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Start Free TrialProtection of Children from Sexual Offences Act, 2012, (Central) Section 36
Title: Child Not to See Accused at the Time of Testifying
State: Central
Year: 2012
(1) The Special Court shall ensure that the child is not exposed in any way to the accused at the time of recording of the evidence, while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate. (2) For the purposes of sub-section (1), the Special Court may record the statement of a child through video conferencing or by utilising single visibility mirrors or curtains or any other device.
View Complete Act List Judgments citing this sectionBanking Laws (Amendment) Act, 2012, (Central) Section 14
Title: Amendment of Section 56
State: Central
Year: 2012
.....law establishing, constituting or forming the co-operative bank to the extent the provisions of the Companies Act, 1956 are not inconsistent with the provisions of such law. (4) In addition to the matters referred to in the order under sub-section (1) the auditor shall state in his report-- (a) whether or not the information and explanation required by him have been found to be satisfactory; (b) whether or not the transactions of the co-operative bank which came to his notice have been within the powers of the co-operative bank; (c) whether or not the returns received from branch offices of the co-operative bank have been found adequate for the purpose of his audit; (d) whether the profit and loss accounts, shows a true balance or profit or loss for the period covered by such account; (e) any other matter which he considers should be brought to the notice of the Reserve Bank and the shareholders of the co-operative bank." '.
View Complete Act List Judgments citing this sectionFinance Act, 2012, (Central) Section 2
Title: Income
State: Central
Year: 2012
.....been substituted. (3) In cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or section 115JC or sub-section (1A) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act, 1961(43 of 1961) (hereinafter referred to as the Income-tax Act) apply, the tax chargeable shall be determined as provided in that Chapter or that section, and with reference to the rates imposed by sub-section (1) or the rates as specified in that Chapter or section, as the case may be: Provided that the amount of income-tax computed in accordance with the provisions of section 111A or section 112 shall be increased by a surcharge, for purposes of the Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part I of the First Schedule: Provided further that in respect of any income chargeable to tax under sections 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD, 115E or 115JB of the Income-tax Act, the amount of income-tax computed under this sub-section shall be increased by a surcharge, for purposes of the Union, calculated,-- (a) in the case of a domestic company, at the rate of five per cent. of such.....
View Complete Act List Judgments citing this sectionFinance 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.....
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 42
Title: Alternative Punishment
State: Central
Year: 2012
1[Where an act or omission constitutes an offence punishable under this Act and also under sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code (45 of 1860), then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment under this Act or under the Indian Penal Code as provides for punishment which is greater in degree.] ______________________ 1. Substituted by the Criminal Law (Amendment) Act, 2013 (Act No. 13 of 2013) w.e.f. 03.02.2013 for the following : - "Where an act or omission constitute an offence punishable under this Act and also under any other law for the time being in force, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such law or this Act as provides for punishment which is greater in degree."
View Complete Act List Judgments citing this sectionBanking Laws (Amendment) Act, 2012, (Central) Section 6
Title: Amendment of Section 18
State: Central
Year: 2012
In section 18 of the principal Act,-- (i) in sub-section (1),-- (a) for the words "shall maintain in India", the words "shall maintain in India on a daily basis" shall be substituted; (b) for the words "at least three per cent.", the words "such per cent." shall be substituted; (c) after the words "second preceding fortnight", the words "as the Reserve Bank may specify, by notification in the Official Gazette, from time to time, having regard to the needs of securing the monetary stability in the country" shall be inserted; (d) in the Explanation, in clause (a), in sub-clause (ii), the words "or from the Development Bank" shall be omitted; (ii) after sub-section (1), the following sub-sections shall be inserted, namely:-- "(1A) If the balance held by such banking company at the close of business on any day is below the minimum specified under sub-section (1), such banking company shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to the Reserve Bank, in respect of that day, penal interest at a rate of three per cent. above the bank rate on the amount by which such balance falls short of the specified minimum,.....
View Complete Act List Judgments citing this sectionBanking Laws (Amendment) Act, 2012, (Central) Section 9
Title: Insertion of New Section 29a
State: Central
Year: 2012
After section 29 of the principal Act, the following section shall be inserted, namely:-- '29A. Power in respect of associate enterprises-- (1) The Reserve Bank may, at any time, direct a banking company to annex to its financial statements or furnish to it separately, within such time and at such intervals as may be specified by the Reserve Bank, such statements and information relating to the business or affairs of any associate enterprise of the banking company as the Reserve Bank may consider necessary or expedient to obtain for the purpose of this Act. (2) Notwithstanding anything to the contrary contained in the Companies Act, 1956(1 of 1956), the Reserve Bank may, at any time, cause an inspection to be made of any associate enterprise of a banking company and its books of account jointly by one or more of its officers or employees or other persons along with the Board or authority regulating such associate enterprise. (3) The provisions of sub-sections (2) and (3) of section 35 shall apply mutatis mutandis to the inspection under this section. Explanation.--"associate enterprise" in relation to a banking company includes an enterprise which-- (i) is a holding.....
View Complete Act List Judgments citing this sectionBanking Laws (Amendment) Act, 2012, (Central) Schedule
Title: the Schedule
State: Central
Year: 2012
THE SCHEDULE (See section 17) Sl. No. Short Title Amendment 1. The Indian Contracts Act, 1872(9 of 1872). Saving of a guarantee agreement of a bank or a financial institution. In section 28, after Exception 2, the following Exception shall be inserted, namely;-- Exception 3.--This section shall not render illegal a contract in writing by which any bank or financial institution stipulate a term in a guarantee or any agreement making a provision for guarantee for extinguishment of the rights or discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the expiry of a specified period which is not less than one year from the date of occurring or non-occurring of a specified event for extinguishment or discharge of such party from the said liability. Explanation.-- (i) In Exception 3, the expression "bank" means-- (a) a "banking company" as defined in clause (c) of section 5 of the Banking Regulation Act, 1949(10 of 1949); (b) "a corresponding new bank" as defined in clause (da) of section 5 of the Banking Regulation Act, 1949(10 of 1949); (c) "State Bank of India" constituted under section 3 of the State Bank.....
View Complete Act List Judgments citing this sectionAnand Marriage (Amendment) Act, 2012, (Central) Section 3
Title: Insertion of New Section 6
State: Central
Year: 2012
After section 5 of the principal Act, the following section shall be inserted, namely:- "6. Registration of marriages.- (1) For the purposes of facilitation of proof of marriage ceremony (commonly known as Anand Karaj) customary among the Sikhs, the State Government shall, without prejudice to anything contained in the Hindu Marriage Act, 1955 (25 of 1955.) or any other law for the time being in force, make rules providing that the parties to any such marriage [whether solemnized before or after the commencement of the Anand Marriage (Amendment) Act, 2012], may have the particulars relating to their marriage entered, in such manner and subject to such conditions as may be provided in the said rules, in a Marriage Register kept by such officer of the State Government or of a local authority authorised by the State Government, by notification in the Official Gazette, in this behalf. (2) The Marriage Register shall, at all reasonable times, be open for inspection, and shall be admissible as evidence of the statements contained therein and certified extracts therefrom shall, on an application, be given by the Registrar to the parties to the marriage on payment of such fees as.....
View Complete Act List Judgments citing this sectionRajiv Gandhi National Institute of Youth Development Act, 2012, (Central) Section 10
Title: Visitor
State: Central
Year: 2012
(1) The President of India shall be the Visitor of the Institute: Provided that the President may, by order, nominate any person to be the Visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the Visitor. (2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. (3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions within reasonable time.
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