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Arbitration and Conciliation Act, 1996 Section 83

Title: Removal of Difficulties

State: Central

Year: 1996

(1) If any difficulty arises in giving effect to the provisions of this Act, the central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each Houses of Parliament.

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Building 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.

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Finance Act, 1996 Section 1

Title: Short Title and Commencement

State: Central

Year: 1996

(1)This Act may be called the Finance Act,1996. (2) It shall come into force on the 1st day of April, 1996.

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Building 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(1) The Building and Other Construction Workers Welfare Cess Third Ordinance, 1996 (Ord. 26 of 1996), is hereby repealed.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.

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Building 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.....

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Building 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.

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Building 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.

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Building 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.

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Building 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.

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Building 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.

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