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Finance Act 2005 Section 54

Title: Amendment of Section 238

State: Central

Year: 2005

In section 238 of the Income-tax Act, after sub-section (1), the following sub-section shall be inserted with effect from the 1st day of April, 2006, namely:-- "(1A) Where the value of fringe benefits provided or deemed to have been provided by one employer is included under any provisions of Chapter XII-H in the value of fringe benefits provided or deemed to have been provided by any other employer, the latter alone shall be entitled to a refund under this Chapter in respect of such fringe benefits.".

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Code of Criminal Procedure, 1973 Section 238

Title: Compliance with Section 207

State: Central

Year: 1973

When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.

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Cantonments Act, 2006 Section 237

Title: Power of Board Under Certain Sections Exercisable by Chief Executive Officer

State: Central

Year: 2006

The powers, duties and functions of the Board under section 238, sub-section (1) of section 241, section 243, section 245 and section 248 excluding the provisions to subsection (1) and the provisions to sub-section (2) of the said section 248 shall be exercised or discharged in a civil area by the Chief Executive Officer.

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Government of India Act, 1935 [Repealed] Section 238

Title: Provisions as to Certain Civilian Personnel

State: Central

Year: 1935

1[238. Provisions as to certain civilian personnel The provisions of the three last preceding sections shall apply in relation to persons who, not being members of His Majesty's forces hold, or have held, posts in India connected with the equipment or administration of those forces or otherwise connected with defence, as they apply relation to persons who are, or have been, members of those forces. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947.

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New Delhi Municipal Council Act 1994 Section 242

Title: When Building or Work May Be Proceeded with

State: Central

Year: 1994

.....a period of sixty days or in cases falling under clause (b) of section 236 within a period of thirty days, after the receipt of any notice under section 238 or section 239 or of the further information, if any, required under section 240, the Chairperson does not refuse to sanction the building or work or upon refusal, does not communicate the refusal to the person who has given the notice, the Chairperson shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same. Provided that if it appears to the Chairperson that the site of proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Chairperson may withhold sanction of the building or work for such period not exceeding three months as he deems fit and the period of sixty days or as the case may be, the period of thirty days.....

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Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 2

Title: Definitions

State: Central

Year: 1984

.....of the Companies, Act, 1956, and having its registered office at 12, Mission Row, Calcutta- 700 001; (d) "existing Government company" means a Government company which is carrying on business on the appointed day. (e) "new Government company" means a Government company formed and registered on or after the appointed day; (f) "notification" means a notification published in the Official Gazette; (g) "prescribed" means prescribed by rules made under this Act; (h) "specified date", in relation to any provisions of this Act, means such date as the Central Government may, by notification, specify for the purposes of that provision and different dates may specified for different provisions of this Act. (i) words and expressions under herein and not defined, but defined in the Companies Act, 1956(1 of 1956), shall have the meanings, respectively, assigned to them in that Act.

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Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 7

Title: Company to Be Liable for Certain Prior Liabilities

State: Central

Year: 1984

.....be, the existing, or new, Government company, (3) For the removal of doubts, it is hereby declared that - (a) save as otherwise expressly provided in this Act, no liability of Company in relation to its undertakings in respect of any period prior to the appointed day shall be enforceable against the Central Government, or, where the undertakings of the vest in an existing, or a new, Government company, against such Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company, passed on or after the appointed day, in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the Central Government, or where the undertakings of the Company vest in an existing, or a new, Government company, against such Government company; (c) no liability incurred by the Company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government, or, where the undertakings of the Company vest in an existing, or a new, Government company, against such Government company.

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Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 8

Title: Payment of Amount

State: Central

Year: 1984

For the transfer to, and vesting, in, the Central Government, under section 3, of the undertakings of the Company and the right, title and interest of the Company in relation to its undertakings, there shall be paid by the Central Government to the Company, in cash and in the manner specified in Chapter VI, an amount of rupees six hundred and fifty lakhs.

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Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 14

Title: Provident Fund and Other Funds

State: Central

Year: 1984

(1) Where the Company has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of the persons employed in any of the undertakings of the Company, the monies relatable to the officers or other employees whose services have become transferred by or under this Act to the Central Government or an existing, or a new, Government company shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to , and shall vest in, the Central Government or the Government company, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Central Government or the existing, or new, Government company, as the case may be, shall be dealt with by that Government or that company in such manner as may be prescribed.

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Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 19

Title: Priority of Claims

State: Central

Year: 1984

The claims made under section 18 shall have priorities in accordance with the following principles, namely :- (a) Category I shall have precedence over all other categories and Category II shall have precedence over Category III, and so on; (b) the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; and (c) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

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