Scheduled Industry - Law Dictionary Search Results
Scheduled industry
Scheduled industry, the expression 'scheduled industry' is not synonymous with the expression 'industrial undertaking'; as the Industrial (Development and Regulations) Act, 1951, has made a distinction between these two and the declaration under s. 2 of the Act applies not only to industrial undertakings but also to other industries. Therefore Parliament was competent to legislate in regard to the subject-matter of the impugned Act, Harakchand Ratanchand Banthia v. Union of India, AIR 1970 SC 1453 (1462): (1969) 2 SCC 166: (1970) 1 SCR 479....
Industrial undertaking
Industrial undertaking, means any undertaking pertaining to a scheduled industry carried on in one or more factories by any company but does not include--(i) an ancillary industrial undertaking as defined in clause (aa) of s. 3 of the Industries (Development and Regulation) Act, 1951; and(ii) a small scale industrial undertaking as defined in clause (j) of the aforesaid s. 3. [Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), s. 3 (1) (f)]Means any undertaking pertaining to a scheduled industry and includes an undertaking engaged in any other industry, or in any trade, business or service which may be regulated by Parliament by law. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1) (b)]Means any undertaking pertaining to a scheduled industry carried on in one or more factories by any person or authority including Government. [Indus-tries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (d)]...
Existing industrial undertaking
Existing industrial undertaking, means--In the case of an industrial undertaking pertaining to any of the industries specified in the First Schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this Act or for the establishment of which effective steps had been taken before such commencement, andIn the case of an industrial undertaking pertaining to any of the industries added to the First Schedule by an amendment thereof, an industrial undertaking which is in existence on the coming into force of such amendment or for the establishment of which effective steps had been taken before the coming into force of such amendment. [Industries (Development and Regulation) Act, 1951, s. 3 (bb) (a) (b)]...
Hazardous process
Hazardous process, means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would--(i) cause material impairment to the health of the persons engaged in or connected therewith, or(ii) result in the pollution or the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule. [Factories Act, 1948 (63 of 1948), s. 2 (cb)]...
Village industry
Village industry, means:(i) any industry located in rural area which produces any goods or renders any service with or without the use of power and in which the fixed capital investment per head of an artisan or a worker does not exceed fifty thousand rupees or such other sum as may, by notification in the Official Gazette, be specified from time to time by the State Govern-ment:Provided that any industry specified in the schedule and located in an area other than a rural area and recognized as a village industry prior to coming into force of this Act shall notwithstanding anything contained in this sub-clause, continue to be a village industry under this Act.(ii) any other non-manufacturing unit established for the sole purpose of promoting, maintaining, assist-ing, servicing (including other units) or managing, any village industry.(iii) Any other industry specified in this behalf by the State Government, by notification in the Official Gazette, in consultation with the Board. [Gujar...
Commercial and industrial monopolies
Commercial and industrial monopolies, The expression 'commercial and industrial monopolies' in Entry 21 in List III of Seventh Schedule is wide enough to include grant or creation of commercial or industrial monopolies to the State and citizens as well as control of monopolies, Ch. Khazan Singh v. State of U.P. AIR 1974 SC 669 (674): (1974) 1 SCC 295: (1974) 2 SCR 562. (Constitution of India, List III, Entry 21)...
Industry
Industry, 'Industrial dispute' and 'workman' taken in the extended significance, or exclude it. Though the word 'undertaking' in definition of industry is wedged in between business and trade on the one hand and manufacture on the other, and though therefore it might mean only a business or trade undertaking, still it must be remembered that if that were so, there was no need to use the word separately from business or trade. The wider import is attracted even more clearly when we look at the latter part of the definition which refers to 'calling, service, employment, or industrial occupation of, avocation of workman. 'Undertak-ing' in the first part of the definition and 'industrial occupation or avocation in the second part obviously mean much more than what is ordinarily understood by trade or business. The definition was apparently intended to include within scope what might not strictly be called a trade or business venture, Bangalore Water Supply and Sewerage Board v. A. Rajappa,...
In accordance with law
In accordance with law, when they used the word 'in accordance with law' in cl. 3 of Schedule 2 of the C.P. and Berar Industrial Disputes Settlement Act, 1947 is used, they did not intend to exclude the law as settled by the Industrial Courts. Provincial Transport Services v. State Industrial Cour,t AIR 1963 SC 114: (1963) 3 SCR 650. [C.P. and Berar Industrial Disputes Settlement Act, 1947 Sch. II, Item 3]...
New article
New article, in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this Act, means--(a) any article which falls under an item in the First Schedule other than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall;(b) any article which bears a mark as defined in the Trade Marks Act, 1940, or which is the subject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (dd)]...
Enterprise
Enterprise, means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control or articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions of subsidiaries, whether such unit or division or subsidiary is located at the same place where the enterprise is located or at a different place or at different places, but does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with atomic energy, currency, defence and space.Explanation.--For the purposes of this clause,--(a) 'activity' includes profession or occupation;(b)...
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