Title : Substitution of New Section for Section 42
State : Central
Year : 2007
1[For section 42 of the principal Act, the following section shall be substituted, namely: -- "42. Contravention of orders of Commission-(1) The Commission may cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under the Act. (2) If any person, without reasonable cause, fails to comply with the orders or directions of the Commission issued under sections 27, 28, 31, 32, 33, 42A and 43A of the Act, he shall be punishable with fine which may extend to rupees one lakh for each day during which such non-compliance occurs, subject to a maximum of rupees ten crore, as the Commission may determine. (3) If any person does not comply with the orders or directions issued, or fails to pay the fine imposed under sub-section (2), he shall,..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 58
State : Central
Year : 2007
For section 58 of the principal Act, the following section shall be substituted, namely:-- "58. Chairperson, Members, Director General, Secretary, officers and other employees etc., to be public servants-The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.". View Complete Act List Judgments citing this sectionTitle : Insertion of New Section 68d of Act of 15 of 1908
State : Central
Year : 2007
After section 68C of the Indian Ports Act, 1908, the following section shall be inserted, namely: '68D. Maritime security - A port facility in India shall comply with all the requirements contained in Chapter IXB of the Merchant Shipping Act, 1958 [44 of 1958] or the rules made thereunder so far as they are not inconsistent with the provisions of this Act. Explanation.-For the purposes of this section, the expression "port facility" shall have the same meaning as assigned to it in Part IXB of the Merchant Shipping Act, 1958 [44 of 1958]. View Complete Act List Judgments citing this sectionTitle : Re-trial
State : Central
Year : 2007
(1) Except as provided by this Act, where the conviction of a person by court martial for an offence has been quashed, he shall not be liable to be tried again for that offence by a court-martial or by any other Court. (2) The Tribunal shall have the power of quashing a conviction, to make an order authorising the appellant to be retried by court martial, but shall only exercise this power when the appeal against conviction is allowed by reasons only of evidence received or available to be received by the Tribunal under this Act and it appears to the Tribunal that the interests of justice require that an order under this section should be made: Provided that an appellant shall not be retried under this section for an offence other than-- (a) the offence for which he was convicted..... View Complete Act List Judgments citing this sectionTitle : Term of Sentence Land Its Effect on Appeal
State : Central
Year : 2007
(1) The term of any sentence passed by the Tribunal under clause (a) of sub-section (6) of section 15 of this Act shall, unless the Tribunal otherwise directs, be reckoned to commence on the day on which it would have commenced under the Army Act, 1950, the Navy Act, 1957 or the Air Force Act, 1950, as the case may be, under which the court martial against which the appeal was filed, had been held. (2) Subject to the provisions of sub-section (3), any sentence passed on an appeal from the Tribunal to the Supreme Court in substitution for another sentence shall, unless the Supreme Court otherwise directs, be reckoned to commence on the day on which the original sentence would have commenced. (3) Where a person who is undergoing sentence is granted stay of the operation of the said..... View Complete Act List Judgments citing this sectionTitle : Power of Central Government to Make Rules
State : Central
Year : 2007
(1) The Central Government may, by notification, make rules for the purposes of carrying out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the case or cases which shall be decided by a Bench composed of more than two Members under clause (c) of sub-section (3) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of Chairperson or other Member; (c) the salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and other Members under section 10; (d) the financial and administrative powers which the Chairperson may exercise over the Benches of the..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 9
State : Central
Year : 2007
In section 9 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-- "Provided further that no licence shall be required under this Act for supply of electricity generated from a captive generating plant to any licensee in accordance with the provisions of this Act and the rules and regulations made thereunder and to any consumer subject to the regulations made under sub-section (2) of section 42;". View Complete Act List Judgments citing this sectionTitle : Amendment of Section 135
State : Central
Year : 2007
In section 135 of the principal Act,-- (A) for sub-section (1), the following sub-sections shall be substituted, namely:-- "(1) Whoever, dishonestly,-- (a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier, as the case may be; or (b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or (c) damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 5
State : Central
Year : 2007
In section 5 of the principal Act, (a) in sub-section (1), for the words "The Central Government", the words and figures "Subject to the provisions of section 14, the Central Government" shall be substituted; (b) in sub-section (2), (i) for clause (b), the following clauses shall be substituted, namely: "(b) the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the prohibition or regulation of the use of unlicensed aerodromes; (ba) the fees which may be charged at those aerodromes to which the Airports Authority of India Act, 1994(55 of 1994) does not apply or is not made applicable;"; (ii) after clause (g), the following clauses shall be inserted, namely: "(ga) the licensing of persons engaged in air traffic..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 5
State : Central
Year : 2007
For section 5 of the State Bank of Saurashtra Act, 1950 (hereafter in this Chapter referred to as the State Bank of Saurashtra Act), the following section shall be substituted, namely:-- "5. Authorised Capital-(1) Subject to the provisions of this Act, the authorised capital of the Saurashtra Bank shall be rupees five hundred crores. (2) The authorised capital of the Saurashtra Bank shall be divided into shares of one hundred rupees each or of such denomination as the Saurashtra Bank may, with the approval of the State Bank, decide. (3) The Saurashtra Bank may issue the certificates of shares of equivalent values of such denomination as the Saurashtra Bank may decide with the approval of the State Bank, in accordance with the procedure as may be specified by regulations made under..... View Complete Act List Judgments citing this section