not been produced or information has not been furnished and the proper officer deems it necessary to make further enquiry, the proper officer may direct that the duty leviable on such goods be assessed or re-assessed, as the case may be, provisionally if the importer or the exporter, as the case may be, furnishes such security as the proper officer deems fit for the payment of the deficiency, if any, between the duty as may be finally assessed and the duty provisionally assessed. ; (b) in sub-section (2),- (i) in the opening portion, after the words "assessed finally", the words "or.....

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Academy of Scientific and Innovative Research Act, 2011, (Central) Section 16

Title: Term of Office of Members of Board

State: Central

Year: 2011

.....any other nominated member of the Board [other than ex officio Vice-Chairperson and ex officio members and nominated members under clause (k) of sub-section (1) of section 11] of the existing Academy shall be counted for the purposes of this sub-section. Explanation II.-For the removal of doubt it is hereby declared that a person who held the office of a member shall not be eligible to be re-appointed as a member but may be appointed as the Chairperson in accordance with the provisions of this Act: Provided that an outgoing member of the Board shall, unless or otherwise directed, continue in office until another person is appointed, or, as the case may be, nominated as a member in his place. (2) In the event of vacancy in the office of the Chairperson, by reason of his death or resignation or otherwise, the Vice-Chairperson shall act as the Chairperson until a new Chairperson is appointed in accordance with the provisions of this Act to fill the vacancy and enter upon his office: Provided that a person appointed due to a vacancy in the office of Chairperson under sub-section (2), shall be eligible to be appointed as Chairperson in accordance with the provisions of this.....

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Academy of Scientific and Innovative Research Act, 2011, (Central) Section 16

Title: Term of Office of Members of Board

State: Central

Year: 2011

.....any other nominated member of the Board [other than ex officio Vice-Chairperson and ex officio members and nominated members under clause (k) of sub-section (1) of section 11] of the existing Academy shall be counted for the purposes of this sub-section. Explanation II.-For the removal of doubt it is hereby declared that a person who held the office of a member shall not be eligible to be re-appointed as a member but may be appointed as the Chairperson in accordance with the provisions of this Act: Provided that an outgoing member of the Board shall, unless or otherwise directed, continue in office until another person is appointed, or, as the case may be, nominated as a member in his place. (2) In the event of vacancy in the office of the Chairperson, by reason of his death or resignation or otherwise, the Vice-Chairperson shall act as the Chairperson until a new Chairperson is appointed in accordance with the provisions of this Act to fill the vacancy and enter upon his office: Provided that a person appointed due to a vacancy in the office of Chairperson under sub-section (2), shall be eligible to be appointed as Chairperson in accordance with the provisions of this.....

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Finance Act, 2011, (Central) Section 41

Title: Amendment of Section 27

State: Central

Year: 2011

In section 27 of the Customs Act, for sub-section (1), the following sub-sections shall be substituted, namely:-- (1) Any person claiming refund of any duty or interest,-- (a) paid by him; or (b) borne by him, may make an application in such form and manner as may be prescribed for such refund to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, before the expiry of one year, from the date of payment of such duty or interest: Provided that where an application for refund has been made before the date on which the Finance Bill, 2011 receives the assent of the President, such application shall be deemed to have been made under sub-section (1), as it stood before the date on which the Finance Bill, 2011 receives the assent of the President and the same shall be dealt with in accordance with the provisions of sub-section (2): Provided further that the limitation of one year shall not apply where any duty or interest has been paid under protest. Explanation.-- For the purposes of this sub-section, the date of payment of duty or interest'' in relation to a person, other than the importer, shall be construed as the date of purchase of goods by such.....

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Cable Television Networks (Regulation) Amendment Act, 2011, (Central) Section 5A

Title: Substitution of New Sections for Section 4a

State: Central

Year: 2011

.....channels or bouquets of channels subscribed to by the subscriber, price of such channels or bouquets of channels as defined in the system, the activation or deactivation dates and time for any channel or bouquets of channels, a log of all actions performed on a subscriber's record, invoices raised on each subscriber and the amounts paid or discount allowed to the subscriber for each billing period. 4B. Right of way for cable operators and permission by public authority.-- (1) Subject to the provisions of this Act, any cable operator entitled for providing cable services may, from time to time, lay and establish cables and erect posts under, over, along, across, in or upon any immovable property vested in or under the control or management of a public authority. (2) Any public authority under whose control or management any immovable property is vested may, on receipt of a request from a cable operator permit the cable operator to do all or any of the following acts, namely:- (a) to place and maintain underground cables or posts; and (b) to enter on the property, from time to time, in order to place, examine, repair, alter or remove such cables or posts. (3) The.....

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Cable Television Networks (Regulation) Amendment Act, 2011, (Central) Section 6

Title: Substitution of New Section for Section 8

State: Central

Year: 2011

.....on behalf of Parliament, to be mandatorily carried by the cable operators in their cable service and the manner of reception and re-transmission of such channels: Provided that in areas where digital addressable system has not been introduced in accordance with the provisions of sub-section (1) of section 4A, the notification as regards the prime band is concerned shall be limited to the carriage of two Doordarshan terrestrial channels and one regional language channel of the State in which the network of the cable operator is located. (2) The channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels. (3) Notwithstanding the provisions of sub-section (1), any notification issued by the Central Government or the Prasar Bharti (Broadcasting Corporation of India) in pursuance of the provisions of sub-section (1), prior to the 25th day of October, 2011 shall continue to remain in force till such notifications are rescinded or amended, as the case may be.".

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Finance Act, 2011, (Central) Section 36

Title: Amendment of Section 2

State: Central

Year: 2011

In section 2 of the Customs Act, 1962(52 of 1962) (hereinafter referred to as the Customs Act), for clause (2), the following clause shall be substituted, namely:-- (2) assessment includes provisional assessment, self-assessment, re-assessment and any assessment in which the duty assessed is nil; .

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