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Academy of Scientific and Innovative Research, 2011 | 7 | The Academy of Scientific and Innovative Research, 2011
7. Transfer of assets, liabilities, etc., of existing Academy to Academy established under this Act and other provisions, etc.-
(1) On and from the date of establishment of the Academy,-
(a) any reference to the existing Academy in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Academy;
(b) all properties and assets, movable and immovable, of, or belonging to, the existing Academy, shall vest in the Academy;
(c) all rights and liabilities of the existing Academy shall be transferred to, and be the rights and liabilities of, the Academy;
(d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing Academy immediately before that date, for or in connection with the purpose of the said existing Academy shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Academy;
(e) all sums of money due to the existing Academy immediately before that date shall be deemed to be due to the Academy;
(f) all suits and other legal proceedings instituted or which could have been instituted by or against the existing Academy immediately before that date may be continued or may be instituted by or against the Academy;
(g) every employee (including those appointed for imparting instruction or conducting research in the existing Academy) holding any office under the existing Academy or teaching therein immediately before that date shall hold his office in the Academy or continue teaching therein by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Academy had not been established and shall continue to do so as an employee of the Academy or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Academy within such period.
(2) Any person pursuing any academic or research course, before the commencement of this Act, in the existing Academy for award of any degree or diploma or certificate shall be entitled to pursue such academic or research course after the establishment of the Academy under this Act and be registered with the said Academy for grant of the same degree or diploma or certificate by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act at the same level of study in the existing Academy from which such person migrated.
(3) Any person, who immediately before the commencement of this Act, had been awarded a degree or diploma or certificate for having qualified any course by the existing Academy, shall be entitled to award of equivalent degree or diploma by the Academy subject to approval by the Board of the Academy.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the Academy in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority. |
Academy of Scientific and Innovative Research, 2011 | 8 | The Academy of Scientific and Innovative Research, 2011
8. Functions and powers of Academy.-
(1) The Academy shall discharge its functions and exercise the following powers, namely:-
(i) to provide for instructions and conduct research in such branches of learning like natural sciences, life sciences, mathematical and computational sciences, medical sciences, engineering, applied art, humanities, social sciences, law relating to these areas and interfaces thereof, and in particular, in inter-disciplinary and multi-disciplinary areas of these branches, and in all such areas as may emerge in future and other emerging areas of knowledge, as the Academy may from time to time determine and make provision for advancement and dissemination of knowledge;
(ii)to lay administrative standards and structures and decide on all matters of creation of posts, laying down standards for recruitment, determining compensation packages, and contractual arrangements;
(iii)to design its curriculum and pedagogy for award of diplomas or certificates and confer degrees or other academic distinctions as it may deem fit;
(iv) to grant, subject to such conditions as the Academy may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of such methods of evaluation and to hold its examinations, as the Academy may, from time to time, determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(v) to frame Statutes and Ordinances and to alter, modify or rescind the same;
(vi) toorganise and undertake extramural studies, training and extension services;
(vii) to confer honorary degrees or other distinctions;
(viii) to provide distance education in such branches of learning and to such persons as it may determine;
(ix) to institute professorships, associate professorships and assistant professorships including Academy Professors, Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, or visiting positions and other teaching or academic or other positions, required by the Academy and to make appointments to such positions;
(x) to appoint persons from any other university, or institution, or industry, or persons of eminence from appropriate fields of studies, including those outside the country, as Faculty of the Academy;
(xi) to create administrative, ministerial and other posts and to make appointments thereto;
(xii) to co-operate or collaborate or associate with any body including, any university or institution, or industry, located in India or outside India;
(xiii) to establish such centres and specialised laboratories or other units for research and instruction as may be required;
(xiv) to set up schools, centres and campuses and function therefrom or conduct classes from any place of its choice, including the premises of laboratories or other centres of the Council of Scientific and Industrial Research;
(xv) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xvi) to conduct research, advisory and consultancy services with or for any entity, public or private, whether in India or outside India, which are in conformity with the spirit and object of the Academy;
(xvii) to engage scientists of the Council of Scientific and Industrial Research as Faculty in imparting instruction and conducting research in the Academy;
(xviii) to establish, maintain and manage institutions and hostels for residence of students or establish and maintain such institutions through the Council of Scientific and Industrial Research or any other body;
(xix) to fix, demand and receive payment of fees and other charges;
(xx) to determine the standards of admission to the Academy, which may include examination, other innovative models of testing or evaluation;
(xxi) to supervise the residences of the students of the Academy and to make arrangements for promoting their health, general welfare, cultural and corporate life;
(xxii) to lay down conditions of service for all categories of employees, including their code of conduct;
(xxiii) to regulate and enforce discipline, among the students and employees and to take such disciplinary measures in this regard as may be necessary;
(xxiv) to make arrangements for promoting the health and general welfare of the employees;
(xxv) to receive grants, benefactions, donations, gifts, bequests and transfer or acquire, hold and manage and dispose of any property movable or immovable, including trust and endowment properties for the purposes of the Academy:
Provided that no such grants, benefactions, donations, gifts, bequests and transfer shall be accepted by the Academy which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this Act;
(xxvi) to borrow, on the security of property of the Academy or otherwise, money for the purposes of the Academy or utilise its property for such purposes as are in conformity with the spirit and object of this Act;
(xxvii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
(2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the Academy to maintain an all India character and high standards of teaching and research, and, the Academy shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:-
(i) subject to the provisions of section 9, the admission of students shall be made on merit;
(ii) continuous evaluation or other innovative methods of evaluation and choice based credit system may be introduced and the Academy may enter into agreements with other universities and academic institutions in India or outside India for credit transfer and joint degree programmes;
(iii) innovative courses and programmes of studies shall be introduced with a provision for periodic review and restructuring;
(iv) the imparting of instruction shall be, as far as may be, through use of modern techniques or technologies;
(v) the systems and structures of the Academy should be flexible to adapt to the requirements of multi-disciplinary and inter-disciplinary studies;
(vi) active participation of students may be ensured in governance of academic matters of the Academy. |
Academy of Scientific and Innovative Research, 2011 | 9 | The Academy of Scientific and Innovative Research, 2011
9. Academy open to all castes, creed, race or class.-
(1) The Academy shall be open to all persons, of either sex, irrespective of caste, creed, race or class, and it shall not be lawful for the Academy to adopt or impose on any person, any test whatsoever of religious belief or profession in order to be entitled to be appointed as a Faculty of the Academy or to hold any other office therein, or to be employed therein or to be admitted as a student in the Academy or to graduate thereat or to enjoy or exercise any privilege thereof.
(2) The Academy shall make special provision for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens and any exemption from making such reservation under the proviso to clause (b) of section 4 of the Central Educational Institutions (Reservation in Admission) Act, 2006 (5 of 2007) shall not be applicable to the Academy:
Provided that no such special provision shall be made on the ground of domicile. |
Acquired Territories (Merger) Act, 1960 | 1 | 1. Short title.-
This Act may be called the Acquired Territories (Merger) Act, 1960. |
Acquired Territories (Merger) Act, 1960 | 10 | 10. Power to name authorities for exercising statutory functions.-
The State Government concerned, as respects the acquired territories included in that State, may, by notification in the Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions, exercisable under any law in force on that day in those territories, as may be mentioned in that notification and such law shall have effect accordingly. |
Acquired Territories (Merger) Act, 1960 | 11 | 11. Power to remove difficulties.-
(1) If any difficulty arises in relation to the transition from any corresponding law to any law which by virtue of section 9 shall, as from the appointed day, extend to, or come into force in, the acquired territories, the Central Government may, by order notified in the Official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from any corresponding law) or in connection with the administration of the acquired territories as a part of the State in which they are included, the State Government concerned may, by order in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.
(3) No power under sub-section (1) or sub-section (2) shall be exercised by the Central Government or, as the case may be, the State Government after the expiry of three years from the appointed day.
(4) Any order made under sub-section (1) or sub-section (2) may be so made as to be retrospective to any date not earlier than the appointed day. 6 |
Acquired Territories (Merger) Act, 1960 | 2 | 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "acquired territories" mean so much of the territories comprised in the Indo-Pakistan agreements and referred to in the First Schedule as are demarcated for the purpose of being acquired by India in pursuance of the said agreements;
(b) "appointed day" means such date1 as the Central Government may, by notification in the Official Gazette, appoint for the merger of the acquired territories under section 3, after causing the territories to be so acquired demarcated for the purpose, and different dates may be appointed for the merger of such territories into different States;
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "Indo-Pakistan agreements" mean the Agreements dated the 10th day of September, 1958, the 23rd day of October, 1959 and the 11th day of January, 1960 entered into between the Governments of India and Pakistan, the relevant extracts of which are set out in the Second Schedule;
(e) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the acquired territory;
(f) "sitting member", in relation to either House of Parliament or of the Legislature of a State, means a person who, immediately before the appointed day, is a member of that House;
(g) "State concerned", in relation to the acquired territories referred to in Part I, Part II and Part III of the First Schedule, means, respectively, the State of Assam, the State of Punjab and the State of West Bengal; and "State Government concerned" shall be construed accordingly;
(h) "Union purposes" mean the purposes of Government relatable to any of the matters mentioned in List I of the Seventh Schedule to the Constitution. |
Acquired Territories (Merger) Act, 1960 | 3 | 3. Merger of acquired territories.-
(1) As from the appointed day, the acquired territories referred to in Part I, Part II and Part III of the First Schedule shall, respectively be included in, and form part of the States of Assam, Punjab and West Bengal.
(2) As from the appointed day, the State Government concerned shall, by order in the Official Gazette, provide for the administration of the acquired territories included in that State by including them or any part of them in such district, sub-division, police station or other administrative unit as may be specified in the order.
1. 17th January, 1961, vide notification No. G.S.R. 74, dated 14th January, 1961, see Gazette of India, Extraordinary, Part II, sec. 3(i). |
Acquired Territories (Merger) Act, 1960 | 4 | 4. Amendment of the First Schedule to the Constitution.-
As from the appointed day, in the First Schedule to the Constitution,-
(a) in the paragraph relating to the territories of the State of Assam, after the words "the Assam Tribal Areas", the words, figures and brackets "and the territories referred to in Part I of the First Schedule to the Acquired Territories (Merger) Act, 1960" shall be inserted;
(b) in the paragraph relating to the territories of the State of Punjab, after the words and figures "the States Reorganisation Act, 1956 (37 of 1956)", the words, figures and brackets "and the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 1960" shall be inserted;
(c) in the paragraph relating to the territories of the State of West Bengal, after the words, brackets and figures "the Bihar and West Bengal (Transfer of Territories) Act, 1956 (40 of 1956)", the words, figures and brackets "and the territories referred to in Part III of the First Schedule to the Acquired Territories (Merger) Act, 1960" shall be inserted. |
Acquired Territories (Merger) Act, 1960 | 5 | 5. Construction of references to existing constituencies.-
As from the appointed day,-
(a) any reference in the Delimitation of Parliamentary and Assembly Constituencies Order, 1956,-
(i) to the State of Assam or Punjab or West Bengal, shall be construed as including that part of the acquired territory which is included in that State;
(ii) to any district, sub-division, police station or other administrative unit, shall be construed as including that part of the acquired territory, if any, which is included in that district, sub-division, police station or other administrative unit, by order made under sub-section (2) of section 3;
(b) any reference in the Delimitation of Council Constituencies (Punjab) Order, 1951-
(i) to the State of Punjab, shall be construed as including that part of the acquired territory which is included in that State;
(ii) to any district, shall be construed as including that part of the acquired territory, if any, which is included in that district, by order made under sub-section (2) of section 3;
(c) any reference in the Delimitation of Council Constituencies (West Bengal) Order, 1951-
(i) to the State of West Bengal, shall be construed as including that part of the acquired territory which is included in that State;
(ii) to any division or district, shall be construed as including the acquired territory, if any, which is included in that division or district, by order made under sub-section (2) of section 3. |
Acquired Territories (Merger) Act, 1960 | 6 | 6. Provisions as to sitting members.-
(1) Every sitting member of the House of the People representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to that House by that constituency as so altered.
(2) Every sitting member of the Legislative Assembly of the State of Assam or Punjab or West Bengal representing any assembly constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to the said Legislative Assembly by that constituency as so altered.
(3) Every sitting member of the Legislative Council of Punjab or West Bengal representing any Council constituency the extent of which has been altered by virtue of the provisions of this Act, shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to the said Legislative Council by that constituency as so altered. |
Acquired Territories (Merger) Act, 1960 | 7 | 7. Property and assets.-
(1) All property and assets within the acquired territories which immediately before the appointed day, are vested in Pakistan or in the Province of East Pakistan or the Province of West Pakistan shall, as from that day,-
(a) where such property and assets are relatable to Union purposes, vest in the Union;
(b) in any other case, vest in the State concerned in which the acquired territories are included.
(2) A certificate of the Central Government signed by a Secretary to that Government shall be conclusive as to whether the purposes for which any property or assets are held, immediately before the appointed day, are Union purposes. |
Acquired Territories (Merger) Act, 1960 | 8 | 8. Appropriation of moneys for expenditure in acquired territories.-
(1) As from the appointed day, any Act passed by the Legislature of the State of Assam or Punjab or West Bengal before that day for the appropriation of any moneys out of the Consolidated Fund of that State to meet any expenditure in respect of any part of the financial year 1960-61, shall have effect also in relation to the acquired territories included in that State and it shall be lawful for the State Government concerned to spend any amount in respect of those territories out of the amount authorised by such Act to be expenditure for any service in that State.
(2) The Governor of the State concerned may, after the appointed day, authorise such expenditure from the Consolidated Fund of that State as he deems necessary for any purpose or service in the acquired territories included in that State for a period of not more than three months beginning with the appointed day pending the sanction of such expenditure by the Legislature of that State. |
Acquired Territories (Merger) Act, 1960 | 9 | 9. Extension of laws.-
All laws in force in the acquired territories immediately before the appointed day shall, as from that day, cease to be in force in those territories and all laws in force generally in the State concerned in which the acquired territories are included shall, as from that day, extend to, or as the case may be, come into force in, those territories:
Provided that anything done or any action taken before the appointed day under any law in force in the acquired territories shall be deemed to have been done or taken, as from the appointed day, under the corresponding law extended to, and in force, in those territories. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 1 | The Acquisition of Certain Area at Ayodhya Act, 1993
Chapter I
Preliminary
1. Short title and commencement.-
(1) This Act may be called the Acquisition of Certain Area at Ayodhya Act, 1993.
(2) It shall be deemed to have come into force on the 7th day of January, 1993. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 10 | The Acquisition of Certain Area at Ayodhya Act, 1993
10. Penalties.-
Any person who is in charge of the management of the area and fails to deliver to the Central Government or the authorised person any asset, register or other document in his custody relating to such area or, as the case may be, authenticated copies of such register or document, shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 11 | The Acquisition of Certain Area at Ayodhya Act, 1993
11. Protection of action taken in good faith.-
No suit, prosecution or other legal proceeding shall lie against the Central Government or the authorised person or any of the officers or other employees of that Government or the authorised person for anything which is in good faith done or intended to be done under this Act. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 12 | The Acquisition of Certain Area at Ayodhya Act, 1993
12. Power to make rules.-
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made by the Central Government 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 sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 13 | The Acquisition of Certain Area at Ayodhya Act, 1993
13. Repeal and saving.-
(1) Subject to the provisions of sub-section (2), the Acquisition of Certain Area at Ayodhya Ordinance, 1993 ( Ord. 8 of 1993), is hereby repealed.
(2) Notwithstanding anything contained in the said Ordinance,-
(a) the right, title and interest in relation to plot No. 242 situated in village Kot Ramchandra specified against Sl. No. 1 of the Schedule to the said Ordinance shall be deemed never to have been transferred to, and vested in, the Central Government;
(b) any suit, appeal or other proceeding in respect of the right, title and interest relating to the said plot No. 242, pending before any court, tribunal or other authority, shall be deemed never to have abated and such suit, appeal or other proceeding (including the orders or interim orders of any court thereon) shall be deemed to have been restored to the position existing immediately before the commencement of the said Ordinance;
(c) any other action taken or thing done under that Ordinance in relation to the said plot No. 242 shall be deemed never to have been taken or done.
(3) 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. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 2 | The Acquisition of Certain Area at Ayodhya Act, 1993
2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "area" means the area (including all the buildings, structures or other properties comprised therein) specified in the Schedule;
(b) "authorised person" means a person or body of persons or trustees of any trust authorised by the Central Government under section 7;
(c) "Claims Commissioner" means the Claims Commissioner appointed under sub-section (2) of section 8;
(d) "prescribed" means prescribed by rules made under this Act. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 3 | The Acquisition of Certain Area at Ayodhya Act, 1993
Chapter II
Acquisition of The Area in Ayodhya
3. Acquisition of rights in respect of certain area.-
On and from the commencement of this Act, the right, title and interest in relation to the area shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 4 | The Acquisition of Certain Area at Ayodhya Act, 1993
4. General effect of vesting.-
(1) The area shall be deemed to include all assets, rights, leaseholds, powers, authority and privileges and all property, movable and immovable, including lands, buildings, structures, shops of whatever nature or other properties and all other rights and interests in, or arising out of, such properties as were immediately before the commencement of this Act in the ownership, possession, power or control of any person or the State Government of Uttar Pradesh, as the case may be, and all registers, maps, plans, drawings and other documents of whatever nature relating thereto.
(2) All properties aforesaid which have vested in the Central Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them and any attachment, injunction, decree or order of any court or tribunal or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall cease to have any effect.
(3) If, on the commencement of this Act, any suit, appeal or other proceeding in respect of the right, title and interest relating to any property which has vested in the Central Government under section 3, is pending before any court, tribunal or other authority, the same shall abate. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 5 | The Acquisition of Certain Area at Ayodhya Act, 1993
5. Duty of person or State Government in charge of the management of the area to deliver all assets, etc.-
(1) The Central Government may take all necessary steps to secure possession of the area which is vested in that Government under section 3.
(2) On the vesting of the area in the Central Government under section 3, the person or State Government of Uttar Pradesh, as the case may be, in charge of the management of the area immediately before such vesting shall be bound to deliver to the Central Government or the authorised person, all assets, registers and other documents in their custody relating to such vesting or where it is not practicable to deliver such registers or documents, the copies of such registers or documents authenticated in the prescribed manner. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 6 | The Acquisition of Certain Area at Ayodhya Act, 1993
6. Power of Central Government to direct vesting of the area in another authority or body or trust.-
(1) Notwithstanding anything contained in sections 3, 4, 5 and 7, the Central Government may, if it is satisfied that any authority or other body, or trustees of any trust, set up on or after the commencement of this Act is or are willing to comply with such terms and conditions as that Government may think fit to impose, direct by notification in the Official Gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the Central Government, vest in that authority or body or trustees of that trust either on the date of the notification or on such later date as may be specified in the notification.
(2) When any right, title and interest in relation to the area or part thereof vest in the authority or body or trustees referred to in sub-section (1), such rights of the Central Government in relation to such area or part thereof, shall, on and from the date of such vesting, be deemed to have become the rights of that authority or body or trustees of that trust.
(3) The provisions of sections 4, 5, 7 and 11 shall, so far as may be, apply in relation to such authority or body or trustees as they apply in relation to the Central Government and for this purpose references therein to the Central Government shall be construed as references to such authority or body or trustees. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 7 | The Acquisition of Certain Area at Ayodhya Act, 1993
Chapter III
Management and Administration of Property
7. Management of property by Government.-
(1) Notwithstanding anything contained in any contract or instrument or order of any court, tribunal or other authority to the contrary, on and from the commencement of this Act, the property vested in the Central Government under section 3 shall be managed by the Central Government or by a person or body of persons or trustees of any trust authorised by that Government in this behalf.
(2) In managing the property vested in the Central Government under section 3, the Central Government or the authorised person shall ensure that the position existing before the commencement of this Act in the area on which the structure (including the premises of the inner and outer courtyards of such structure), commonly known as the Ram Janma Bhumi-Babri Masjid, stood in village Kot Ramchandra in Ayodhya, in Pargana Haveli Avadh, in tehsil Faizabad Sadar, in the district of Faizabad of the State of Uttar Pradesh is maintained. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 8 | The Acquisition of Certain Area at Ayodhya Act, 1993
Chapter IV
Miscellaneous
8. Payment of amount.-
(1) The owner of any land, building, structure or other property comprised in the area shall be given by the Central Government, for the transfer to and vesting in that Government under section 3 of that land, building, structure or other property, in cash an amount equivalent to the market value of the land, building, structure or other property.
(2) The Central Government shall, for the purpose of deciding the claim of the owner or any person having a claim against the owner under sub-section (1), by notification in the Official Gazette, appoint a Claims Commissioner.
(3) The Claims Commissioner shall regulate his own procedure for receiving and deciding the claims.
(4) The owner or any person having a claim against the owner may make a claim to the Claims Commissioner within a period of ninety days from the date of commencement of this Act:
Provided that if the Claims Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of ninety days, the Claims Commissioner may entertain the claim within a further period of ninety days and not thereafter. |
Acquisition of Certain Area at Ayodhya Act, 1993 | 9 | The Acquisition of Certain Area at Ayodhya Act, 1993
9. Act to override all other enactments.-
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act or any decree or order of any court, tribunal or other authority. |
Actuaries Act, 2006 | 1 | The Actuaries Act, 2006
Chapter I Preliminary
1. Short title,
extent and commencement -
1.
This
Act may be called the Actuaries Act, 2006.
2.
It
extends to the whole of India.
3.
It
shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint:
Provided that
different dates may be appointed for different provisions of this Act and any
reference in any such provision to the commencement of this Act shall be
construed as a reference to the commencement of that provision. |
Actuaries Act, 2006 | 10 | The Actuaries Act, 2006
10. Members to be
known as Actuaries. -
Every member of the
Institute in practice shall, and any other member may, use the designation of
an Actuary and no member using such designation shall use any other description
whether in addition thereto or in substitution there for:
Provided that nothing
contained in this section shall be deemed to prohibit any such member from
adding any other description or letters to his name, if entitled thereto, to
indicate membership of such other Institute, whether in India or elsewhere, as
may be recognised in this behalf by the Council, or any other qualification
that he may possess, or to prohibit a firm, all the partners of which are
members of the Institute and in practice, from being known by its firm name as
Actuaries. |
Actuaries Act, 2006 | 11 | The Actuaries Act, 2006
11.
Disqualifications. -
Notwithstanding
anything contained in section 6, a person shall not be entitled to have his
name entered in, or borne on, the register if he-
a.
has
not attained the age of twenty-one years at the time of his application for the
entry of his name in the register; or
b.
is
of unsound mind and stands so adjudged by a competent court; or
c.
is
an undischarged insolvent; or
d.
being
a discharged insolvent, has not obtained from the court a certificate stating
that his insolvency was caused by misfortune and without any misconduct on his
part; or
e.
has
been convicted by a competent court whether within or outside India, of an
offence involving moral turpitude and punishable with imprisonment or of an
offence, not of a technical nature, committed by him in his professional
capacity unless in respect of the offence committed he has either been granted
a pardon or, on an application made by him in this behalf, the Central
Government has, by an order in writing, removed the disqualification; or
f.
has
been removed from the membership of the Institute on being found on inquiry to
have been guilty of a professional or other misconduct: Provided that a person
who has been removed from the membership for a specified period shall not be
entitled to have his name entered in the Register until the expiry of such
period. |
Actuaries Act, 2006 | 12 | The Actuaries Act, 2006
12. Composition of
Council of Institute. -.
1.
There
shall be a Council of the Institute for the management of the affairs of the
Institute and for discharging the functions assigned to it by or under this
Act.
2.
The
Council shall be composed of the following persons, namely:-
a. a minimum of nine and
not more than twelve persons from amongst fellow members to be elected by the
fellow and the associate members of the Institute in such manner as may be
prescribed: Provided that a fellow of the Institute, who has been found guilty
of any professional or other misconduct and whose name is removed from the
Register or has been awarded penalty of fine, shall not be eligible to contest
election,-
i.
in
case of misconduct falling under the Schedule of this Act [except Part IV(B)],
for a period of three years; or
ii.
in
case of misconduct falling under Part IV(B) of the Schedule of this Act, for a
period of six years, after the completion of the period of removal of name of
the fellow from the Register or the payment of fine is made, as the case may
be; and
a.
b.
i.
an
officer not below the rank of Joint Secretary to the Government of India, to be
nominated by the Central Government to represent the Ministry of Finance;
ii.
one
person from the Insurance Regulatory and Development Authority constituted
under the Insurance Regulatory and Development Authority Act, 1999 nominated by
the Central Government; and
iii.
not
more than two persons having knowledge in the field of life insurance, general
insurance, finance, economics, law, accountancy or any other discipline which
in the opinion of the Central Government, would be useful to the Council, to be
nominated in such manner as may be prescribed: Provided that till such time as
the Council is constituted under this Act, the Executive Committee of the
Actuarial Society shall discharge all the functions and shall have all the
powers of the Council.
1.
2.
3.
No
person holding a post under the Central Government or a State Government, as
the case may be, shall be eligible for election to the Council under clause (a)
of sub-section (2).
4.
One-third
of the members of the Council referred to in clause (a) of sub-section (2)
shall retire as soon as may be on the expiration of every second year by
rotation but shall be eligible for re-election.
5.
Any
person nominated under clause (b) of sub-section (2) shall hold office for a
period of six years from the date of his nomination unless he is removed
earlier by the Central Government and shall be eligible for re-nomination:
Provided that he shall be given an opportunity of being heard before such
removal. |
Actuaries Act, 2006 | 13 | The Actuaries Act, 2006
13. Annual general
meetings. -
The Council shall
every year hold an annual general meeting of the Institute to elect its members
under clause (a) of sub-section (2) of section 12, or to discuss any matter
which it deems fit, and not more than fifteen months shall elapse between the
date of one annual general meeting of the Institute and that of the next: Provided
that from the appointed day the Institute may hold its first annual general
meeting within a period of not more than eighteen months and if such general
meeting is held within that period, it shall not be necessary for the Institute
to hold any general meeting in that year: Provided further that the Central
Government may, for sufficient reasons, extend the time within which any
general meeting shall be held. |
Actuaries Act, 2006 | 14 | The Actuaries Act, 2006
14. Re-election to
Council. -
1.
Subject
to the provisions of sub-section (2), a member of the Council elected under
clause (a) of sub- section (2) of section 12 shall be eligible for re-election
but not for more than two consecutive terms.
2.
A
member of the Council, who is or has been elected, as the President under
sub-section (1) of section 17, shall not be eligible for election or nomination
as a member of the Council. |
Actuaries Act, 2006 | 15 | The Actuaries Act, 2006
15. Settlement of
disputes regarding election. -
In case of any
dispute regarding any election under clause (a) of sub-section (2) of section
12, the aggrieved person may make an application within thirty days from the
date of the declaration of the result of the election to the Council which
shall forward the same forthwith to the Central Government. |
Actuaries Act, 2006 | 16 | The Actuaries Act, 2006
16. Establishment of
Tribunal. -
1.
On
receipt of any application under section 15, the Central Government shall, by
notification, establish a Tribunal consisting of a Presiding Officer and two
other Members to decide such dispute and the decision of such Tribunal shall be
final.
2.
A
person shall not be qualified for appointment,-
a. as a Presiding
Officer of the Tribunal unless he has been a member of the Indian Legal Service
and has held a post in Grade I of the service for at least three years;
b. as a Member unless he
has been a member of the Council for at least one full term and who is not a
sitting Member of the Council or who has not been a candidate in the election
under dispute; and
c. as a Member unless he
holds the post of a Joint Secretary to the Government of India or any other
post under the Central Government carrying a scale of pay which is not less
than that of a Joint Secretary to the Government of India.
1.
2.
3.
The
terms and conditions of service of the Presiding Officer and Members of the
Tribunal, their place of meetings, remuneration and allowances shall be such as
may be prescribed.
4.
The
expenses of the Tribunal shall be borne by the Council. |
Actuaries Act, 2006 | 17 | The Actuaries Act, 2006
17. President,
Vice-President and Honorary Secretary. -
1.
The
Council shall, at its first meeting, elect three of its members from amongst
persons referred to in clause (a) of sub-section (2) of section 12, to be
respectively the President, Vice-President and Honorary Secretary thereof, and
as often as the office of the President, Vice-President and Honorary Secretary
falls vacant, the Council shall choose one of the member in the same manner:
Provided that the Chairperson of the Council of the Actuarial Society shall
continue to hold such office as President after the commencement of this Act,
until such time as a President is elected under the provisions of this
sub-section.
2.
The
President shall be the Chief Executive Officer of the Council.
3.
The
President, the Vice-President or the Honorary Secretary shall hold office for a
period of two years from the date on which he is chosen provided that he
continues to be a member of the Council.
4.
The
President and the Vice-President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his office.
5.
In
the event of occurrence of any vacancy in the office of the President, the
Vice-President shall act as the President until a new President is elected in
accordance with the provisions of this section to fill such vacancy and enters
upon his office.
6.
When
the President is unable to discharge his functions owing to absence, illness or
any other cause, the Vice-President shall discharge his functions until the
President resumes his duties. |
Actuaries Act, 2006 | 18 | The Actuaries Act, 2006
18. Resignation from
membership and filling up of casual vacancies. -
1.
Any
member of the Council may at any time resign his membership by writing under
his hand addressed to the President, and the seat of such member shall become
vacant when such resignation is accepted and notified by the Council.
2.
A
member of the Council, other than a member nominated under clause (b) of
sub-section (2) of section 12 shall be deemed to have vacated his seat if he is
declared by the Council to have been absent without sufficient reason from
three consecutive meetings of the Council, or of any of the Committees
constituted by the Council, and of which he is a member or he has been found
guilty of any professional or other misconduct and awarded penalty of fine or if
his name is, for any cause, removed from the register under the provisions of
sections 24 and 30.
3.
A
casual vacancy in the office of a member of the Council shall be filled by
fresh election or by nomination by the Central Government, as the case may be,
and the person elected or nominated to fill the vacancy shall hold office only
for the remainder of the term for which the member in whose place he was
elected or nominated would have held that office: Provided that no election
shall be held to fill a casual vacancy occurring within one year prior to the
date of the expiration of the term of such member.
4.
No
act done by the Council shall be called in question on the ground merely of the
existence of any vacancy in, or defect in the constitution of the Council. |
Actuaries Act, 2006 | 19 | The Actuaries Act, 2006
19. Functions of
Council. -
1.
The
duty of carrying out the functions under the provisions of this Act shall be
vested in the Council.
2.
In
particular and without prejudice to the generality of the foregoing power, the
functions of the Council shall include-
a. the holding of
examination of the candidates for enrolment and specifying fees there for;
b. the specifying of
qualifications for entry in the register;
c. the recognition of
foreign qualifications and training for the purposes of enrolment;(d) the
granting of or refusal to grant the certificate of practice under this Act;
d. the maintenance and
publication of a register of persons qualified to practice as Actuaries;
e. the levy and
collection of fees from members, students, examinees and other persons;
f. the removal of names
from the register and the restoration to the register of names which have been
removed;
g. the regulation and
maintenance of the status and standard of professional qualifications of
members of the Institute;
h. to issue guidelines
for the observance of the members, including the student members;
i. to receive gifts,
grants, donations or benefactions from the Central or State Governments and to
receive bequests, donations and transfer of movable or immovable properties
from testators, donors or transferors, as the case may be;
j. co-operating with
educational or other institutions in any part of the world having objects
wholly or partly similar to those of the Institute by exchange of members and
generally in such manner as may be conducive to achievement of their common
objects;
k. instituting and
awarding fellowships, scholarships, prizes and medals;
l. giving gifts, grants,
donations or benefactions to other institutions or bodies having objects
similar to those of the Institute;
m. the carrying out, by
granting financial assistance to persons other than members of the Council, or
in any other manner, of research in the actuarial science;
n. the maintenance of a
library and publication of books, journals and periodicals relating to
actuarial science;
o. the exercise of
disciplinary powers conferred by this Act;
p. establishing such
regional council or councils as may be decided from time to time and fixing
their headquarters; and(r) doing all such things as may be necessary,
incidental or conducive to the attainment of all or any of the objects of the
Institute. |
Actuaries Act, 2006 | 2 | The Actuaries Act, 2006
2. Definitions. -
1.
In
this Act, unless the context otherwise requires,-
a. "Actuary"
means a person skilled in determining the present effects of future contingent
events or in finance modelling and risk analysis in different areas of
insurance, or calculating the value of life interests and insurance risks, or
designing and pricing of policies, working out the benefits, recommending rates
relating to insurance business, annuities, insurance and pension rates on the
basis of empirically based tables and includes a statistician engaged in such
technology, taxation, employees' benefits and such other risk management and
investments and who is a fellow member of the Institute; and the expression
"actuarial science" shall be construed accordingly;
b. "Actuarial
Society" means the Actuarial Society of India registered under the
Societies Registration Act, 1860 and the Bombay Public Trusts Act, 1950;
c. "appointed
day" means the date on which the Institute is constituted under
sub-section (1) of section 3;
d. "Authority"
means the Appellate Authority referred to in section 32;
e. "Board"
means the Quality Review Board constituted under sub-section (1) of section 43;
f. "Council"
means the Council of the Institute as referred to in section 12;
g. "fellow"
means a fellow member of the Institute;
h. "Institute"
means the Institute of Actuaries of India constituted under section 3;
i. "member"
means an individual whose name appears in the register of members maintained by
the Institute;
j. "prescribed"
means prescribed by rules made under this Act;(k) "President" means
the President of the Council;
k. "register"
means the register of members maintained by the Institute under this Act;
l. "specified"
means specified by regulations made under this Act;
m. "Tribunal"
means a Tribunal established under sub-section (1) of section 16;
n. ''Vice-President''
means the Vice-President of the Council;
o. "year"
means the period commencing on the 1st day of April of any year and ending on
the 31st day of March of the succeeding year.
1.
2.
Save
as otherwise provided in this Act, a member of the Institute shall be deemed
"to be in practice" when individually or in partnership with
Actuaries in practice as a member or an employee of a company, he, whether or
not in consideration of remuneration received or to be received,-
i.
engages
himself in actuarial profession; or
ii.
offers
to perform or performs services involving the application of actuarial
techniques in the fields of insurance, pension, investment, finance and
management; or
iii.
renders
such other services as, in the opinion of the Council, are or may be rendered
by an actuary in practice; or
iv.
is
in employment of a person engaged in one or more of the activities mentioned in
clauses (i), (ii) and (iii) above, and the words "to be in practice"
with their grammatical variations and cognate expressions shall be construed
accordingly.
Explanation.-For the
purposes of this sub-section, the expression "company" includes a
public financial institution as defined in section 4A of the Companies Act,
1956. |
Actuaries Act, 2006 | 20 | The Actuaries Act, 2006
20. Staff,
remuneration and allowances. -
1.
For
the efficient performance of its functions, the Council may-
a. appoint an Executive
Director, a Treasurer and such other officers and employees as it deems
necessary and fix their salaries, fees, allowances and other conditions of
service; and
b. fix the allowances of
the President, the Vice-President, the Honorary Secretary and other members of
the Council and its Committees, in such manner as may be specified.
1.
2.
The
Executive Director of the Council shall be entitled to participate in the
meetings of the Council but shall not be entitled to vote thereat. |
Actuaries Act, 2006 | 21 | The Actuaries Act, 2006
21. Committees of
Council. -
1.
The
Council may constitute such committees from amongst its members, and co-opt
therein persons who are not members of the Institute, as it deems necessary for
the purpose of carrying out the provisions of this Act: Provided that the
number of co-opted members shall not exceed one-third of the total membership
of the committee.
2.
Every
committee constituted under this section shall elect its own Chairman: Provided
that-
i.
where
the President is a member of such committee, he shall be the Chairman of such
committee, and in his absence, the Vice-President, if he is a member of such
committee, shall be its Chairman; and
ii.
where
the President is not a member of such committee but the Vice-President is a
member, he shall be its Chairman.
1.
2.
3.
The
committees shall exercise such functions and be subject to such conditions as
may be specified. |
Actuaries Act, 2006 | 22 | The Actuaries Act, 2006
22. Finances of
Council. -
1.
There
shall be established a fund under the management and control of the Council
into which shall be paid all moneys (including donations and grants) received
by the Council and out of which shall be met all expenses and liabilities
incurred by the Council.
2.
The
Council may invest any money for the time being standing to the credit of the
fund in any security as it may deem prudent consistent with the considerations
of security of such investments and maximum returns thereon. Explanation.- For
the purposes of this sub-section, the expression "securities" shall
have the meaning assigned to it in section 2 of the Securities Contracts
(Regulation) Act, 1956, as amended from time to time.
3.
The
Council shall keep proper accounts of the fund distinguishing capital account
from revenue account.
4.
The
annual accounts of the Institute shall be subject to audit by a Chartered
Accountant in practice within the meaning of the Chartered Accountants Act,
1949 to be appointed annually by the Council: Provided that no member of the
Council who is a Chartered Accountant or a person who is in partnership with
such member shall be eligible for appointment as an auditor under this
sub-section.
5.
As
soon as may be practicable at the end of each year, but not later than the 30th
day of September of the year next following, the Council shall cause to be
published in the Gazette of India, a copy of the audited accounts and the
report of the Council for that year and copies of the said accounts and report
shall be forwarded to the Central Government and to all the members of the
Institute.
6.
The
Council may borrow from a scheduled bank, as defined in the Reserve Bank of
India Act, 1934, or from any public financial institution-
a. any money required
for meeting its liabilities on capital account on the security of the fund or
on the security of any other asset, for the time being belonging to it ; or
b. for the purpose of
meeting current liabilities, pending the receipt of income, by way of temporary
loan or overdraft. Explanation.-The expression "public financial
institution" means a financial institution specified in section 4A of the
Companies Act, 1956. |
Actuaries Act, 2006 | 23 | The Actuaries Act, 2006
Chapter III Register
of Members
23. Register. -
1.
The
Council shall maintain in the specified manner a register of the members of the
Institute.
2.
The
register shall include the following particulars about every member of the
Institute, namely:-
a. his full name, date
of birth, domicile, residential and professional addresses;
b. the date on which his
name is entered in the register;
c. his qualifications;
d. whether he holds a
certificate of practice; and
e. any other particulars
which may be specified.
1.
2.
3.
The
Council shall cause to be published in such manner as may be specified a list
of members as on the 1st day of April each year, and shall, if requested to do
so by any such member, send him a copy of such list, on payment of such amount
as may be specified.
4.
Every
member of the Institute shall, on his name being entered in the register, pay
such annual membership fee as may be specified by the Council. |
Actuaries Act, 2006 | 24 | The Actuaries Act, 2006
24. Removal of name
from Register. -
The Council may, by
order, remove from the register the name of any member of the Institute-
a.
who
is dead; or
b.
from
whom a request has been received to that effect; or
c.
who
has not paid any specified fee required to be paid by him; or
d.
who
is found to have been subject to, at the time when his name was entered in the
register, or who at any time thereafter has become subject to, any of the
disqualifications mentioned in section 11; or
e.
who
for any other reason has ceased to be entitled to have his name borne on the
register. |
Actuaries Act, 2006 | 25 | The Actuaries Act, 2006
25. Re-entry in
register. -
The Council may
re-enter the name of a member whose name has been removed from the register for
reasons mentioned in clauses (b), (c), (d) and (e) of section 24, by an order,
and on paying such fees, and after satisfying such conditions and requirements
as may be specified. |
Actuaries Act, 2006 | 26 | The Actuaries Act, 2006
Chapter IV Misconduct
26. Disciplinary
Committee. -
1.
The
Council shall constitute a Disciplinary Committee consisting of the President
or the Vice-President of the Council as the Presiding Officer and two members
of the Council elected by the Council and two members to be nominated by the
Central Government from amongst the persons of eminence having experience in
the field of law, education, economics, business, finance, accountancy or
public administration: Provided that the Council may constitute more regional
Disciplinary Committees as and when it deems fit.
2.
The
Disciplinary Committee in making the inquiry under the provisions of this Act
shall follow such procedure and submit the report to the Council within such
time as may be prescribed. |
Actuaries Act, 2006 | 27 | The Actuaries Act, 2006
27. Appointment of
Prosecution Director. -
1.
The
Council may, by notification, appoint a Prosecution Director and such other
employees to assist the Disciplinary Committee in making inquiries in respect
of any information or complaint received by the Council under the provisions of
this Act.
2.
In
order to make inquiries under the provisions of this Act, the Prosecution
Director shall follow such procedure as may be prescribed. |
Actuaries Act, 2006 | 28 | The Actuaries Act, 2006
28. Authority,
Council, Disciplinary Committee and Prosecution Director to have powers of
civil court. -
For the purposes of
an inquiry under the provisions of this Act, the Authority, the Disciplinary
Committee and the Prosecution Director shall have the same powers as are vested
in a civil court under the Code of Civil Procedure, 1908, in respect of the
following matters, namely:-
a.
summoning
and enforcing the attendance of any person and examining him on oath;
b.
the
discovery and production of any document; and
c.
receiving
evidence on affidavit. |
Actuaries Act, 2006 | 29 | The Actuaries Act, 2006
29. Action by Council
on Disciplinary Committee's report. -
1.
On
receipt of a report from the Disciplinary Committee, if the Council is
satisfied that the member of the Institute is guilty of any professional or
other misconduct, it shall record its findings accordingly and shall proceed in
accordance with the provisions of section 30.
2.
In
case the Council is not satisfied with the report of the Disciplinary Committee
and is of the opinion that it requires further inquiry, it may refer the report
again to the Disciplinary Committee for such further inquiry as may be directed
through an order of the Council.
3.
If
the Council disagrees with the findings of the Disciplinary Committee, it may
direct the Prosecution Director or itself make an appeal to the Authority. |
Actuaries Act, 2006 | 3 | The Actuaries Act, 2006
Chapter II Institute
of Actuaries of India
3. Incorporation of
Institute -
1.
With
effect from such date as the Central Government may, by notification in the
Official Gazette, appoint, all persons whose names are entered in the register
of the Actuarial Society at the commencement of this Act and all persons who
may thereafter have their names entered in the register to be maintained under
this Act, so long as they continue to have their names borne on the register,
are hereby constituted a body corporate by the name of the Institute of
Actuaries of India and all such persons shall be known as members of the
Institute.
2.
The
Institute shall have perpetual succession and a common seal and shall have
power to acquire, hold and dispose of property, both movable and immovable, and
shall by its name sue or be sued.
3.
The
head office of the Institute shall be situated at such place as may be decided
by the Central Government. |
Actuaries Act, 2006 | 30 | The Actuaries Act, 2006
30. Member to be
afforded opportunity of being heard. -
Where the Council is
of the opinion that a member is guilty of a professional or other misconduct
mentioned in the Schedule, it shall afford to the member a reasonable
opportunity of being heard before making any order against him and may
thereafter take any one or more of the following actions, namely:-
a.
reprimand
the member; or
b.
remove
the name of the member from the register permanently or for such period, as it
thinks fit.
c.
impose
such fine as it may think fit, which may extend to five lakh rupees.
Explanation.-For the purposes of this section, "member of the
Institute" includes a person who was a member of the Institute on the date
of the alleged misconduct although he has ceased to be a member of the
Institute at the time of the inquiry. |
Actuaries Act, 2006 | 31 | The Actuaries Act, 2006
31. Professional or
other misconduct defined. -
For the purposes of
this Act, the expression "professional or other misconduct" shall be
deemed to include any act or omission provided in the Schedule, but nothing in
this section shall be construed to limit or abridge in any way the power
conferred or duty cast on the Disciplinary Committee or the Prosecution
Director to inquire into the conduct of any member of the Institute under any
other circumstances. |
Actuaries Act, 2006 | 32 | The Actuaries Act, 2006
Chapter V Appeals
32. Constitution of
Appellate Authority. -
a.
The
Appellate Authority constituted under sub-section (1) of section 22A of the
Chartered Accountants Act, 1949, shall be deemed to be the Appellate Authority
for the purposes of this Act subject to the modification that for clause (b) of
said sub-section (1), the following clause had been substituted, namely:-
b.
"the
Central Government shall, by notification, appoint two part-time Members from
amongst the persons who have been members of the Council of the Institute of
Actuaries for at least one full term and who are not sitting members of the
Council;". |
Actuaries Act, 2006 | 33 | The Actuaries Act, 2006
33. Term of office of
Members of Authority. -
A person appointed as
a Member shall hold office for a term of three years from the date on which he
enters upon his office or until he attains the age of sixty-seven years,
whichever is earlier. |
Actuaries Act, 2006 | 34 | The Actuaries Act, 2006
34. Allowances,
conditions of service of Members and procedure, etc., of Authority. -
The provisions of
section 22C, section 22D and section 22F of the Chartered Accountants Act, 1949
shall apply to the Authority in relation to allowances and terms and conditions
of service of its Chairperson and members, and in discharge of its functions
under this Act as they apply to it in the discharge of its functions under the
Chartered Accountants Act, 1949. |
Actuaries Act, 2006 | 35 | The Actuaries Act, 2006
35. Officers and
other staff of Authority. -
1.
The
Council shall make available to the Authority such officers and other staff
members as may be necessary for the efficient performance of the functions of
the Authority.
2.
The
salaries and allowances and conditions of service of the officers and other
staff members of the Authority shall be such as may be specified. |
Actuaries Act, 2006 | 36 | The Actuaries Act, 2006
36. Appeal to
Authority. -
1.
Any
member of the Institute aggrieved by any order of the Council imposing on him
any of the penalties referred to in section 30, may, within ninety days of the
date on which the order is communicated to him, prefer an appeal to the
Authority: Provided that the Authority may entertain any such appeal after the
expiry of the said period of ninety days, if it is satisfied that there was
sufficient cause for not filing the appeal in time.
2.
The
Authority may, after calling for the records of any case, revise any order made
by the Council under section 30 and may-
a. confirm, modify or
set aside the order;
b. impose any penalty or
set aside, reduce or enhance the penalty imposed by the order;
c. remit the case to the
Disciplinary Committee for such further inquiry as the Authority considers
proper in the circumstances of the case; or
d. pass such other order
as the Authority thinks fit: Provided that the Authority shall give an
opportunity of being heard to the parties concerned before passing any order. |
Actuaries Act, 2006 | 37 | The Actuaries Act, 2006
Chapter VI Penalties
37. Penalty for
falsely claiming to be a member, etc. -
Subject to the
provisions of section 10, any person who,-
a.
not
being a member of the Institute,-
i.
represents
that he is a member of the Institute in any of the manners mentioned in section
7; or
ii.
uses
the designation "Actuary"; or
iii.
uses
the letters "AIAI" or "FIAI" after his name; or
iv.
practises
the profession of an Actuary; or
a.
b.
being
a member of the Institute, but not having a certificate of practice, represents
that he is in practice, or practises as an Actuary, shall be punishable on
first conviction with fine which may extend to one lakh rupees, and on any
subsequent conviction with imprisonment which may extend to one year, or with
fine which may extend to two lakh rupees, or with both. |
Actuaries Act, 2006 | 38 | The Actuaries Act, 2006
38. Penalty for using
name of Institution, awarding degrees of actuarial science, etc. -
1.
Save
as otherwise provided in this Act, no person shall-
a. use a name or a
common seal which is identical with the name or the common seal of the
Institute or so nearly resembles it so as to deceive or as is likely to deceive
the public; or
b. award any degree,
diploma or certificate or bestow any designation which indicates or purports to
indicate the position or attainment of any qualification or competence in actuary
ship similar to that of a member of the Institute; or(c) seek to regulate in
any manner whatsoever the profession of Actuaries.
1.
2.
Any
person contravening the provisions of sub-section (1) shall, without prejudice
to any other proceedings, which may be taken against him, be punishable with
fine, which may extend on first conviction to fifty thousand rupees and on any
subsequent conviction with imprisonment which may extend to one year, or, with
fine which may extend to one lakh rupees, or with both.
3.
Nothing
contained in this section shall apply to any University or other institution
established by law or to any body affiliated to the Institute. |
Actuaries Act, 2006 | 39 | The Actuaries Act, 2006
39. Companies not to
engage in actuarial practice. -
1.
No
company, whether incorporated in India or elsewhere, shall practice as
Actuaries.
2.
Any
company contravening the provisions of sub-section (1) shall be punishable on
first conviction with fine which may extend to ten thousand rupees, and on any
subsequent conviction with fine which may extend to twenty-five thousand
rupees. |
Actuaries Act, 2006 | 4 | The Actuaries Act, 2006
4. Transfer of
assets, liabilities, etc., of Actuarial Society. -
On the appointed
day,-
a.
all
the assets and liabilities of the Actuarial Society shall stand transferred to,
and vested in, the Institute. Explanation.-The assets of the Actuarial Society
shall be deemed to include all rights and powers and all properties, whether
movable or immovable, including, in particular, cash balances, deposits and all
other interests and rights in, or arising out of, such properties as may be in
the possession of the said Society and all books of account and other documents
relating to the same; and liabilities shall be deemed to include all debts,
liabilities and obligations of whatever kind;
b.
without
prejudice to the provisions of clause (a), all debts, obligations and
liabilities incurred, all contracts entered into and all matters and things
engaged to be done by, with or for the Actuarial Society immediately before
that day, for or in connection with the purpose of the said Society, shall be
deemed to have been incurred, entered into or engaged to be done by, with or
for, the Institute;
c.
all
sums of money due to the Actuarial Society immediately before that day shall be
deemed to be due to the Institute; and
d.
all
suits and other legal proceedings instituted or which could have been
instituted by or against the Actuarial Society immediately before that day may
be continued or may be instituted by or against the Institute. |
Actuaries Act, 2006 | 40 | The Actuaries Act, 2006
40. Unqualified
person not to sign documents. -
1.
No
person other than a fellow member of the Institute shall sign any document on
behalf of an Actuary in practice or a firm of such Actuaries in his or its
professional capacity.
2.
Any
person contravening the provisions of sub-section (1) shall, without prejudice
to any other proceedings which may be taken against him, be punishable on first
conviction with fine which may extend to fifty thousand rupees, and on any
subsequent conviction with imprisonment which may extend to one year, or with
fine which may extend to one lakh rupees, or with both. |
Actuaries Act, 2006 | 41 | The Actuaries Act, 2006
41. Offences by
companies. -
1.
If
the person committing an offence under this Act is a company, the company as
well as every person in charge of, and responsible to, the company for the
conduct of its business at the time of the commission of the offence shall be
deemed to be guilty of the offence and shall be 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 by a company and it is proved that the offence has been committed
with the consent or connivance of, or that the commission of the offence 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. |
Actuaries Act, 2006 | 42 | The Actuaries Act, 2006
42. Sanction to
prosecute. -
No person shall be
prosecuted under this Act except on a complaint made by or under the order of
the Council or of the Central Government. |
Actuaries Act, 2006 | 43 | The Actuaries Act, 2006
Chapter VII Quality
Review Board
43. Establishment of
Quality Review Board. -
1.
The
Central Government shall, by notification, constitute a Quality Review Board
consisting of a Chairperson and not more than four Members: Provided that in
case the Board is constituted with two Members, one each shall be nominated by
the Council and the Central Government, respectively.
2.
The
Chairperson and Members of the Board shall be appointed from amongst the
persons of eminence having experience in the field of law, education,
economics, business, finance, accountancy or public administration.
3.
Two
Members of the Board shall be nominated by the Council and other two Members
shall be nominated by the Central Government. |
Actuaries Act, 2006 | 44 | The Actuaries Act, 2006
44. Functions of
Board. -
The Board shall
perform the following functions, namely:-
a.
to
fix standards for the services provided by the members of the Institute;
b.
to
review the quality of services provided by the members of the Institute
including actuarial audit services; and
c.
to
guide the members of the Institute to improve the quality of services and
adherence to the various statutory and other regulatory requirements. |
Actuaries Act, 2006 | 45 | The Actuaries Act, 2006
45. Procedure of
Board. -
The Board shall
follow in its meeting and in discharging its functions such procedure as may be
prescribed. |
Actuaries Act, 2006 | 46 | The Actuaries Act, 2006
46. Terms and
conditions of Chairperson and Members of Board. -
The terms and
conditions of service of the Chairperson and the Members of the Board, their
place of meetings, remuneration and allowances shall be such as may be
prescribed. |
Actuaries Act, 2006 | 47 | The Actuaries Act, 2006
47. Expenditure of
Board. -
The expenditure of
the Board shall be borne by the Council. |
Actuaries Act, 2006 | 48 | The Actuaries Act, 2006
Chapter VIII
Dissolution of the Actuarial Society of India registered under the Societies
Registration Act
48. Dissolution of
Actuarial Society of India. -
On the appointed
day,-
a.
the
Society known as the Actuarial Society of India registered under the Societies
Registration Act, 1860 and the Bombay Public Trusts Act, 1950 shall stand
dissolved and thereafter no person shall make, assert or take any claims or
demands or proceedings against the dissolved society or against any officer
thereof in his capacity as such officer except in so far as may be necessary,
for enforcing the provisions of this Act;
b.
the
right of every member to, or in respect of, the dissolved society shall be
extinguished, and thereafter no member of the society shall make, assert or take
any claims or demands or proceedings in respect of that society except as
provided in this Act. |
Actuaries Act, 2006 | 49 | The Actuaries Act, 2006
49. Provisions
respecting employees of dissolved society. -
1.
Every
person employed in the dissolved society and continuing in its employment
immediately before the commencement of this Act shall, as from such
commencement, become an employee of the Institute, shall hold his office or
service therein by the same tenure and upon the same terms and conditions and
with the same rights and privileges as to retirement benefits as he would have
held the same under the dissolved society if this Act had not been passed, and
shall, continue to do so unless and until his employment in the Institute is
terminated or until his remuneration, terms and conditions of employment are
duly altered by the Institute.
2.
Notwithstanding
anything contained in the Industrial Disputes Act, 1947 or in any other law for
the time being in force, the transfer of the services of any employee of the
dissolved society to the Institute shall not entitle any such employee to any
compensation under that Act or other law, and no such claims shall be
entertained by any court, tribunal or other authority. |
Actuaries Act, 2006 | 5 | The Actuaries Act, 2006
5. Objects of
Institute.-
The objects of the
Institute shall be-
a.
to
promote, uphold and develop the standards of professional education, training,
knowledge, practice and conduct amongst Actuaries;
b.
to
promote the status of the Actuarial profession;
c.
to
regulate the practice by the members of the profession of Actuary;
d.
to
promote, in the public interest, knowledge and research in all matters relevant
to Actuarial science and its application; and
e.
to
do all such other things as may be incidental or conducive to the above objects
or any of them. |
Actuaries Act, 2006 | 50 | The Actuaries Act, 2006
Chapter IX
Miscellaneous
50. Maintenance of
more than one offices by Actuary. -
1.
Where
an Actuary in practice or a firm of such Actuaries has more than one offices
within or outside India, each one of such offices shall be in the separate
charge of a fellow member of the Institute: Provided that the Council may in
suitable cases exempt any Actuary in practice or firm of such Actuaries from
the operation of this sub-section.
2.
Every
Actuary in practice or a firm of such Actuaries maintaining more than one
office shall send to the Council a list of offices and the person in charge
thereof and shall keep the Council informed of any changes in relation thereto. |
Actuaries Act, 2006 | 51 | The Actuaries Act, 2006
51. Reciprocity. -
1.
Where
any country, notified by the Central Government in this behalf in the Official
Gazette, prevents persons of Indian domicile from becoming members of any
institution similar to the Institute or from practicing the profession of Actuaries
or subjects them to unfair discrimination in that country, no subject of any
such country shall be entitled to become a member of the Institute or practice
the profession of Actuaries in India.
2.
Subject
to the provisions of sub-section (1), the Council may specify the conditions,
if any, subject to which foreign qualifications relating to actuarial science
shall be recognised for the purposes of entry in the register. |
Actuaries Act, 2006 | 52 | The Actuaries Act, 2006
52. Power of Central
Government to issue directions. -
1.
For
the purposes of this Act, the Central Government may, from time to time, give
to the Council such general or special directions as it thinks fit, and the
Council shall, in the discharge of its functions under this Act, comply with
such directions.
2.
If,
in the opinion of the Central Government, the Council has persistently made
default in giving effect to the directions issued under sub-section (1), it
may, after giving an opportunity of being heard to the Council, by
notification, dissolve the Council, whereafter a new Council shall be
constituted in accordance with the provisions of this Act with effect from such
date as may be decided by the Central Government.
3.
Where
the Central Government has issued a notification under sub-section (2)
dissolving the Council, it may, pending the constitution of a new Council in
accordance with the provisions of this Act, authorise any person or body of
persons to take over the management of the affairs of the Council and to
exercise such functions as may be mentioned in the notification. |
Actuaries Act, 2006 | 53 | The Actuaries Act, 2006
53. Protection of
action taken in good faith. -
No suit, prosecution
or other legal proceeding shall lie against the Central Government or the
Council or the Disciplinary Committee or the Tribunal or the Authority or the
Board or the Prosecution Director or any officer of that Government, Council,
Committee, Tribunal, Authority or Board, for anything which is in good faith
done or intended to be done under this Act or any rule, regulation,
notification, direction or order made there under. |
Actuaries Act, 2006 | 54 | The Actuaries Act, 2006
54. Members, etc., to
be public servants. -
The Chairperson,
Presiding Officer, Members and other officers and employees of the Authority,
Tribunal and Board, and the Prosecution Director shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code. |
Actuaries Act, 2006 | 55 | The Actuaries Act, 2006
55. Power of Central
Government to make rules. -
1.
The
Central Government may, by notification, make rules to carry out the provisions
of this Act.
2.
In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
a. the manner of
election and nomination in respect of members to the Council under sub-section
(2) of section 12;
b. the terms and
conditions of service of the Presiding Officers and Members of the Tribunal,
place of meeting, remuneration and allowances to be paid to them under
sub-section (3) of section 16;
c. the procedure of
inquiry and submission of report by the Disciplinary Committee under
sub-section (2) of section 26;
d. the procedure of
inquiry by the Prosecution Director under sub-section (2) of section 27;
e. any act or omission
which may be determined as professional misconduct under section 31;
f. the procedure to be
followed by the Board in its meetings and discharging its functions under
section 45; and
g. terms and conditions
of service of the Chairman and Members of the Board under section 46. |
Actuaries Act, 2006 | 56 | The Actuaries Act, 2006
56. Power to make
regulations. -
1.
The
Council may, with the previous approval of the Central Government and subject
to the previous publication, by notification in the Official Gazette, make
regulations to carry out the provisions of this Act.
2.
In
particular, and without prejudice to the generality of the foregoing power,
such regulations may provide for all or any of the following matters, namely:-
a. the examination and
training for the purposes of clauses (b), (c) and (d) of sub-section (1) of
section 6;
b. the manner of making
an application under sub-section (3) of section 6;
c. the fees payable
under sub-section (3) of section 6, sub-section (2) of section 9, clause (a) of
sub-section (2) of section 19, sub-section (4) of section 23;(
d. the manner in which
the honorary member may be chosen under sub-section (1) of section 8;
e. the terms and
conditions on which an affiliate member may be admitted under sub-section (2)
of section 8;
f. the academic
qualifications for admission of a student member under sub-section (3) of
section 8;
g. qualifications
required for a certificate of practice under sub-section (1) and the form in
which an application may be made under sub-section (2) of section 9;
h. the transaction of
business by the Council for the discharge of its functions mentioned in
sub-section (2) of section 19;
i. terms and conditions
of the services under sub-section (1) of section 20;
j. the functions and
conditions of the committees under sub-section (3) of section 21;
k. the manner in which
the register of the members of the Institute and other particulars to be
maintained under sub-sections (1) and (2) of section 23;
l. the manner in which
the annual list of members of the Institute may be published under sub-section
(3) of section 23;
m. the conditions and
requirements and payment of fee for re-entry in the register under section 25;
n. salaries and
allowances and conditions of service of the officers and other staff members of
the Authority under sub-section (2) of section 35;
o. the conditions
subject to which foreign qualifications may be recognised under sub-section (2)
of section 51; and
p. any other matter
which is required to be, or may be, prescribed under this Act. |
Actuaries Act, 2006 | 57 | The Actuaries Act, 2006
57. Power of Central
Government to issue directions for making or amending regulations. -
1.
Where
the Central Government considers it expedient so to do, it may, by order in
writing, direct the Council to make any regulations or to amend or revoke any regulations
already made within such period as it may specify in this behalf.
2.
If
the Council fails or neglects to comply with such order within the specified
period, the Central Government may itself make the regulations or amend or
revoke the regulations made by the Council. |
Actuaries Act, 2006 | 58 | The Actuaries Act, 2006
58. Laying of rules
and regulations -
Every rule and every
regulation 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 sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or regulation or both Houses agree that
the rule or regulation should not be made, the rule or regulation shall,
thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule
or regulation. |
Actuaries Act, 2006 | 59 | The Actuaries Act, 2006
59. Power to remove
difficulties.
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 may appear to
be necessary for removing the difficulty: Provided that no such order shall be
made under this section after the expiry of a period of two years from the
commencement of this Act.
2.
Every
order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament. |
Actuaries Act, 2006 | 6 | The Actuaries Act, 2006
6. Entry of names in
register. -
1.
Any
of the following persons shall be entitled to have his name entered in the
register, namely:-
a. any person who
immediately before the appointed day was an associate or a fellow (including an
honorary fellow) of the Actuarial Society;
b. any person who has
passed the examination conducted by the Actuarial Society and has completed
training either as specified by the said Society or as specified by the
Council, except any such person who is not a permanent resident of India;
c. any person who has
passed such examination and completed such training, as may be specified for
membership of the Institute;
d. any person who has
passed such other examination and completed such other training outside India
as is specified as being equivalent to the examination and training specified
under this Act for membership of the Institute: Provided that in the case of
any person belonging to any of the classes mentioned in this sub-section who is
not permanently residing in India, the Central Government or the Council may
impose such further conditions as it may deem necessary or expedient in the
public interest.
1.
2.
Every
person mentioned in clause (a) of sub-section (1) may have his name entered in
the register without the payment of any entrance fee.
3.
Every
person belonging to any of the classes mentioned in clauses (b), (c) and (d) of
sub-section (1) shall have his name entered in the register on an application
being made and granted in the specified manner and on payment of such fees, as
may be specified.
4.
The
Council shall take such steps as may be necessary for the purpose of having the
names of all persons belonging to the class mentioned in clause (a) of
sub-section (1) entered in the register before the appointed day.
5.
Notwithstanding
anything contained in this section, the Council may confer on any person
honorary fellow membership, if the Council is of the opinion that such person
has made a significant contribution to the profession of Actuary and thereupon
the Council shall enter the name of such person in the register but such person
shall not have any voting rights in any election or meetings of the Institute
and shall not also be required to pay any fee to the Institute. |
Actuaries Act, 2006 | 7 | The Actuaries Act, 2006
7. Associates and
fellows. -
1.
The
members of the Institute shall be divided into two classes designated
respectively as associates and fellows.
2.
Any
person other than a person to whom the provisions of sub-section (3) apply,
shall, on his name being entered in the register, be deemed to have become an
associate and as long as his name remains so entered, shall be entitled to use
the letters "AIAI" after his name to indicate that he is an
associate.
3.
Any
person who was a fellow of the Actuarial Society and who is entitled to have
his name entered in the register under clause (a) of sub-section (1) of section
6 shall be entered in the register as a fellow.
4.
Any
person whose name is entered in the register as fellow shall, so long as his
name remains so entered, be entitled to use the letters "FIAI" after
his name to indicate that he is a fellow. |
Actuaries Act, 2006 | 8 | The Actuaries Act, 2006
8. Honorary,
affiliate and student members. -
1.
The
Council may choose, in such manner as may be specified, any person of eminence
in matters relating to and of interest to the profession of Actuary as an
honorary member of the Institute provided that he is not practicing as an
Actuary.
2.
Any
person, who is a fellow member, or is a holder of membership considered
equivalent to the fellow membership of the Institute, of any other institution
similar to the Institute, whether within or outside India, may be admitted as
an affiliate member for such period, and on such terms and conditions as may be
specified.
3.
Any
person who enrolls himself for examination of the Institute, and possesses such
academic qualifications as may be specified, may be admitted as a student
member of the Institute on such terms and conditions as may be specified.
4.
An
honorary member or an affiliate member or a student member shall have no right
to vote on any matter or resolution in any meeting of the Institute. |
Actuaries Act, 2006 | 9 | The Actuaries Act, 2006
9. Certificate of
practice. -
1.
No
member of the Institute shall be entitled to practice unless he fulfils the
qualifications as may be specified and obtains from the Council a certificate
of practice.
2.
A
member who desires to be entitled to practice shall make an application in such
form and pay such annual fee for certificate of practice as may be specified
and such fee shall be payable on or before the first day of April in each year.
3.
The
certificate of practice obtained under sub-section (1) may be cancelled by the
Council under such circumstances as may be specified. |
Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 | 1 | 1. Short title and commencement.
(1) This Act may be called the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978.
(2) It shall be deemed to have come into force on the 4th day of October, 1978. |
Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 | 2 | 2. [Definitions.]
Omitted by the Additional Duties of Excise (Textiles and Textile Articles) Amendment Act, 1985 (6 of 1986), s. 2 (w.e.f. 28-2-1986). |
Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 | 3 | 3. Levy and collection of additional duties of excise on certain textiles and textile articles.
1[(1) When goods of the description mentioned in the Schedule chargeable with a duty of excise under the Central Excises and Salt Act, 1944 (1 of 1944), read with any notification for the time being in force issued by the Central Government in relation to the duty so chargeable (not being a notification providing for any exemption for giving credit with respect to, or reduction of duty of excise under the said Act on such goods equal to, any duty of excise under the said Act, or the additional duty under section 3 of the Customs Tariff Act, 1975 (51 of 1975), already paid on the raw material used in the production or manufacture of such goods), are assessed to duty, there shall be levied and collected a duty of excise equal to 2[fifteen per cent.] of the total amount so chargeable on such goods.]
(2) The duties of excise referred to in sub-section (1) in respect of the goods specified in the Schedule shall be in addition to the duties of excise chargeable on such goods under the Central Excises and Salt Act, 1944 (1 of 1944), or any other law for the time being in force and shall be levied for the purposes of the Union and the proceeds thereof shall not be distributed among the States.
(3) The provisions of the Central Excises and Salt Act, 1944 (1 of 1944), and the rules made thereunder, including those relating to refunds and exemptions from duties, shall, so far as may be, apply in relation to the levy and collection of the duties of excise leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of excise on such goods under that Act or those rules.
1. Subs. by Act 11 of 1983, s. 57, for sub-section (1) (w.e.f. 1-8-1983).
2. Subs. by Act 33 of 1996, s. 84, for "twenty per cent." (w.e.f. 28-9-1996). |
Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 | 4 | 4. Repeal and saving.
(1) The Additional Duties of Excise (Textiles and Textile Articles) Ordinance, 1978 (4 of 1978), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. 2 |
Administrative Tribunals (Amendment) Act, 1986 | 1 | 1. Short title and commencement.-
(1) This Act may be called the Administrative Tribunals (Amendment) Act, 1986.
(2) Save as otherwise provided in this Act, it shall be deemed to have come into force on the 22nd day of January, 1986. |
Administrative Tribunals (Amendment) Act, 1986 | 2 | 24. Provisions as to existing Members of Central Administrative Tribunal.-
Every person holding office as Chairman, Vice-Chairman or other Member of the Central Administrative Tribunal immediately before the commencement of this Act shall,-
(a) if he possesses any of the qualifications specified for appointment as a Judicial Member under the principal Act, as amended by this Act, be deemed, on and from such commencement, to have been appointed as a Judicial Member of such Tribunal; and 3
(b) in any other case, be deemed, on and from such commencement, to have been appointed as an Administrative Member of such Tribunal. |
Administrative Tribunals (Amendment) Act, 1986 | 3 | 25. Validation.-
Anything done or any action taken (including any application admitted or orders passed) by the Central Administrative Tribunal or any of its Bench or Benches immediately before the commencement of this Act in the exercise or purported exercise of its jurisdiction, powers and authority conferred by or under the principal Act shall be deemed to have been validly done or taken as if the provisions of the principal Act, as amended by this Act had been in force at all material times and, accordingly, anything done or any action taken by the said Tribunal or any of its Bench or Benches shall not be called in question merely on the ground that-
(a) the Bench or Benches of such Tribunal had not been properly constituted, or
(b) the said Tribunal had no jurisdiction to adjudicate or try any dispute or complaint or to hear any appeals in relation to such dispute or complaint. |
Administrative Tribunals (Amendment) Act, 1986 | 4 | 26. Repeal and saving.-
(1) The Administrative Tribunals (Amendment) Ordinance, 1986 (1 of 1986) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. |
Administrative Tribunals Act, 1985 | 1 | The Administrative Tribunals Act, 1985
1. Short Title, Extent and Commencement.-
(1) This Act may be called the Administrative
Tribunals Act, 1985.
(2) It extends, -
(a)
in so far as it relates to the Central Administrative Tribunal, to the
whole of India ;
(b) in so far as it
relates to the Administrative Tribunals for States, to the whole of India,
except the State of Jammu and Kashmir.
(3) The provisions of this Act, in so far as
they relate to the Central Administrative Tribunal, shall come into force on
such date as the Central Government may, by notification, appoint.
(4) The provisions of the Act, in so far as
they relate to Administrative Tribunal, for a State shall come into force in
State on such date as the Central Government may, by notification appoint. |
Administrative Tribunals Act, 1985 | 10 | The Administrative Tribunals Act, 1985
10. Salaries and Allowances and Other Terms and Conditions of Service of Chairman, Vice-Chairman and Other Members. -
The salaries and allowances payable to and the
other terms and conditions of service (including pension, gratuity and other
retirement benefits) of the Chairman, Vice-Chairman and other Members shall be
such as may be prescribed by the Central Government :
Provided that neither the salary and allowances
nor the other terms and conditions of service of the Chairman, Vice-Chairman or
other Member shall be varied to his disadvantage after his appointment. |
Administrative Tribunals Act, 1985 | 11 | The Administrative Tribunals Act, 1985
11. Provision as to the Holding of Offices by Chairman, on Ceasing to be Such Chairman, Etc. -
On ceasing to hold office, -
(a) the Chairman of the Central Administrative
Tribunal shall be ineligible for further employment under the Government of
India or under the Government of a State;
(b) the Chairman of a State Administrative
Tribunal or a Joint Administrative Tribunal shall, subject to the other
provisions of this Act, be eligible for appointment as the Chairman or
Vice-Chairman or any other Member of the Central Administrative Tribunal or as
the Chairman of any other State Administrative Tribunal or Joint Administrative
Tribunal, but not for any other employment either under the Government of India
or under the Government of a State;
(c) the Vice-Chairman of the Central
Administrative Tribunal shall, subject to the other provision of this Act, be
eligible for appointment as the Chairman of that Tribunal or as the Chairman or
Vice-Chairman of any State Administrative Tribunal or Joint Administrative
Tribunal but not for any other employment either under the Government of India
or under the Government of a State;
(d) the Vice-Chairman of a State
Administrative Tribunal or a Joint Administrative Tribunal shall, subject to
the other provisions of this Act, be eligible for appointment as the Chairman
of that Tribunal or as the Chairman or Vice-Chairman of the Central Administrative
Tribunal or of any other State Administrative Tribunal or Joint Administrative
Tribunal but not for any other employment either under the Government of India
or under the Government of a State;
(e) a Member (other than the Chairman or Vice-Chairman)
of any Tribunal shall, subject to the other provisions of this Act, be eligible
for appointment as the Chairman or Vice-Chairman of such Tribunal or as the
Chairman, Vice-Chairman or other Member of any other Tribunal, but not for any
other employment either under the Government of India or under the Government
of a State;
(f) the Chairman, Vice-Chairman or other
Member shall not appear, act or plead before any Tribunal of which he was the
Chairman, Vice-Chairman or other Member.
Explanation: For the purposes of this section,
employment under the Government of India or under the Government of a State
includes employment under any local or other authority within the territory of
India or under the control of the Government of India or under any corporation
or society owned or controlled by the Government. |
Administrative Tribunals Act, 1985 | 12 | The Administrative Tribunals Act, 1985
12. Financial and Administrative Power of the Chairman. -
The Chairman shall exercise such financial and
administrative power over the Benches as may be vested in him under the rules
made by the appropriate Government:
Provided that the Chairman shall have authority
to delegate such of his financial and administrative powers as he may think fir
to the Vice-Chairman or any officer of the Tribunal, subject to the conditions
that the Vice-Chairman or such officer shall, while exercising such delegated
powers, continue to act under the direction, control and supervision of the
Chairman. |
Administrative Tribunals Act, 1985 | 13 | The Administrative Tribunals Act, 1985
13. Staff of the Tribunal. -
(1) The appropriate Government shall determine
the nature and categories of the officers and other employees required to
assist a Tribunal in the discharge of its functions and provide the Tribunal
with such officers and other employees as it may think fit.
(1-A) The officers and other employees of a
Tribunal shall discharge their functions under the general superintendence of
the Chairman.
(2) The salaries and allowances and conditions
of service of the officers and other employees of a Tribunal shall be such as
may be specified by rules made by the appropriate Government. |
Administrative Tribunals Act, 1985 | 14 | The Administrative Tribunals Act, 1985
14. Jurisdiction, Powers and Authority of the Central Administrative Tribunal. -
(1) Save as otherwise expressly provided in
this Act, the Central Administrative Tribunal shall exercise, on and from the
appointed day, all the jurisdiction, powers and authority exercisable
immediately before that day by all courts (except the Supreme Court) in
relation to -
(a) recruitment, and
matters concerning recruitment, to any All-India Service or to any civil
service of the Union or a civil post under the Union or to a Post connected
with defense or in the defense services, being, in either case, a post filed by
a civilian;
(b) all service
matters concerning -
(i) a member of any
All-India Service; or
(ii) a person [not being
a member of an All-India Service or a person referred to in clause (c)
appointed to any civil service of the Union or any civil post under the Union;
or
(iii) a civilian [not
being a member of an All-India Service or a person referred to in clause (c)
appointed to any defense services or a post connected with defense, and
pertaining to the service of such member, person or civilian, in connection
with the affairs of the Union or of any State or of any local or other
authority within the territory of India or under the control of the Government
of India or of any corporation or society owned or controlled by the
Government;
(c) all service
matters pertaining to service in connection with the affairs of the Union
concerning a person appointed to any service or post referred to in sub-clause
(ii) or sub-clause (iii) of clause (b), being a person whose services have been
placed by a State Government or any local or other authority or any corporation
or society or other body, at the disposal of the Central Government for such
appointment.
Explanation:
(1) For the removal of doubts, it is hereby
declared that references to "Union" in this sub-section shall be
construed as including references also to a Union Territory.
(2) The Central Government may, by
notification apply with effect from such date as may be specified in the
notification the provisions of sub-section (3) to local or other authorities
within the territory of India or under the control of the Government of India
and to corporations or society owned or controlled by Government, not being a
local or other authority or corporation or society controlled or owned by a
State Government:
Provided that if the Central Government
considers it expedient so to do for the purpose of facilitating transition to
the scheme as envisaged by this Act, different dates may be so specified under
this sub-section in respect of different classes of, or different categories
under any class of local or other authorities or corporations.
(3) Save as otherwise expressly provided in
this Act, the Central Administrative Tribunal shall also exercise, on and from
the date with effect from which the provisions of this sub-section apply to any
local or other authority or corporation or society, all the jurisdiction, powers
and authority exercisable immediately before that date by all courts (except
the Supreme Court in relation to
(a) recruitment, and
matters concerning recruitment, to any service or post in connection with the
affairs of such local or other authority or corporation or society; and
(b) all service
matters concerning a person [other than a person referred to in clause (a) or
clause (b) of sub-section (1) appointed to any service or post in connection
with the affairs of such local or other authority or corporation or society and
pertaining to the service of such person in connection with such affairs. |