Court : Punjab and Haryana
Reported in : AIR2002P& H112
..... the units are governed by the provisions of the industries (development and regulation) act, 1951 (hereinafter referred as the 1951 act). ..... section 5 of the act provides for the establishment and constitution of the central advisory council. ..... (15) advising on any mattersrelating to the industry (other than remuneration and conditions ofemployment) as to which the central government may request the developmentcouncil to advise an undertaking inquiries for the purpose of enabling thedevelopment council so to advise, and(16) undertaking arrangementsfor making available to the industry information obtained and for advising onmatters, with which the development councils are concerned in the exercise ofany of their functions.52. ..... section 6 makes a similar provision in respect of the constitution of development councils and their functions. ..... (ii) to uplift professionalstandards of the diary industry in all its aspects through the directorate ofdairy development, punjab, the directorate of animal husbandry, the punjabmilkfed and milk plants in the joint sector as well as in the private sector. ..... it is, thus, clear that the functions of the board are not in pith and substance any way different from those assigned to the development councils. ..... section 14 permits the board to delegate its powers and functions to 'any of its functionaries. ..... it also lays down its functions. ..... these have to be necessarily provided by thestate in the discharge of its ordinary functions. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]127STC116(P& H)
..... the units are governed by the provisions of the industries (development and regulation) act, 1951 (hereinafter referred to as 'the 1951 act'). ..... section 5 of the act provides for the establishment and constitution of the central advisory council. ..... (15) advising on any matters relating to theindustry (other than remuneration and conditions of employment) as to whichthe central government may request the development council to advise andundertaking inquiries for the purpose of enabling the development council soto advise, and(16) undertaking arrangements for makingavailable to the industry information obtained and for advising on matters,with which the development councils are concerned in the exercise of any oftheir functions.51. ..... section 6 makes a similar provision in respect of the constitution of development councils and their functions. ..... it is, thus, clear that the functions of the board are not in pith and substance any way different from those assigned to the development councils. ..... the conditions of service of the officers and employees as also their functions and duties can be determined by the board by framing regulations under the act. ..... the second schedule enumerates the functions, which may be assigned to the development councils. ..... section 14 permits the board to delegate its powers and functions to 'any of its functionaries'. ..... it also lays down its functions. ..... these have to be necessarily provided by the state in the discharge of its ordinary functions. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal267
..... sections 5 and 6 of the act of 1951 deal with establishment and constitution of central advisory council and development council and their functions. ..... the oriental gas company limited is a fuel industry engaged in the manufacture and production of gas, and the west bengal legislature has no legislative competence in regard to the said industry since it has been declared by parliament by the industries (development and regulation) act of 1951, being act 65 of 1951, hereinafter referred to as the parliament act of 1951, that it is expedient in the public interest that the union should take under its control the industries specified in the first schedule, and the fuel industry is one of the industries specified in the first schedule to the said ..... the 1951 act is for development and regulation of industries and the state act of 1960 is for taking over the management and control of the oriental gas company, a gas works for supply of gas to various undertakings, hospitals, local authorities and the ..... act of 1951 is an act to provide for the development and regulation of certain industries. ..... contended that the language of section 2 of the act of 1951 was that it is expedient that the union should take under its control the industries and not that the union was by that section clothed with control of the industries. ..... das illustrated with reference to sections 15 and 16, were regulation of production or taking steps to stimulate the development of the industry or control of price.11. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom181; (1983)85BOMLR56; ILR1983Bom1222
..... less than three months and such closure is prejudicial to the concerned scheduled industry and that the financial condition of the said industrial undertaking and the condition of the plant and machinery of the undertaking are such that it is possible to re-start the undertaking and such that it is possible to re-start the undertaking and that such re-starting is necessary in the interest of the general public.now, therefore, in exercise of the powers conferred by clause (b) of subsection (i) of section 18aa of the industries (development and regulation) act, 1951 (65 of 1951), the central government corporation of vidarbha ..... chapter ii makes provision for the establishment, constitution and function of central advisory council and development councils. ..... existence of the abovesaid three circumstances are contained in sub-paras (iii) to (vi) of para 24 of the petition in para 24 (iii) it has been specifically alleged that there could not have been and there was no material before the central government for basing its satisfaction on the said circumstances and referring tothe averments in paras 4 to 15 of the petition of the it has been said that it was abundantly clear that the financial conditions of the partnership firm was 'more .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1984(16)ELT100(AP)
..... conferred by sub-section (1) of section 9 of the industries (development and regulation) act, 1951 (65 of 1951), the central government hereby specifies the classes of goods manufactured or produced wholly or in part of jute in the scheduled industry of textiles as mentioned in column (2) of the table below on which a duty of excise shall be levied and collected as a cess for the purposes of the said act for a period ..... section in respect of the goods manufactured or produced by any scheduled industry or group of scheduled industries to the development council established for that industry or group of industries, and where it does so, the development council shall utilise the said proceeds - (a) to promote scientific and industrial research with reference to the scheduled industry or group of scheduled industries in respect of which the development council is established; (b) to promote improvements in design and quality with reference to the products of such industry or group of industries; (c) to provide for the training of technicians and labour in such industry or group of industries; (d) to meet such expenses in the exercise of its functions and its ..... the central excises and salt act and cess levied under section 9(1) of the industries (development and regulation) act were quite different and they did not constitute the same thing, and merely because exemptions were granted with respect to excise duty under the central excises and salt act with regard to goods and articles, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1813; 1984(32)BLJR393; (1984)3CompLJ249(SC); [1984(49)FLR401]; 1986LabIC382; (1984)IILLJ507SC; 1984(2)SCALE406; 1984(Supp)SCC443; [1985]1SCR751; 1985(17)LC185(SC)
..... it was contended that once a notified order is issued under section 18a of the industries (development and regulation) act, 1951 (idr act short) appointing an authorised controller in respect of an industrial undertaking, it is run by the authorised controller under the authority of a department of the central government and therefore, in view of the provision contained in section 32(iv) of the bonus act its employees are excluded from the application of bonus act and the references must accordingly be rejected.4. ..... (c) the persons, if any, authorised under section 18a to take over the management of an industrial undertaking which is a company shall be for all purposes the directors of industrial undertaking duly constituted under the indian companies act, 1913 (7 of 1913), and shall alone he entitled to exercise all the powers of the directors of the industrial undertaking, whether such powers are derived from the said act or from the memorandum or articles of association of the industrial undertaking or from any other source.10. ..... the fact that the authorised controller is appointed by the central government and that he has to work subject to the directions of the central government does not render the industrial undertaking an agent of the central government and therefore, could not be said to be an establishment engaged in an industry carried on by or under the authority of the central government. .....
Tag this Judgment!Court : Chennai
Reported in : [1992]73CompCas63(Mad)
..... the provisions of the industries (development and regulation) act and in particular sections 10, 11 and 14 were relied on by the learned additional central government standing counsel in connection with the licensing of industries. ..... the fact that the authorities under the industries (development and regulation) act have to give their approval for transfer of the letter of intent does not mean that this court has to implead or hear the industries department, even if it is satisfied that this is a fit case for sanctioning a scheme of amalgamation. ..... as under the provisions of the industries (development and regulation) act, the letter of intent cannot be transferred to another party without the specific approval of the authorities concerned in the said act. 22. ..... the industries (development and regulation) act, 1951, has been enacted only to provide development and regulation of certain industries. ..... it was further argued on behalf of the petitioners that this court in exercise of its discretionary power in the matter when it is satisfactorily established that statutory formalities have been duly carried out in favour of the scheme, should approve the scheme. ..... the powers and functions of the central government under this section have been delegated to the regional directors who are to exercise the same, subject to the control of the company law board (notification g.s.r. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP358
..... of the industries (development and regulation) act, 1951 which provides for levy and collection of cess on all goods manufactured or produced in scheduled industries as may be specified by the central government by an ..... the industries (development and regulation) act. ..... ) held that the object of the industries (development and regulation) act, under which cess is levied is for the purpose of development and regulation of the industries is different from the central excise act as the cess collected has to be handed over by the central government to a development council under s. ..... 6 of that act and the amount has to be utilised for promotion of scientific and industrial research and though jute yarn is an intermediary product, the cess ..... in : 1985(21)elt633(sc) (supra) the supreme court in the context of considering whether calicut special containing 46% of artificial silk at the ntermediary stage and containing more than 60% of rayon silk at the finished product stage is liable to excise duty at intermediate stage held as follows:- 'having regard to tee process involved in the manufacture of 'calicut special' by the respondent we are ..... involved in the instant case after the intermediate stage referred to above formed an integral part of the manufacture of the product in question and the classification of the manufactured product for purposes of excise duty should depend upon its nature and character at its final stage of production unless a contrary intention appears from the statute. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1988(33)ELT317(AP)
..... the cess is levied under section 9(1) of the industries (development and regulation) act, 1951 which provides for levy and collection of cess on all goods manufactured or produced in scheduled industries as may be specified by the central government by an order. ..... the division bench referred to levy on intermediary products held that the principles with regard to levy of excise duty under the central excise act cannot be applied to the levy of cess under section 9(1) of the industries (development and regulation) act. ..... 100 (1 supra) held that the object of the industries (development and regulation) act, under which cess is levied is for the purpose of development and regulation of the industries is different from the central excise act as the cess collected has to be handed over by the central government to a development council under section 6 of that act and the amount has to be utilised for promotion of scientific and industrial research and though jute yarn is an intermediary product, the cess can be levied. ..... the processes involved in the instant case after the intermediate stage referred to about formed an integral part of the manufacture of the product in question and the classification of the manufactured product for purposes of excise duty should depend upon its nature and character at its final stage of production unless a contrary intention appears from the statute. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC614; (1980)2SCC441; [1980]2SCR531
..... ethyl alcohol (price control) order, 1961 which was made by the central government in exercise of the powers conferred on it under section 18(g) of the industries (development and regulation) act, 1951 fixed the maximum ex-distillery price for industrial alcohol and rectified spirit under clause 1 and 2 of the order. ..... ii of the act provides for establishment of central advisory council and development council. ..... second important contention raised by the learned counsel was that after the enactment of industries (development, and regulation) act, 1951 under entry 52 of list 1 by parliament, the union had taken under its control in public interest the industries including the fermentation of industrial alcohol and as such the central government alone is empowered to provide for regulating by licence/permit or otherwise the distribution, transport, disposal, acquisition, possession, use or consumption of any article relatable to a schedule industry as for example denatured spirit or industrial, alcohol.10. ..... he then was summed up the position at page 274 as follows:these unanimous decisions of five constitutional benches uniformly emphasised after a careful consideration of the problem involved that the state has the power to prohibit trades which are injurious to the health and welfare of the public is inherent in the nature of liquor business, that no person has an absolute right to deal in liquor and that all forms of dealings in liquor have, from their inherent nature, been treated .....
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