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Pension Fund Regulatory and Development Authority Act, 2013, Section 40

Title: Constitution of Pension Regulatory and Development Fund

State: Central

Year: 2013

(1) There shall be constituted a fund to be called the Pension Regulatory and Development Fund and there shall be credited thereto-- (a) all Government grants, fees and charges received by the Authority; (b) all sums received by the Authority from such other source as may be decided upon by the Central Government. (2) The Fund shall be applied for meeting-- (a) the salaries, allowances and other remuneration of the Chairperson and other members and officers and other employees of the Authority; (b) other expenses of the Authority in connection with the discharge of its functions and for the purposes of this Act.

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Rajiv Gandhi National Aviation University Act, 2013, Section 40

Title: Filling of Casual Vacancies

State: Central

Year: 2013

All the casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be convenient, by the person or body who appointed, elected or co-opted the members whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person of whose place he fills would have been a member.

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Companies Act, 2013, Section 40

Title: Securities to Be Dealt with in Stock Exchanges

State: Central

Year: 2013

.....for the repayment of monies within the time specified by the Securities and Exchange Board, received from applicants in pursuance of the prospectus, where the company is for any other reason unable to allot securities. (4) Any condition purporting to require or bind any applicant for securities to waive compliance with any of the requirements of this section shall be void. (5) If a default is made in complying with the provisions of this section, the company shall be punishable with a fine which shall not be less than five lakh rupees but which may extend to fifty lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than fifty thousand rupees but which may extend to three lakh rupees, or with both. (6) A company may pay commission to any person in connection with the subscription to its securities subject to such conditions as may be prescribed.

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National Food Security Act, 2013, Section 40

Title: Power of State Government to Make Rules

State: Central

Year: 2013

.....such rules may provide for all or any of the following matters, namely:-- (a) guidelines for identification of priority households under sub-section (1) of section 10; (b) internal grievance redressal mechanism under section 14; (c) qualifications for appointment as District Grievance Redressal Officer and its powers under sub-section (2) of section 15; (d) method and terms and conditions of appointment of the District Grievance Redressal Officer under sub-section (3) of section 15; (e) manner and time limit for hearing complaints by the District Grievance Redressal Officer and the filing of appeals under sub-sections (5) and (7) of section 15; (f) method of appointment and the terms and conditions of appointment of Chairperson, other Members and Member-Secretary of the State Commission, procedure for meetings of the Commission and its powers, under sub-section (5) of section 16; (g) method of appointment of staff of the State Commission, their salaries, allowances and conditions of service under sub-section (8) of section 16; (h) manner in which the Targeted Public Distribution System related records shall be placed in the public domain and kept open for.....

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Wakf (Amendment) Act, 2013, (Central) Section 40

Title: Amendment of Section 71

State: Central

Year: 2013

In section 71 of the principal Act, in sub-section (1), for the figures "73", the figures "70" shall be substituted.

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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (Central) Section 40

Title: Special Powers in Case of Urgency to Acquire Land in Certain Cases

State: Central

Year: 2013

.....Government, the provisions of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it does so direct, a declaration may be made under section 19 in respect of the land at any time after the date of the publication of the preliminary notification under sub-section (1) of section 11. (5) An additional compensation of seventy-five per cent. of the total compensation as determined under section 27. shall be paid by the Collector in respect of land and property for acquisition of which proceedings have been initiated under sub-section (1) of this section: Provided that no additional compensation will be required to be paid in case the project is one that affects the sovereignty and integrity of India, the security and strategic interests of the State or relations with foreign States.

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Protection of Children from Sexual Offences Act, 2012, (Central) Section 40

Title: Right of Child to Take Assistance of Legal Practitioner

State: Central

Year: 2012

Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973(2 of 1974) the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this Act: Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them.

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Rajiv Gandhi National Institute of Youth Development Act, 2012, (Central) Section 40

Title: Meetings of Academic Council and Finance Committee

State: Central

Year: 2012

The Academic Council and the Finance Committee shall meet at such times and follow such procedure, in its meetings (including quorum at such meetings) as may be provided by the Statutes.

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Finance Act, 2012, (Central) Section 40

Title: Insertion of New Chapter X

State: Central

Year: 2012

.....purpose of obtaining a tax benefit, if the main purpose of a step in, or a part of, the arrangement is to obtain a tax benefit, notwithstanding the fact that the main purpose of the whole arrangement is not to obtain a tax benefit. 97. Arrangement to lack commercial substance.-- (1) An arrangement shall be deemed to lack commercial substance if-- (a) the substance or effect of the arrangement as a whole, is inconsistent with, or differs significantly from, the form of its individual steps or a part; or (b) it involves or includes-- (i) round trip financing; (ii) an accommodating party; (iii) elements that have effect of offsetting or cancelling each other; or (iv) a transaction which is conducted through one or more persons and disguises the value, location, source, ownership or control of funds which is the subject matter of such transaction; or (c) it involves the location of an asset or of a transaction or of the place of residence of any party which is without any substantial commercial purpose other than obtaining a tax benefit (but for the provisions of this Chapter) for a party. (2) For the purposes of sub-section (1), round trip financing includes any.....

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Finance Act, 2011, (Central) Section 40

Title: Amendment of Section 19

State: Central

Year: 2011

In section 19 of the Customs Act, in the proviso, in clause (b), after the words proper officer , the words or the evidence is available shall be inserted.

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