Archives for: "December 2018"
Section 16 : Repeals and savings :
The Essential Commodities Act 1955 Section 16 : Repeals and savings : (1) The following laws are hereby repealed:― (a) the Essential Commodities Ordinance, 1955 (1 of 1955); (b) any other law in force in any State immediately before the commencement of… more »
Section 15A : Prosecution of public servants :
The Essential Commodities Act 1955 Section 15A : 1.[Prosecution of public servants : Where any person who is a public servant is accused of of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his… more »
Section 15 : Protection of action taken under Act :
The Essential Commodities Act 1955 Section 15 : Protection of action taken under Act : (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any… more »
Section 14 : Burden of proof in certain cases :
The Essential Commodities Act 1955 Section 14 : Burden of proof in certain cases : Where a person is prosecuted for contravening any order made under section 3 which prohibits him from doing any act or being in possession of a thing without lawful… more »
Section 13 : Presumption as to orders :
The Essential Commodities Act 1955 Section 13 : Presumption as to orders : Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall presume that such order was so made by… more »
Section 12B : Grant of injunction,.. by civil courts :
The Essential Commodities Act 1955 Section 12B : 1.[Grant of injunction, etc., by civil courts : No civil court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a Public officer… more »
Section 12A : Power to try summarily :
The Essential Commodities Act 1955 Section 12A : 1[Power to try summarily : (1) If the Central Government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of 2.[any essential commodity not being an… more »
Section 12 : Special provision regarding fine :
The Essential Commodities Act 1955 Section 12 : 1.[Special provision regarding fine : Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate, or any… more »
Section 11 : Cognizance of offences :
The Essential Commodities Act 1955 Section 11 : Cognizance of offences : No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public… more »
Section 10C : Presumption of culpable mental state :
The Essential Commodities Act 1955 Section 10C : Presumption of culpable mental state : (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of… more »
Section 10B : Power of court to publish name, place..
The Essential Commodities Act 1955 Section 10B : 1.[Power of court to publish name, place of business, etc., of companies convicted under the Act : (1) Where any company is convicted under this Act, it shall be competent for the court convicting the… more »
Section 10A : Offences to be cognizable :
The Essential Commodities Act 1955 Section 10A : 1.[Offences to be cognizable : Notwithstanding anything contained in 2.[the Code of Criminal Procedure, 1973 (2 of 1974)] every offence punishable under this Act shall be cognizable 3.(***)]. --------- 1.… more »
Section 10 : Offences by companies :
The Essential Commodities Act 1955 Section 10 : Offences by companies : (1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to,… more »
Section 9 : False statement : If any person..
The Essential Commodities Act 1955 Section 9 : False statement : If any person,― (i) when required by any order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any… more »
Section 8 : Attempts and abetment :
The Essential Commodities Act 1955 Section 8 : Attempts and abetment : Any person who attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order. INSTALL Android APP *Note : All… more »
Section 7A : Power of Central Government to recover..
The Essential Commodities Act 1955 Section 7A : 1.[Power of Central Government to recover certain amounts as arrears of land revenue : (1) Where any person, liable to― (a) pay any amount in pursuance of any order made under section 3, or (b) deposit any… more »
Section 7 : Penalties : 1.[(1) If any person..
The Essential Commodities Act 1955 Section 7 : Penalties : 1.[(1) If any person contravenes any order made under Section 3,― (a) he shall be punishable,― (i) in the case of an order made with reference to clause (h) or clause (i) of sub-section (2) of… more »
Section 6E : Bar of jurisdiction in certain cases :
The Essential Commodities Act 1955 Section 6E : 1.[Bar of jurisdiction in certain cases : Whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such… more »
Section 6D : Award of confiscation not to interfere..
The Essential Commodities Act 1955 Section 6D : Award of confiscation not to interfere with other punishments : The award of any confiscation under this Act by the Collector shall not prevent the infliction of any punishment to which the person affected… more »
Section 6C : Appeal : (1) Any person..
The Essential Commodities Act 1955 Section 6C : Appeal : (1) Any person aggrieved by an order of confiscation under section 6A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by… more »
Section 6B : Issue of show cause notice before..
The Essential Commodities Act 1955 Section 6B : Issue of show cause notice before confiscation of food grains, etc : 1.[(1)] No order confiscating 3.[any 4.[essential commodity] package, covering, receptacle, animal, vehicle, vessel or other conveyance]… more »
Section 6A : Confiscation of essential commodity :
The Essential Commodities Act 1955 Section 6A : 1.[Confiscation of essential commodity : 2.[(1)] Where any 3.[essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, 4.[a report of such seizure shall, without… more »
Section 6 : Effect of orders inconsistent with other..
The Essential Commodities Act 1955 Section 6 : Effect of orders inconsistent with other enactments : Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any… more »
Section 5 : Delegation of powers :
The Essential Commodities Act 1955 Section 5 : Delegation of powers : The Central Government may, by notified order, direct that 1.[the power to make orders or issue notifications under section 3] shall, in relation to such matters and subject to such… more »
Section 4 : Imposition of duties on State Governments..
The Essential Commodities Act 1955 Section 4 : Imposition of duties on State Governments, etc : An order made under section 3 may confer powers and impose duties upon the Central Government or the State Government or officers and authorities of Central… more »
Section 3 : Powers to control production, supply...
The Essential Commodities Act 1955 Section 3 : Powers to control production, supply, distribution, etc., of essential commodities : (1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing… more »
Section 2A : Essential commodities declaration etc :
The Essential Commodities Act 1955 Section 2A : 1.[Essential commodities declaration etc : (1) For the purposes of this Act, essential commodity means a commodity specified in the Schedule. (2) Subject to the provisions of sub-section (4), the Central… more »
Section 2 : Definitions : Essential Commodities Act
The Essential Commodities Act 1955 Section 2 : Definitions : In this Act, unless the context otherwise requires,― 1.[(ia) Collector includes an Additional Collector and such other officer, not below the rank of Sub-Divisional Officer, as may be… more »
Section 1: Essential Commodities Act 1955
The Essential Commodities Act 1955 Act No. 10 OF 1955 [1st April, 1955.] An Act to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. BE it… more »
Section 31 : Omission of certain sections of Act 45 of..
The Prevention Of Corruption Act 1988 Section 31 : [Omission of certain sections of Act 45 of 1860] : Rep. by the Repealing and Amending Act, 2001(30 of 2001), s.2 and the First Schedule (w.e.f. 3-9-2001). INSTALL Android APP *Note : All content on… more »
Section 30 : Repeal and saving : (1) The Prevention..
The Prevention Of Corruption Act 1988 Section 30 : Repeal and saving : (1) The Prevention of Corruption Act, 1947 (2 of 1947) and the Criminal Law Amendment Act, 1952 (46 of 1952) are hereby repealed. (2) Notwithstanding such repeal, but without… more »
Section 29A : Power to make rules :
The Prevention Of Corruption Act 1988 Section 29A : 1.[Power to make rules : (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the… more »
Section 29 : Amendment of the Ordinance 38 of 1944 :
The Prevention Of Corruption Act 1988 Section 29 : Amendment of the Ordinance 38 of 1944 : In the Criminal Law Amendment Ordinance, 1944,— (a) in sub-section (1) of section 3, sub-section (1) of section 9, clause (a) of section 10, subsection (1) of… more »
Section 28 : Act to be in addition to any other law :
The Prevention Of Corruption Act 1988 Section 28 : Act to be in addition to any other law : The provisions of this Act shall be in addition to, and not in derogation of, any otherlaw for the time being in force, and nothing contained herein shall exempt… more »
Section 27 : Appeal and revision : Subject to..
The Prevention Of Corruption Act 1988 Section 27 : Appeal and revision : Subject to the provisions of this Act, the High Court may exercise, so far as they may be applicable, all the powers of appeal and revision conferred by the Code of Criminal… more »
Section 26 : Sp..Judges appointed under Act 46 of 1952..
The Prevention Of Corruption Act 1988 Section 26 : Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act : Every special Judge appointed under the Criminal Law Amendment Act, 1952, for any area or areas and is… more »
Section 25 : Military, Naval and Air Force or other law..
The Prevention Of Corruption Act 1988 Section 25 : Military, Naval and Air Force or other law not to be affected : (1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under… more »
Section 24 : Statement by bribe giver not to subject..
The Prevention Of Corruption Act 1988 Section 24 : [Statement by bribe giver not to subject him to prosecution] : Omitted by the Prevention of Corruption (Amendment) Act, 2018 (16 of 2018), s. 17 (w.e.f. 26-7-2018). INSTALL Android APP *Note : All… more »
Section 23 : Particulars in a charge in relation to an..
The Prevention Of Corruption Act 1988 Section 23 : Particulars in a charge in relation to an offence under 1.[section 13(1)(a)] : Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when an accused is charged with an… more »
Section 22 : Code of Criminal Procedure, 1973 to apply..
The Prevention Of Corruption Act 1988 Section 22 : The Code of Criminal Procedure, 1973 to apply subject to certain modifications : The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in their application to any proceeding in… more »
Section 21 : Accused person to be a competent witness :
The Prevention Of Corruption Act 1988 Section 21 : Accused person to be a competent witness : Any person charged with an offence punishable under this Act, shall be a competent witness for the defence and may give evidence on oath in disproof of the… more »
Section 20 : Presumption where public servant accepts..
The Prevention Of Corruption Act 1988 Section 20 : 1.[Presumption where public servant accepts any undue advantage : Where, in any trial of an offence punishable under section 7 or under section 11, it is proved that a public servant accused of an… more »
Section 19 : Previous sanction necessary..prosecution :
The Prevention Of Corruption Act 1988 Chapter V : Sanction For Prosecution And Other Miscellaneous Provisions : Section 19 : Previous sanction necessary for prosecution : (1) No court shall take cognizance of an offence punishable under 1.[sections 7,… more »
Section 18A : Provisions of Criminal Law Amendment..
The Prevention Of Corruption Act 1988 Chapter IVA : 1.[Attachment And Forfeiture Of Property : Section 18A : Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under this Act : (1) Save as otherwise provided under the Prevention… more »
Section 18 : Power to inspect bankers books :
The Prevention Of Corruption Act 1988 Section 18 : Power to inspect bankers books : If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and… more »
Section 17A : Enquiry or Inquiry or investigation..
The Prevention Of Corruption Act 1988 Section 17A : 1.[Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties : No police officer shall conduct… more »
Section 17 : Persons authorised to investigate :
The Prevention Of Corruption Act 1988 Chapter IV : Investigation Into Cases Under The Act : Section 17 : Persons authorised to investigate : Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below… more »
Section 16 : Matters to be taken into ..for fixing fine :
The Prevention Of Corruption Act 1988 Section 16 : Matters to be taken into consideration for fixing fine : Where a sentence of fine is imposed under 1.[section 7 or section 8 or section 9 or section 10 or section 11 or sub-section (2) of section 13 or… more »
Section 15 : Punishment for attempt :
The Prevention Of Corruption Act 1988 Section 15 : Punishment for attempt : Whoever attempts to commit an offence referred to in 1.[clause (a)] of sub-section (1) of section 13 shall be punishable with imprisonment for a term 2.[which shall not be less… more »
Section 14 : Punishment for habitual offender :
The Prevention Of Corruption Act 1988 Section 14 : 1.[Punishment for habitual offender : Whoever convicted of an offence under this Act subsequently commits an offence punishable under this Act, shall be punishable with imprisonment for a term which… more »
Section 13 : Criminal misconduct by a public servant :
The Prevention Of Corruption Act 1988 Section 13 : Criminal misconduct by a public servant : 1.[(1) A public servant is said to commit the offence of criminal misconduct,— (a) if he dishonestly or fraudulently misappropriates or otherwise converts for… more »
Section 12 : Punishment for abetment of offences :
The Prevention Of Corruption Act 1988 Section 12 : 1.[Punishment for abetment of offences : Whoever abets any offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punishable with… more »
Section 11 : Public servant obtaining undue advantage..
The Prevention Of Corruption Act 1988 Section 11 : Public servant obtaining 1.[undue advantage], without consideration from person concerned in proceeding or business transacted by such public servant : Whoever, being a public servant,accepts or obtains… more »
Section 10 : Person in charge of commercial org..
The Prevention Of Corruption Act 1988 Section 10 : Person in charge of commercial organisation to be guilty of offence : Where an offence under section 9 is committed by a commercial organisation, and such offence is proved in the court to have been… more »
Section 9 : Offence relating to..commercial organisation :
The Prevention Of Corruption Act 1988 Section 9 : Offence relating to bribing a public servant by a commercial organisation : (1) Where an offence under this Act has been committed by a commercial organisation, such organisation shall be punishable with… more »
Section 8 : Offence relating to bribing..public servant :
The Prevention Of Corruption Act 1988 Section 8 : Offence relating to bribing of a public servant : (1) Any person who gives or promises to give an undue advantage to another person or persons, with intention— (i) to induce a public servant to perform… more »
Section 7A : Taking undue advantage to influence public..
The Prevention Of Corruption Act 1988 Section 7A : Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence : Whoever accepts or obtains or attempts to obtain from another person for himself or… more »
Section 7 : Offence relating to public servant being..
The Prevention Of Corruption Act 1988 Chapter III : Offences And Penalties : Section 7 : 1.[Offence relating to public servant being bribed : Any public servant who,— (a) obtains or accepts or attempts to obtain from any person, an undue advantage, with… more »
Section 6 : Power to try summarily :
The Prevention Of Corruption Act 1988 Section 6 : Power to try summarily : (1) Where a special Judge tries any offence specified in sub-section (1) of section 3, alleged to have been committed by a public servant in relation to the contravention of any… more »
Section 5 : Procedure and powers of special Judge :
The Prevention Of Corruption Act 1988 Section 5 : Procedure and powers of special Judge : (1) A special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the… more »
Section 4 : Cases triable by special Judges :
The Prevention Of Corruption Act 1988 Section 4 : Cases triable by special Judges : (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in… more »
Section 3 : Power to appoint special Judges :
The Prevention Of Corruption Act 1988 Chapter II : Appointment Of Special Judges : Section 3 : Power to appoint special Judges : (1) The Central Government or the State Government may, by notification in the Official Gazette, appoint as many special… more »
Section 2 : Definitions : Acb act 1988
The Prevention Of Corruption Act 1988 Section 2 : Definitions : In this Act, unless the context otherwise requires,— (a) election means any election, by whatever means held under any law for the purpose of selecting members of Parliament or of any… more »
Section 1 : ACB Act 1988 | Prevention of Corruption Act..
The Prevention Of Corruption Act 1988 (49 of 1988) [9th September, 1988.] An Act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. Statement of Objects and Reasons : The Bill is intended to… more »