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Indian Penal Code (45 of 1860) Section 40

Title: "offence"

State: Central

Year: 1860

1[40. "Offence" Except in the2[Chapter and section mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code. In Chapter IV,3[Chapter VA] and in the following sections, namely, sections4[64, 65, 66,5[67], 71], 109, 110, 112, 114, 115, 116, 117,6[118, 119 and 120] 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the words "offence" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined. And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.] ___________________ 1.Substituted by Act 27 of 1870, section 1, for the original section. 2.Substituted by Act 8 of 1930, section 2 and Schedule I, for "Chapter". 3. Inserted by Act 8 of 1913, section 2. 4. Inserted by Act 8 of 1882, section 1. 5. Inserted by Act 10 of 1886, section 21 (1). 6. Inserted by IT Amendment Act, 2008.

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Code of Criminal Procedure, 1973 Section 40

Title: Duty of Officers Employed in Connection with the Affairs of a Village to Make Certain Report

State: Central

Year: 1973

..... (c) the Commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, section 144, section 145, section 147 or section 148 of the Indian Penal Code (45 of 1860); (d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person; (e) the Commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 231 to 238 (both inclusive), sections 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 457, to 460 (both inclusive), sections 489A, 489B, 489C and 489D; (f) any matter likely to affect the maintenance of order of the.....

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Code of Criminal Procedure (Amendment) Act, 2005 Section 40

Title: Amendment of Section 446

State: Central

Year: 2005

In section 446 of the principal Act, in sub-section (3), for the words "at its discretion", the words "after recording its reasons for doing so" shall be substituted.

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Code of Civil Procedure, 1908 Rule 37 to 40

Title: Arrest and Detention in the Civil Prison

State: Central

Year: 1908

.....discretion, order the judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing security to the satisfaction of the Court for his appearance when required. (3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of section 51 and to the other provisions of this Code, make an order for the detention of the judgment-debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest : Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the Court for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not sooner satisfied. (4) A judgment-debtor released under this rule may be re-arrested. (5) When the Court does not make an order of detention under sub-rule (3), it shall disallow the application and, if the judgment-debtor is under arrest, direct his.....

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Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 Section 40

Title: Resignation of Members

State: Karnataka

Year: 1966

1 [40. Resignation ofmembers A member of a market committee other than an ex-officio member may resign his membership in writing, delivered or caused to be delivered to the Chairman of the Market Committee, who shall acknowledge the receipt of the same and the seat of such member shall become vacant on the expiry of fifteen days from the date of acknowledgment of resignation unless within the said period such member withdraws his resignation in writing addressed to the Chairman.] _______________ 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991

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Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 Section 40

Title: Power of Appropriate Government to Makes Rules for the Safety and Health of Building Workers

State: Central

Year: 1996

..... (r) the safety policy, that is to say, a policy relating to steps to be taken to ensure the safely and health of the building workers, the administrative arrangements therefor and the mailers connected therewith, to be framed by the employers and contractors for the operations to be carried on in a building or other construction work; (s) the information to be furnished to the Bureau of Indian Standards established under the Bureau of Indian Standards Act, 1986 (63 of 1986), regarding the use of any article or process covered under that Act in a building or other construction work; (t) the provision and maintenance of medical facilities for building workers: (u) any other mailer concerning the safety and health of workers working in any of the operations being carried on in a building or other construction work.

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Bombay Money-lenders Act, 1946, (Maharashtra) Section 40

Title: Repeal and Savings

State: Maharashtra

Year: 1946

.....such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the Bombay Money-lenders (Unification and Amendment) Act, 1959(Bom. L of 1959) had not been passed: Providedfurther that, subject to the preceding proviso, anything done or any action taken (including rules, delegations and authorisations made, registers maintained, registration certificates and licences granted and notifications issued) under a provision of any Act so repealed shall, in so far as it is not inconsistent with any of the provision of this Act, be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly, unless and until altered, amended, or superseded by anything done or any action taken under this Act.] 2 [* * * *] _____________________ 1.Section 40 was inserted by Bom. 50 of 1959, s.4(s). 2.The existing Schedule was deleted by Mah. 76 of 1975,s.20

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Code of Criminal Procedure, 1973 Section 35

Title: Powers of Judges and Magistrates Exercisable by their Successors-in-office

State: Central

Year: 1973

(1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. (2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

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Code of Criminal Procedure, 1973 Section 60A

Title: Arrest to Be Made Strictly According to the Code

State: Central

Year: 1973

1[No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest] _____________________________________ 1. Inserted Vide Code of Criminal Procedure (Amendment) Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009.

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CODE OF CIVIL PROCEDURE, 1908 Section 157

Title: Continuance of orders under repealed enactment's

State: Central

Year: 1908

Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act 8 of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they arc consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.

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