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Start Free TrialArbitration and Conciliation Act, 1996 Section 65
Title: Submission of Statements to Conciliator
State: Central
Year: 1996
(1) The conciliator, upon hisappointment, may request each party to submit to him a brief written statementof his position and the facts and grounds in support thereof, supplement by anydocuments and other evidence that such party deems appropriate. Theparty shall send a copy of such statement, documents and other evidence to theother party. (2) The Conciliator may requesteach party to submit to him a further written statement of his position and thefacts and grounds in support thereof, supplemented by any documents and otherevidence that such party deems appropriate. The party shall send a copyof such statement, documents and other evidence to the other party. (3) At an stage of the conciliationproceedings, the conciliator may request a party to submit to him suchadditional information as he deems appropriate. Explanation.-- Inthis section and all the following sections of this Part, the term"conciliator" applies to a sole conciliator, to or three conciliatorsas the case may be.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 8
Title: Interest Payable on Delay in Payment of Cess
State: Central
Year: 1996
If any employer fails to pay any amount of cess payable under section 3 within the time specified in the order of assessment, such employer shall be liable to pay interest on the amount to be paid at the rate of two per cent, for every month or part of a month comprised in the period from the date on which such payment is due till such amount is actually paid.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 15
Title: Repeat and Saving
State: Central
Year: 1996
(1) The Building and Other Construction Workers Welfare Cess Third Ordinance, 1996 (Ord. 26 of 1996), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 14
Title: Power to Make Rules
State: Central
Year: 1996
.....provide for all or any of the following matters, namely:-- (a) the manner in which and the time within which the cess shall be collected under sub-section (2) of section 3; (b) the rate or rates of advance cess leviable under sub-section (4) of section 3; (c) the particulars of the returns to be furnished, the officer or authority to whom or to which such returns shall be furnished and the manner and time of furnishing such returns under sub-section (1) of section 4; (d) the powers which may be exercised by the officer or authority under section 7: (e) the authority which may impose penalty under section 9; (f) the authority to which an appeal may be filed under sub-section (1) of section 11 and the time within which and the form and manner in which such appeal may be filed; (g) the fees which shall accompany an appeal under sub-section (2) of section 11; and (h) any oilier matter which has to be or may be, prescribed. (3) Even rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive.....
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 13
Title: Offences by Companies
State: Central
Year: 1996
.....liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of; or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,-- (a) "company'' means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 12
Title: Penalty
State: Central
Year: 1996
(1) Whoever, being under an obligation to furnish a return under this act, furnishes any return knowing, or having reason to believe, the same to be false shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever, being liable to pay cess under this Act, wilfully or intentionally evades or attempts to evade the payment of such cess shall be punishable with imprisonment which may extend to six months, or with fine, or with both. (3) No court shall take cognizance of an offence punishable under this section save on a complaint made by or under the authority of the Central Government.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 11
Title: Appeals
State: Central
Year: 1996
(1) Any employer aggrieved by an order of assessment made under section 5 or by an order imposing penalty made under section 9 may, within such time as may be prescribed, appeal to such appellate authority in such form and in such manner as may be prescribed. (2) Every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed. (3) After the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. (4) Every order passed in appeal under this section shall be final and shall not be called in question in any court of law.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 10
Title: Recovery of Amount Due Under the Act
State: Central
Year: 1996
Any amount due under this Act (including any interest or penalty) from an employer may be recovered in the same manner as an arrear of land revenue.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 9
Title: Penalty for Non-payment of Cess Within the Specified Time
State: Central
Year: 1996
If any amount of cess payable by any employer under section 3 is not paid within the date specified in the order of assessment made under section 5, it shall be deemed to be in arrears and the authority prescribed in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess: Provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section.
View Complete Act List Judgments citing this sectionBuilding and Other Construction Workers Welfare Cess Act, 1996 Section 7
Title: Power of Entry
State: Central
Year: 1996
Any officer or authority of the Slate Government specially empowered in this behalf by that Government may-- (a) with such assistance, if any, as he or it may think fit, enter at any reasonable lime any place where he or it considers itnecessary to enter for carrying out the purposes of this Act including verification of the correctness of any particulars furnished by any employer under section 4; (b) do within such place anything necessary for the proper discharge of his or its duties under this Act; and (c) exercise such other powers as may be prescribed.
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