Quick Solution-Key for AIBE

THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title and extent.
2. Grounds for decree for dissolution of marriage
3. Notice to be served on heirs of the husband when the husband’s whereabouts are not known.
4. Effect of conversion to another faith.
5. Rights to dower not to be affected.
6. [Repealed.].

246

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title and extent.
2. Definitions.
3. Mahr or other properties of Muslim woman to be given to her at the time of divorce.
4. Order for payment of maintenance.
5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974.
6. Power to make rules.
7. Transitional provisions.

247

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986
ACT NO. 25 OF 1986
[19th May, 1986.]

An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce
from, their husbands and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-seventh year of the Republic of India as follows:—
1. Short title and extent.—(1) This Act may be called the Muslim Women (Protection of Rights on

Divorce) Act, 1986.
(2) It extends to the whole of India 1***.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “divorced woman” means a Muslim woman who was married according to Muslim law, and
has been divorced by, or has obtained divorce from, her husband in accordance with Muslim law;

(b) “iddat period” means, in the case of a divorced woman,—

(i) three menstrual courses after the date of divorce, if she is subject to menstruation;
(ii) three lunar months after her divorce, if she is not subject to menstruation; and
(iii) if she is enceinte at the time of her divorce, the period between the divorce and the
delivery of her child or the termination of her pregnancy, whichever is earlier;
(c) “Magistrate” means a Magistrate of the First class exercising jurisdiction under the Code of
Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides;
(d) “prescribed” means prescribed by rules made under this Act.
3. Mahr or other properties of Muslim woman to be given to her at the time of divorce.—(1)
Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall
be entitled to—
(a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat
period by her former husband;
(b) where she herself maintains the children born to her before or after her divorce, a reasonable
and fair provision and maintenance to be made and paid by her former husband for a period of two
years from the respective dates of birth of such children;
(c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her
marriage or at any time thereafter according to Muslim law; and
(d) all the properties given to her before or at the time of marriage or after her marriage by her
relatives or friends or the husband or any relatives of the husband or his friends.
(2) Where a reasonable and fair provision and maintenance or the amount of mahr or dower due has
not been made or paid or the properties referred to in clause (d) of sub-section (1) have not been delivered
to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an
application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or
the delivery of properties, as the case may be.
(3) Where an application has been made under sub-section (2) by a divorced woman, the Magistrate
may, if he is satisfied that—

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-
2019).

248

(a) her husband having sufficient means, has failed or neglected to make or pay her within the
iddat period a reasonable and fair provision and maintenance for her and the children; or

(b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred
to in clause (d) of sub-section (1) have not been delivered to her,

make an order, within one month of the date of the filing of the application, directing her former husband
to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as
it and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during
her marriage and the means of her former husband or, as the case may be, for the payment of such mahr
or dower or the delivery of such properties referred to in clause (d) of sub-section (1) the divorced
woman:

Provided that if the Magistrate finds it impracticable to dispose of the application within the said
period, he may, for reasons to be recorded by him, dispose of the application after the said period.

(4) If any person against whom an order has been made under sub-section (3) fails without sufficient
cause to comply with the order, the Magistrate may issue a warrant for levying the amount of
maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal
Procedure, 1973 (2 of 1974), and may sentence such person, for the whole or part of any amount
remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one
year or until payment if sooner made, subject to such person being heard in defence and the said sentence
being imposed according to the provisions of the said Code.

4. Order for payment of maintenance.—(1) Notwithstanding anything contained in the foregoing
provisions of this Act or in any other law for the time being in force, where a Magistrate is satisfied that a
divorced woman has not re-married and is not able to maintain herself after the iddat period, he may
make an order directing such of her relatives as would be entitled to inherit her property on her death
according to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit and
proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during her
marriage and the means of such relatives and such maintenance shall be payable by such relatives in the
proportions in which they would inherit he property and at such periods as he may specify in his order:

Provided that where such divorced woman has children, the Magistrate shall order only such children
to pay maintenance to her, and in the event of any such children being unable to pay such maintenance,
the Magistrate shall order the parents of such divorced woman to pay maintenance to her:

Provided further that if any of the parents is unable to pay his or her share of the maintenance ordered
by the Magistrate on the ground of his or her not having the means to pay the same, the Magistrate may,
on proof of such inability being furnished to him, order that the share of such relatives in the maintenance
ordered by him be paid by such of the other relatives as may appear to the Magistrate to have the means
of paying the same in such proportions as the Magistrate may think fit to order.

(2) Where a divorced woman is unable to maintain herself and she has no relatives as mentioned in
sub-section (1) or such relatives or any one of them have not enough means to pay the maintenance
ordered by the Magistrate or the other relatives have not the means to pay the shares of those relatives
whose shares have been ordered by the Magistrate to be paid by such other relatives under the second
proviso to sub-section (1), the Magistrate may, by order, direct the State Wakf Board established under
section 9 of the Wakf Act, 1954 (29 of 1954), or under any other law for the time being in force in a State,
functioning in the area in which the woman resides, to pay such maintenance as determined by him under
sub-section (1) or, as the case may be, to pay the shares of such of the relatives who are unable to pay, at
such periods as he may specify in his order.

5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974.—If on the date
of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former
husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either
jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the
Code of Criminal Procedure, 1973 (2 of 1974), and file such affidavit or declaration in the court hearing
the application, the Magistrate shall dispose of such application accordingly.

249

Explanation.—For the purposes of this section, “date of the first hearing of the application” means the
date fixed in the summons for the attendance of the respondent to the application.

6. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the foregoing power, such rules may provide for—
(a) the form of the affidavit or other declaration in writing to be filed under section 5;
(b) the procedure to be followed by the Magistrate in disposing of applications under this Act,

including the serving of notices to the parties to such applications, dates of hearing of such
applications and other matters;

(c) any other matter which is required to be or may be prescribed.
(3) Every rule 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 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.
7. Transitional provisions.—Every application by a divorced woman under section 125 or under
section 127 of the Code of Criminal Procedure, 1973 (2 of 1974) pending before a Magistrate on the
commencement of this Act, shall, notwithstanding anything contained in that Code and subject to the
provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provisions of
this Act.

250

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019
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ARRANGEMENT OF SECTIONS
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CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

3. Talaq to be void and illegal.

4. Punishment for pronouncing talaq.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

5. Subsistence allowance.

6. Custody of minor children.

7. Offence to be cognizable, compoundable, etc.

8. Repeal and savings.

251

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019

ACT NO. 20 OF 2019
[31st July, 2019.]

An Act to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by
their husbands and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Muslim Women

(Protection of Rights on Marriage) Act, 2019.
(2) It shall extend to the whole of India except the State of Jammu and Kashmir*.

(3) It shall be deemed to have come into force on the 19th day of September, 2018.
2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1)
of section 2 of the Information Technology Act, 2000 (21 of 2000);

(b) “Magistrate” means a Judicial Magistrate of the first class exercising jurisdiction under the
Code of Criminal Procedure, 1973 (2 of 1974), in the area where the married Muslim woman resides;
and

(c) “talaq” means talaq-e-biddat or any other similar form of talaq having the effect of
instantaneous and irrevocable divorce pronounced by a Muslim husband.

CHAPTER II

DECLARATION OF TALAQ TO BE VOID AND ILLEGAL

3. Talaq to be void and illegal.—Any pronouncement of talaq by a Muslim husband upon his wife, by words,
either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

4. Punishment for pronouncing talaq.—Any Muslim husband who pronounces talaq referred to in
section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years,
and shall also be liable to fine.

CHAPTER III

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN
5. Subsistence allowance.—Without prejudice to the generality of the provisions contained in any
other law for the time being in force, a married Muslim woman upon whom talaq is pronounced shall be
entitled to receive from her husband such amount of subsistence allowance, for her and dependent
children, as may be determined by the Magistrate.
6. Custody of minor children.—Notwithstanding anything contained in any other law for the time
being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of
pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
7. Offence to be cognizable, compoundable, etc.—Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974),—

(a) an offence punishable under this Act shall be cognizable, if information relating to the
commission of the offence is given to an officer in charge of a police station by the married Muslim
woman upon whom talaq is pronounced or any person related to her by blood or marriage;

(b) an offence punishable under this Act shall be compoundable, at the instance of the married
Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms
and conditions as he may determine;

*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu

and Kashmir and the Union territory of Ladakh.

252

(c) no person accused of an offence punishable under this Act shall be released on bail unless the
Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon
whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such
person.
8. Repeal and savings.—(1) The Muslim Women (Protection of Rights on Marriage) Second
Ordinance, 2019 (Ord. 4 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Muslim Women
(Protection of Rights on Marriage) Second Ordinance, 2019 (Ord. 4 of 2019), shall be deemed to have
been done or taken under the provisions of this Act.

253

THE CUTCHI MEMONS ACT, 1938
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title and commencement.
2. Cutchi Memons to be governed in certain matters by Muhammadan Law.
3. Savings.
4. [Repealed.]

254

THE CUTCHI MEMONS ACT, 1938
ACT NO. 10 OF 19381
[8th April, 1938.]

An Act to provide that all Cutchi Memons shall be governed in matters of succession and
inheritance by the Muhammadan Law.
WHEREAS it is expedient that all Cutchi Memons be governed in matters of succession and

inheritance by the Muhammadan Law; It is hereby enacted as follows:—
1. Short title and commencement.—(1) This Act may be called the Cutchi Memons Act, 1938.
(2) It shall come into force on the 1st day of November, 1938.
2. Cutchi Memons to be governed in certain matters by Muhammadan Law.—Subject to the

provisions of section 3, all Cutchi Memons shall, in matters of succession and inheritance, be governed by
the Muhammadan Law.

3. Savings.—Nothing in this Act shall affect any right or liability acquired or incurred before its
commencement, or any legal proceeding or remedy in respect of any such right or liability; and any such
legal proceeding or remedy may be continued or enforced as if this Act had not been passed.

4. [Repealed.]—Rep. by the Repealing and Amending Act, 1942 (25 of 1942), s. 2 and the First
Schedule (w.e.f. 1-10-1942).

1. The Act has been applied to the Sonthal Parganas district and the Chota Nagpur division subject to certain modifications, by
Bihar Government Notifn., No. 1089/A-15/40-J. R., dated 31st August, 1940. It has also been applied to all the partially-
excluded areas of the Province of Orissa by Orissa Government Notifn. No. 2266-111C-14/41-Com., dated 23rd July, 1942.

255

THE KAZIS ACT, 1880
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title.
Local extent.
2. Power to appoint Kazis for any local area.
3. Naib Kazis.
4. Nothing in Act to confer judicial or administrative powers; or to render the presence of Ka’zi
necessary; or to prevent any one acting as Ka’zi’.

256

THE ADVOCATES ACT, 1961

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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY

SECTIONS
1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

BAR COUNCILS

3. State Bar Councils.

4. Bar Council of India.

5. Bar Council to be body corporate.

6. Functions of State Bar Councils.

7. Functions of Bar Council of India.

7A. Membership in international bodies.

8. Term of office of members of State Bar Council.

8A. Constitution of special Committee in the absence of election.

9. Disciplinary committees.

9A. Constitution of legal aid committees.

10. Constitution of committees other than disciplinary committees.

10A. Transaction of business by Bar Councils and committees thereof.

10B. Disqualification of members of Bar Council.

11. Staff of Bar Council.

12. Accounts and audit.

13. Vacancies in Bar Council and committees thereof not to invalidate action taken.

14. Election to Bar Councils not to be questioned on certain grounds.

15. Power to make rules.

CHAPTER III

ADMISSION AND ENROLMENT OF ADVOCATES

16. Senior and other advocates.
17. State Bar Councils to maintain roll of advocates.
18. Transfer of name from one State roll to another.
19. State Bar Councils to send copies of rolls of advocates to the Bar Council of India.
20. Special provision for enrolment of certain Supreme Court advocates.
21. Disputes regarding seniority.
22. Certificate of enrolment.
23. Right of pre-audience.

257

SECTIONS
24. Persons who may be admitted as advocates on a State roll.
24A. Disqualification for enrolment.
25. Authority to whom applications for enrolment may be made.
26. Disposal of applications for admission as an advocate.
26A. Power to remove names from roll.
27. Application once refused not to be entertained by another Bar Council except in certain circumstances.
28. Power to make rules.
CHAPTER IV
RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled to practise law.
30. Right of advocates to practise.
31. [Repealed.].
32. Power of court to permit appearances in particular cases.
33. Advocates alone entitled to practise.
34. Power of High Courts to make rules.
CHAPTER V
CONDUCT OF ADVOCATES
35. Punishment of advocates for misconduct.
36. Disciplinary powers of Bar Council of India.
36A. Changes in constitution of disciplinary committees.
36B. Disposal of disciplinary proceedings.
37. Appeal to the Bar Council of India.
38. Appeal to the Supreme Court.
39. Application of sections 5 and 12 of Limitation Act, 1963.
40. Stay of order.
41. Alteration in roll of advocates.
42. Powers of disciplinary committee.
42A. Powers of Bar Council of India and other committees.
43. Cost of proceedings before a disciplinary committees.
44. Review of orders by disciplinary committee.

CHAPTER VI
MISCELLANEOUS

45. Penalty for persons illegally practising in courts and before other authorities.
46. [Repealed.].
46A. Financial assistance to State Bar Council.
47. Reciprocity.
48. Indemnity against legal proceedings.
48A. Power of revision.
48AA. Review.

258

SECTIONS
48B. Power to give directions.
49. General power of the Bar Council of India to make rules.
49A. Power of Central Government to make rules.
50. Repeal of certain enactments.
51. Rule of construction.
52. Saving.
CHAPTER VII
TEMPORARY AND TRANSITIONAL PROVISIONS
53. Elections to first State Bar Council.
54. Term of office of members of first State Bar Councils.
55. Rights of certain existing legal practitioners not affected.
56. Dissolution of existing Bar Councils.
57. Power to make rules pending the constitution of a Bar Council.
58. Special provisions during the transitional period.
58A. Special provisions with respect to certain advocates.
58AA. Special provisions in relation to the Union territory of Pondicherry.
58AB. Special provisions with respect to certain persons enrolled by Mysore State Bar Council.
58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council.
58AD. Special provisions with respect to certain persons migrating to India.
58AE. Special provisions in relation to the Union territory of Goa, Daman and Diu.
58AF. Special provisions in relation to Jammu and Kashmir.
58AG. Special provisions in relation to articled clerks.
58B. Special provision relating to certain disciplinary proceedings.
59. Removal of difficulties.
60. Power of Central Government to make rules.
THE SCHEDULE.

259

THE COMPANIES ACT, 2013

__________________

ARRANGEMENT OF SECTIONS

__________________

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
CHAPTER II
INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO
3. Formation of company.
3A. Members severally liable in certain cases.
4. Memorandum.
5. Articles.
6. Act to override memorandum, articles, etc.
7. Incorporation of company.
8. Formation of companies with charitable objects, etc.
9. Effect of registration.
10. Effect of memorandum and articles.
10A. Commencement of business, etc.
11. [Omitted.].
12. Registered office of company.
13. Alteration of memorandum.
14. Alteration of articles.
15. Alteration of memorandum or articles to be noted in every copy.
16. Rectification of name of company.
17. Copies of memorandum, articles, etc., to be given to members.
18. Conversion of companies already registered.
19. Subsidiary company not to hold shares in its holding company.
20. Service of documents.
21. Authentication of documents, proceedings and contracts.
22. Execution of bills of exchange, etc.
CHAPTER III
PROSPECTUS AND ALLOTMENT OF SECURITIES
PART I. Public offer
23. Public offer and private placement.
24. Power of Securities and Exchange Board to regulate issue and transfer of securities, etc.
25. Document containing offer of securities for sale to be deemed prospectus.
26. Matters to be stated in prospectus.
27. Variation in terms of contract or objects in prospectus.
28. Offer of sale of shares by certain members of company.
29. Public offer of securities to be in dematerialised form.
30. Advertisement of prospectus.
31. Shelf prospectus.
32. Red herring prospectus.
33. Issue of application forms for securities.
34. Criminal liability for mis-statements in prospectus.
35. Civil liability for mis-statements in prospectus.

260

SECTIONS

36. Punishment for fraudulently inducing persons to invest money.
37. Action by affected persons.
38. Punishment for personation for acquisition, etc., of securities.
39. Allotment of securities by company.
40. Securities to be dealt with in stock exchanges.
41. Global depository receipt.

PART II. Private placement

42. Issue of shares on private placement basis.

CHAPTER IV

SHARE CAPITAL AND DEBENTURES

43. Kinds of share capital.
44. Nature of shares or debentures.
45. Numbering of shares.
46. Certificate of shares.
47. Voting rights.
48.
49. Calls on shares of same class to be made on uniform basis.
50. Company to accept unpaid share capital, although not called up.
51. Payment of dividend in proportion to amount paid-up.
52. Application of premiums received on issue of shares.
53. Prohibition on issue of shares at discount.
54. Issues of sweat equity shares.
55. Issue and redemption of preference shares.
56. Transfer and transmission of securities.
57. Punishment for personation of shareholder.
58. Refusal of registration and appeal against refusal.
59. Rectification of register of members.
60. Publication of authorised, subscribed and paid-up capital.
61. Power of limited company to alter its share capital.
62. Further issue of share capital.
63. Issue of bonus shares.
64. Notice to be given to Registrar for alteration of share capital.
65. Unlimited company to provide for reserve share capital on conversion into limited company.
66. Reduction of share capital.
67. Restrictions on purchase by company or giving of loans by it for purchase of its shares.
68. Power of company to purchase its own securities.
69. Transfer of certain sums to capital redemption reserve account.
70. Prohibition for buy-back in certain circumstances.
71. Debentures.
72. Power to nominate.

CHAPTERV

ACCEPTANCE OF DEPOSITS BY COMPANIES

73. Prohibition on acceptance of deposits from public.
74. Repayment of deposits, etc., accepted before commencement of this Act.
75. Damages for fraud.

261

SECTIONS

76. Acceptance of deposits from public by certain companies.
76A. Punishment for contravention of section 73 or section 76.

CHAPTER VI

REGISTRATION OF CHARGES

77. Duty to register charges, etc.
78. Application for registration of charge.
79. Section 77 to apply in certain matters.
80. Date of notice of charge.
81. Register of charges to be kept by Registrar.
82. Company to report satisfaction of charge.
83. Power of Registrar to make entries of satisfaction and release in absence of intimation from

company.
84. Intimation of appointment of receiver or manager.
85.
86. Punishment for contravention.
87. Rectification by Central Government in Register of charges.

CHAPTER VII

MANAGEMENT AND ADMINISTRATION

88. Register of members, etc.
89. Declaration in respect of beneficial interest in any share.
90. Register of significant beneficial owners in a Company.
91. Power to close register of members or debenture holders or other security holders.
92. Annual return.
93. [Omitted.].
94. Place of keeping and inspection of registers, returns, etc.
95. Registers, etc., to be evidence.
96. Annual general meeting.
97. Power of Tribunal to call annual general meeting.
98. Power of Tribunal to call meetings of members, etc.
99. Punishment for default in complying with provisions of sections 96 to 98.
100. Calling of extraordinary general meeting.
101. Notice of meeting.
102. Statement to be annexed to notice.
103. Quorum for meetings.
104. Chairman of meetings.
105. Proxies.
106. Restriction on voting rights.
107. Voting by show of hands.
108. Voting through electronic means.
109. Demand for poll.
110. Postal ballot.
111.
112. Representation of President and Governors in meetings.
113. Representation of corporations at meeting of companies and of creditors.
114. Ordinary and special resolutions.
115. Resolutions requiring special notice.
116. Resolutions passed at adjourned meeting.
117. Resolutions and agreements to be filed.

262

SECTIONS

118. Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting
and resolutions passed by postal ballot.

119. Inspection of minute-books of general meeting.
120. Maintenance and inspection of documents in electronic form.
121. Report on annual general meeting.
122. Applicability of this Chapter to One Person Company.

CHAPTER VIII

DECLARATION AND PAYMENT OF DIVIDEND

123. Declaration of dividend.
124. Unpaid Dividend Account.
125. Investor Education and Protection Fund.
126. Right to dividend, rights shares and bonus shares to be held in abeyance pending registration of

transfer of shares.
127. Punishment for failure to distribute dividends.

CHAPTER IX

ACCOUNTS OF COMPANIES

128. Books of account, etc., to be kept by company.
129. Financial statement.
130. Re-
131.
132. Constitution of National Financial Reporting Authority.
133. Central Government to prescribe accounting standards
134.
135. Corporate Social Responsibility.
136. Right of member to copies of audited financial statement.
137. Copy of financial statement to be filed with Registrar.
138. Internal Audit.

CHAPTER X

AUDIT AND AUDITORS

139. Appointment of auditors.
140. Removal, resignation of auditor and giving of special notice.
141. Eligibility, qualifications and disqualifications of auditors.
142. Remuneration of auditors.
143. Powers and duties of auditors and auditing standards.
144. Auditor not to render certain services.
145. Auditor to sign audit reports, etc.
146. Auditors to attend general meeting.
147. Punishment for contravention.
148. Central Government to specify audit of items of cost in respect of certain companies.

CHAPTER XI

APPOINTMENT AND QUALIFICATIONS OF DIRECTORS

149. Company to have Board of Directors.

263

SECTIONS

150. Manner of selection of independent directors and maintenance of data bank of independent
directors.

151. Appointment of director elected by small shareholders.
152. Appointment of directors.
153. Application for allotment of Director Identification Number.
154. Allotment of Director Identification Number.
155. Prohibition to obtain more than one Director Identification Number.
156. Director to intimate Director Identification Number.
157. Company to inform Director Identification Number to Registrar.
158. Obligation to indicate Director Identification Number.
159. Penalty for default of certain provisions.
160. Right of persons other than retiring directors to stand for directorship.
161. Appointment of additional director, alternate director and nominee director.
162. Appointment of directors to be voted individually.
163. Option to adopt principle of proportional representation for appointment of directors.
164. Disqualifications for appointment of director.
165. Number of directorships.
166. Duties of directors.
167. Vacation of office of director.
168. Resignation of director.
169. Removal of directors.
170. Register of directors and key managerial personnel and their shareholding.
171.
172. Punishment.

CHAPTER XII

MEETINGS OF BOARD AND ITS POWERS

173. Meetings of Board.
174. Quorum for meetings of Board.
175. Passing of resolution by circulation.
176. Defects in appointment of directors not to invalidate actions taken.
177. Audit committee.
178. Nomination and Remuneration Committee and Stakeholders Relationship Committee.
179. Powers of Board.
180. Restrictions on powers of Board.
181. Company to contribute to bona fide and charitable funds, etc.
182. Prohibitions and restrictions regarding political contributions.
183. Power of Board and other persons to make contributions to national defence fund, etc.
184. Disclosure of interest by director.
185. Loan to directors, etc.
186. Loan and investment by company.
187. Investments of company to be held in its own name.
188. Related party transactions.
189. Register of contracts or arrangements in which directors are interested.
190. Contract of employment with managing or whole-time directors.
191. Payment to director for loss of office, etc., in connection with transfer of undertaking, property or shares.
192. Restriction on non-cash transactions involving directors.
193. Contract by One Person Company.
194. [Omitted.].
195. [Omitted.].

264

CHAPTER XIII

APPOINTMENT AND REMUNERATION OF MANAGERIAL PERSONNEL

SECTIONS

196. Appointment of managing director, whole-time director or manager.
197. Overall maximum managerial remuneration and managerial remuneration in case of absence or

inadequacy of profits.
198. Calculation of profits.
199. Recovery of remuneration in certain cases.
200. Central Government or company to fix limit with regard to remuneration.
201. Forms of, and procedure in relation to, certain applications.
202. Compensation for loss of office of managing or whole-time director or manager.
203. Appointment of key managerial personnel.
204. Secretarial audit for bigger companies.
205. Functions of company secretary.

CHAPTER XIV

INSPECTION, INQUIRY AND INVESTIGATION

206. Power to call for information, inspect books and conduct inquiries.
207. Conduct of inspection and inquiry.
208. Report on inspection made.
209. Search and seizure.
210. Investigation into affairs of company.
211. Establishment of Serious Fraud Investigation Office.
212. Investigation into affairs of company by Serious Fraud Investigation Office.
213.
214. Security for payment of costs and expenses of investigation.
215. Firm, body corporate or association not to be appointed as inspector.
216. Investigation of ownership of company.
217. Procedure, powers, etc., of inspectors.
218. Protection of employees during investigation.
219. Power of inspector to conduct investigation into affairs of related companies, etc.
220. Seizure of documents by inspector.
221. Freezing of assets of company on inquiry and investigation.
222. Imposition of restrictions upon securities.
223.
224.
225. Expenses of investigation.
226. Voluntary winding up of company, etc., not to stop investigation proceedings.
227. Legal advisers and bankers not to disclose certain information.
228. Investigation, etc., of foreign companies.
229. Penalty for furnishing false statement, mutilation, destruction of documents.

CHAPTER XV

COMPROMISES, ARRANGEMENTS AND AMALGAMATIONS

230. Power to compromise or make arrangements with creditors and members.
231. Power to Tribunal to enforce compromise or arrangement.
232. Merger and amalgamation of companies.
233. Merger or amalgamation of certain companies.
234. Merger or amalgamation of company with foreign company.

265

SECTIONS

235. Power to acquire shares of shareholders dissenting from scheme or contract approved by
majority.

236. Purchase of minority shareholding.
237. Power of Central Government to provide for amalgamation of companies in public interest.
238. Registration of offer of schemes involving transfer of shares.
239. Preservation of books and papers of amalgamated companies.
240. Liability of officers in respect of offences committed prior to merger, amalgamation, etc.

CHAPTER XVI

PREVENTION OF OPPRESSION AND MISMANAGEMENT

241. Application to Tribunal for relief in cases of oppression, etc.
242. Powers of Tribunal.
243. Consequence of termination or modification of certain agreements.
244. Right to apply under section 241.
245. Class action.
246. Application of certain provisions to proceedings under section 241 or section 245.

CHAPTER XVII
REGISTERED VALUERS
247. Valuation by registered valuers.

CHAPTER XVIII

REMOVAL OF NAMES OF COMPANIES FROM THE REGISTER OF COMPANIES

248. Power of Registrar to remove name of company from register of companies.
249. Restrictions on making application under section 248 in certain situations.
250. Effect of company notified as dissolved.
251. Fraudulent application for removal of name.
252. Appeal to Tribunal.

CHAPTER XIX
REVIVAL AND REHABILITATION OF SICK COMPANIES

253. [Omitted.].
254. [Omitted.].
255. [Omitted.].
256. [Omitted.].
257. [Omitted.].
258. [Omitted.].
259. [Omitted.].
260. [Omitted.].
261. [Omitted.].
262. [Omitted.].
263. [Omitted.].
264. [Omitted.].
265. [Omitted.].
266. [Omitted.].
267. [Omitted.].
268. [Omitted.].
269. [Omitted.].

266

CHAPTER XX
WINDING UP

SECTIONS
270. Winding up by Tribunal.

PART I. Winding up by the Tribunal

271. Circumstances in which company may be wound up by Tribunal.
272. Petition for winding up.
273. Powers of Tribunal.
274. Directions for filing statement of affairs.
275. Company Liquidators and their appointments.
276. Removal and replacement of liquidator.
277. Intimation to Company Liquidator, provisional liquidator and Registrar.
278. Effect of winding up order.
279. Stay of suits, etc., on winding up order.
280. Jurisdiction of Tribunal.
281. Submission of report by Company Liquidator.
282. Directions of Tribunal on report of Company Liquidator.
283.
284. Promoters, directors, etc., to cooperate with Company Liquidator.
285. Settlement of list of contributories and application of assets.
286. Obligations of directors and managers.
287. Advisory Committee.
288. Submission of periodical reports to Tribunal.
289. [Omitted.]
290. Powers and duties of Company Liquidator.
291. Provision for professional assistance to Company Liquidator.
292.
293. Books to be kept by Company Liquidator.
294.
295. Payment of debts by contributory and extent of set-off.
296. Power of Tribunal to make calls.
297. Adjustment of rights of contributories.
298. Power to order costs.
299. Power to summon persons suspected of having property of company, etc.
300. Power to order examination of promoters, directors, etc.
301. Arrest of person trying to leave India or abscond.
302. Dissolution of company by Tribunal.
303. Appeals from orders made before commencement of Act.

[Omitted.].

304. [Omitted.].
305. [Omitted.].
306. [Omitted.].
307. [Omitted.].
308. [Omitted.].
309. [Omitted.].
310. [Omitted.].
311. [Omitted.].
312. [Omitted.].
313. [Omitted.].

267

SECTIONS

314. [Omitted.].
315. [Omitted.].
316. [Omitted.].
317. [Omitted.].
318. [Omitted.].
319. [Omitted.].
320. [Omitted.].
321. [Omitted.].
322. [Omitted.].
323. [Omitted.].

PART III. Provisions applicable to every mode of winding up

324. Debts of all descriptions to be admitted to proof.
325. [Omitted.]
326. Overriding preferential payments.
327. Preferential payments.
328. Fraudulent preference.
329. Transfers not in good faith to be void.
330. Certain transfers to be void.
331. Liabilities and rights of certain persons fraudulently preferred.
332. Effect of floating charge.
333. Disclaimer of onerous property.
334. Transfers, etc., after commencement of winding up to be void.
335. Certain attachments, executions, etc., in winding up by Tribunal to be void.
336. Offences by officers of companies in liquidation.
337. Penalty for frauds by officers.
338. Liability where proper accounts not kept.
339. Liability for fraudulent conduct of business.
340. Power of Tribunal to assess damages against delinquent directors, etc.
341. Liability under sections 339 and 340 to extend to partners or directors in firms or companies.
342. Prosecution of delinquent officers and members of company.
343. Company Liquidator to exercise certain powers subject to sanction.
344. Statement that company is in liquidation.
345. Books and papers of company to be evidence.
346. Inspection of books and papers by creditors and contributories.
347. Disposal of books and papers of company.
348. Information as to pending liquidations.
349. Official Liquidator to make payments into public account of India.
350. Company Liquidator to deposit monies into scheduled bank.
351. Liquidator not to deposit monies into private banking account.
352. Company Liquidation Dividend and Undistributed Assets Account.
353. Liquidator to make returns, etc.
354. Meetings to ascertain wishes of creditors or contributories.
355. Court, tribunal or person, etc., before whom affidavit may be sworn.
356. Power of Tribunal to declare dissolution of company void.
357. Commencement of winding up by Tribunal.
358. Exclusion of certain time in computing period of limitation.

268

PART IV. Official Liquidators

SECTIONS

359. Appointment of Official Liquidator.
360. Powers and functions of Official Liquidator.
361. Summary procedure for liquidation.
362. Sale of assets and recovery of debts due to company.
363. Settlement of claims of creditors by Official Liquidator.
364. Appeal by creditor.
365. Order of dissolution of company.

CHAPTER XXI

PARTI. Companies authorised to Register under this Act

366. Companies capable of being registered.
367. Certificate of registration of existing companies.
368. Vesting of property on registration.
369. Saving of existing liabilities.
370. Continuation of pending legal proceedings.
371. Effect of registration under this Part.
372. Power of Court to stay or restrain proceedings.
373. Suits stayed on winding up order.
374. Obligations of companies registering under this Part.

PART II. Winding up of unregistered companies

375. Winding up of unregistered companies.
376. Power to wind up foreign companies although dissolved.
377. Provisions of Chapter cumulative.
378. Saving and construction of enactments conferring power to wind up partnership firm, association

or company, etc., in certain cases.

CHAPTER XXII

COMPANIES INCORPORATED OUTSIDE INDIA

379. Application of Act to foreign companies.
380. Documents, etc., to be delivered to Registrar by foreign companies.
381. Accounts of foreign company.
382. Display of name, etc., of foreign company.
383. Service on foreign company.
384. Debentures, annual return, registration of charges, books of account and their inspection.
385. Fee for registration of documents.
386. Interpretation.
387. Dating of prospectus and particulars to be contained therein.
388.
389. Registration of prospectus.
390. Offer of Indian Depository Receipts.
391. Application of sections 34 to 36 and Chapter XX.
392. Punishment for contravention.
393.

etc.

269

CHAPTER XXIII
GOVERNMENT COMPANIES
SECTIONS
394. Annual reports on Government companies.
395. Annual reports where one or more State Governments are members of companies.

CHAPTER XXIV
REGISTRATION OFFICES AND FEES
396. Registration offices.
397. Admissibility of certain documents as evidence.
398. Provisions relating to filing of applications, documents, inspection, etc., in electronic form.
399. Inspection, production and evidence of documents kept by Registrar.
400. Electronic form to be exclusive, alternative or in addition to physical form.
401. Provision of value added services through electronic form.
402. Application of provisions of Information Technology Act, 2000.
403. Fee for filing, etc.
404. Fees, etc., to be credited into public account.

CHAPTER XXV
COMPANIES TO FURNISH INFORMATION OR STATISTICS
405. Power of Central Government to direct companies to furnish information or statistics.

CHAPTER XXVI
NIDHIS

406. Power to modify Act in its application to Nidhis.

CHAPTER XXVII
NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL
407. Definitions.
408. Constitution of National Company Law Tribunal.
409. Qualification of President and Members of Tribunal.
410. Constitution of Appellate Tribunal.
411. Qualifications of Chairperson and members of Appellate Tribunal.
412. Selection of Members of Tribunal and Appellate Tribunal.
413. Term of office of President, Chairperson and other Members.
414. Salary, allowances and other terms and conditions of service of Members.
415. Acting President and Chairperson of Tribunal or Appellate Tribunal.
416. Resignation of Members.
417. Removal of Members.
417A. Qualifications, terms and conditions of service of Chairperson and Member.
418. Staff of Tribunal and Appellate Tribunal.
419. Benches of Tribunal.
420. Orders of Tribunal.
421. Appeal from orders of Tribunal.
422. Expeditious disposal by Tribunal and Appellate Tribunal.
423. Appeal to Supreme Court.
424. Procedure before Tribunal and Appellate Tribunal.
425. Power to punish for contempt.

270

SECTIONS
426. Delegation of powers.
427. President, Members, officers, etc., to be public servants.
428. Protection of action taken in good faith.
429. Power to seek assistance of Chief Metropolitan Magistrate, etc.
430. Civil court not to have jurisdiction.
431. Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings.
432. Right to legal representation.
433. Limitation.
434. Transfer of certain pending proceedings.

CHAPTER XXVIII
SPECIAL COURTS

435. Establishment of Special Courts.
436. Offences triable by Special Courts.
437. Appeal and revision.
438. Application of Code to proceedings before Special Court.
439. Offences to be non-cognizable.
440. Transitional provisions.
441. Compounding of certain offences.
442. Mediation and Conciliation Panel.
443. Power of Central Government to appoint company prosecutors.
444. Appeal against acquittal.
445. Compensation for accusation without reasonable cause.
446. Application of fines.
446A. Factors for determining level of punishment.
446B. Lesser penalties for One Person Companies or small companies.

CHAPTER XXIX
MISCELLANEOUS
447. Punishment for fraud.
448. Punishment for false statement.
449. Punishment for false evidence.
450. Punishment where no specific penalty or punishment is provided.
451. Punishment in case of repeated default.
452. Punishment for wrongful withholding of property.
453.
454. Adjudication of penalties.
454A. Penalty for repeated default.
455. Dormant company.
456. Protection of action taken in good faith.
457. Non-disclosure of information in certain cases.
458. Delegation by Central Government of its powers and functions.
459. Powers of Central Government of Tribunal to accord approval, etc., subject to conditions and to
prescribe fees on applications.
460. Condonation of delay in certain cases.
461. Annual report by Central Government.
462. Power to exempt class or classes of companies from provisions of this Act.
463. Power of court to grant relief in certain cases.
464. Prohibition of association or partnership of persons exceeding certain number.
465. Repeal of certain enactments and savings.
466. Dissolution of Company Law Board and consequential provisions.
467. Power of Central Government to amend Schedules.
468. Power of Central Government to make rules relating to winding up.

271

SECTIONS
469. Power of Central Government to make rules.
470. Power to remove difficulties.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.
SCHEDULE V.
SCHEDULE VI.
SCHEDULE VII.

272

THE ENVIRONMENT (PROTECTION) ACT, 1986
_______________

ARRANGEMENT OF SECTIONS
_______________
CHAPTER I
PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
3. Power of Central Government to take measures to protect and improve environment.
4. Appointment of officers and their powers and functions.
5. Power to give directions.
6. Rules to regulate environmental pollution.

CHAPTER III
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTION
7. Persons carrying on industry, operations, etc., not to allow emission or discharge of
environmental pollutants in excess of the standards.
8. Persons handling hazardous substances to comply with procedural safeguards.
9. Furnishing of information to authorities and agencies in certain cases.
10. Powers of entry and inspection.
11. Power to take sample and procedure to be followed in connection therewith.
12. Environmental laboratories.
13. Government Analysts.
14. Reports of Government Analysts.
15. Penalty for contravention of the provisions of the Act and the rules, orders and directions.
16. Offences by companies.
17. Offences by Government Departments.

CHAPTER IV
MISCELLANEOUS
18. Protection of action taken in good faith.
19. Cognizance of offences.
20. Information, reports or returns.
21. Members, officers and employees of the authority constituted under Section 3 to be public
servants.
22. Bar of jurisdiction.
23. Power to delegate.
24. Effect of other laws.
25. Power to make rules.
26. Rules made under this Act to be laid before Parliament.

273

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
_______

ARRANGEMENT OF SECTIONS
________

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, application and commencement.
2. Definitions.
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION
3. Constitution of Central Boards.
4. Constitution of State Board.
5. Terms and conditions of service of members.
6. Disqualifications.
7. Vacation of seats by members.
8. Meetings of Board.
9. Constitution of committees.
10. Temporary association of persons with Board for particular purposes.
11. Vacancy in Board not to invalidate acts or proceedings.
11A. Delegation of powers to Chairman.
12. Member-secretary and officers and other employees of Board.
CHAPTER III
JOINT BOARDS
13. Constitution of Joint Board.
14. Composition of Joint Boards.
15. Special provision relating to giving of directions.
CHAPTER IV
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board.
17. Functions of State Board.
18. Powers to give directions.
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power of State Government to restrict the application of the Act to certain areas.
20. Power to obtain information.
21. Power to take samples of effluents and procedure to be followed in connection therewith.

274

SECTIONS
22. Reports of the result of analysis on samples taken under section 21.
23. Power of entry and inspection.
24. Prohibition on use of stream or well for disposal of polluting matter, etc.
25. Restrictions on new outlets and new discharges.
26. Provision regarding existing discharge of sewage or trade effluent.
27. Refusal or withdrawal of consent by State Board.
28. Appeals.
29. Revision.
30. Power of State Board to carry out certain works.
31. Furnishing of information to State Board and other agencies in certain cases.
32. Emergency measures in case of pollution of stream or well.
33. Power of Board to make application to courts for restraining apprehended pollution of water
in streams or wells.
33A. Power to give directions.
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. Contributions by Central Government.
35. Contributions by State Government.
36. Fund of Central Board.
37. Fund of State Board.
37A. Borrowing powers of Board.
38. Budget.
39. Annual report.
40. Accounts and audit.
CHAPTER VII
PENALTIES AND PROCEDURE
41. Failure to comply with directions under sub-section (2) or sub-section (3) of section 20, or
orders issued under clause (c) of sub-section (1) of section 32.
42. Penalty for certain acts.
43. Penalty for contravention of provisions of section 24.
44. Penalty for contravention of section 25 or section 26.
45. Enhanced penalty after previous conviction.
45A. Penalty for contravention of certain provisions of the Act.
46. Publication of names of offenders.
47. Offences by companies.
48. Offences by Government Departments.

275

SECTIONS
49. Cognizance of offences.
50. Members, officers and servants of Board to be public servants.
CHAPTER VIII
MISCELLANEOUS
51. Central Water Laboratory.
52. State Water Laboratory.
53. Analysts.
54. Reports of analysts.
55. Local authorities to assist.
56. Compulsory acquisition of land for the State Board.
57. Returns and reports.
58. Bar of jurisdiction.
59. Protection of action taken in good faith.
60. Overriding effect.
61. Power of Central Government to supersede the Central Board and Joint Boards.
62. Power of State Government to supersede State Board.
63. Power of Central Government to make rules.
64. Power of State Government to make rules.

276

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
____________

ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY

SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CENTRAL AND STATE BOARDSFOR THE PREVENTION AND CONTROLOF AIR POLLUTION

3. Central Pollution Control Board.
4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards

under this Act.
5. Constitution of State Boards.
6. Central Board to exercise the powers and perform the functions of a State Board in the Union

territories.
7. Terms and conditions of service of members.
8. Disqualifications.
9. Vacation of seatsby members.
10. Meetings of Board.
11. Constitution of committees.
12. Temporary association of persons with Board for particular purpose.
13. Vacancy in Board not to invalidate acts or proceedings.
14. Member-secretary and officers and other employees of State Boards.
15. Delegation of powers.

CHAPTER III
POWERS AND FUNCTIONS OF BOARDS

16. Functions of Central Board.
17. Functions of State Boards.
18. Power to give directions.

CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION

19. Power to declare air pollution control areas.
20. Power to give instructions for ensuring standards for emission from automobiles.
21. Restrictions on use of certain industrial plants.
22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard

laid down by State Board.
22A. Power of Board to make application to court for restraining persons from causing air pollution.

277

SECTIONS
23. Furnishing of information to State Board and other agencies in certain cases.
24. Power of entry and inspection.
25. Power to obtain information.
26. Power to take samples of air or emission and procedure to be followed in connection therewith.
27. Reports of the result of analysis on samples taken under section 26.
28. State Air Laboratory.
29. Analysis.
30. Reports of analysis.
31. Appeals.
31A. Power to give directions.

CHAPTER V
FUND, ACCOUNTS AND AUDIT

32. Contribution by Central Government.
33. Fund of Board.
33A. Borrowing powers of Board.
34. Budget.
35. Annual report.
36. Accounts and audit.

CHAPTER VI
PENALTIES AND PROCEDURE

37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued
under section 31A.

38. Penalties for certain acts.
39. Penalty for contravention of certain provisions of the Act.
40. Offences by companies.
41. Offences by Government Departments.
42. Protection of action taken in good faith.
43. Cognizance of offences.
44. Members, officers and employees of Board to be public servants.
45. Reports and returns.
46. Bar of jurisdiction.

CHAPTER VII
MISCELLANEOUS

47. Power of State Government to supersede State Board.
48. Special provision in the case of supersession of the Central Board or the State Boards constituted

under the Water (Prevention and Control of Pollution) Act, 1974.
49. Dissolution of State Boards constituted under the Act.
50. [Omitted.].
51. Maintenance of register.

278

SECTIONS
52. Effect of other laws.
53. Power of Central Government to make rules.
54. Power of State Government to make rules.
THE SCHEDULE [Omitted.].

279

THE COMPENSATORY AFFORESTATION FUND ACT, 2016

______

ARRANGEMENT OF SECTIONS

______

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

ESTABLISHMENT, MANAGEMENT AND UTILISATION OF NATIONAL COMPENSATORY AFFORESTATION
FUND AND STATE COMPENSATORY AFFORESTATION FUNDS

3. Establishment of National Fund.

4. Establishment of State Fund.

5. Disbursement and utilisation of National Fund.

6. Disbursement and utilisation of State Fund.

7. Accounting procedure.

CHAPTER III

CONSTITUTION OF NATIONAL AUTHORITY AND STATE AUTHORITIES
8. Constitution of National Authority.

9. Executive committee and monitoring group of National Authority.

10. Constitution of State Authority.

11. Steering committee and executive committee of State Authority.

12. Term of office and conditions of service of members.

13. Disqualifications.

CHAPTER IV
POWERS AND FUNCTIONS OF NATIONAL AUTHORITY AND STATE AUTHORITIES
14. Powers and functions of National Authority.

15. Powers and functions of executive committee of National Authority.

16. Functions of monitoring group.
17. Powers and functions of State Authority.

18. Powers and functions of steering committee of State Authority.

19. Functions and powers of executive committee of State Authority.

280

CHAPTER V
FINANCE, ACCOUNTS, AUDIT AND ANNUAL REPORT
20. Budget of National Authority.

21. Investment of funds by National Authority.

22. Accounts and audit of National Authority.

23. Annual report of National Authority.

24. Annual report and audit report of National Authority to be laid before Parliament.

25. Budget of State Authority.

26. Investment of funds by State Authority.

27. Accounts and audit of State Authority.

28. Annual report of State Authority.

29. Annual report and audit report of State Authority to be laid before State Legislature.
CHAPTER VI

MISCELLANEOUS

30. Power to make rules.

31. Transfer of assets, liabilities, etc.

32. Validation.

33. Power of Central Government to issue directions.

281

THE INDIAN FOREST ACT, 1927
_____

ARRANGEMENT OF SECTIONS
______

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and extent.
2. Interpretation clause.
CHAPTER II
OF RESERVED FORESTS
3. Power to reserve forests.
4. Notification by State Government.
5. Bar of accrual of forest-rights.
6. Proclamation by Forest Settlement-officer.
7. Inquiry by Forest Settlement-officer.
8. Powers of Forest Settlement-officer.
9. Extinction of rights.
10. Treatment of claims relating to practice of shifting cultivation.
11. Power to acquire land over which right is claimed.
12. Order on claims to rights of pasture or to forest-produce.
13. Record to be made by Forest Settlement-officer.
14. Record where he admits claim.
15. Exercise of rights admitted.
16. Commutation of rights.
17. Appeal from order passed under section 11, section 12, section 15 or section 16.
18. Appeal under section 17.
19. Pleaders.
20. Notification declaring forest reserved.
21. Publication of translation of such notification in neighbourhood of forest.
22. Power to revise arrangement made under section 15 or section 18.
23. No right acquired over reserved forest, except as here provided.
24. Rights not to be alienated without sanction.
25. Power to stop ways and water-courses in reserved forests.
26. Acts prohibited in such forests.
27. Power to declare forest no longer reserved.

282

CHAPTER III
OF VILLAGE-FORESTS
SECTIONS
28. Formation of village-forests.

CHAPTER IV
OF PROTECTED FORESTS
29. Protected forests.
30. Power to issue notification reserving trees, etc.
31. Publication of translation of such notification in neighbourhood.
32. Power to make rules for protected forests.
33. Penalties for acts in contravention of notification under section 30 or of rules under section 32.
34. Nothing in this Chapter to prohibit acts done in certain cases.

CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes.
36. Power to assume management of forests.
37. Expropriation of forests in certain cases.
38. Protection of forests at request of owners.

CHAPTER VI
OFTHE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce.
40. Limit not to apply to purchase-money or royalty.

CHAPTER VII
OFTHE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest-produce.
41A. Powers of Central Government as to movements of timber across customs frontiers.
42. Penalty for breach of rules made under section 41.
43. Governments and Forest-officers not liable for damage to forest-produce at depot.
44. All persons bound to aid in case of accident at depot.

CHAPTER VIII
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may
be collected accordingly.
46. Notice to claimants of drift-timber.
47. Procedure on claim preferred to such timber.
48. Disposal of unclaimed timber.
49. Government and its officers not liable for damage to such timber.
50. Payments to be made by claimant before timber is delivered to him.

283

SECTIONS
51. Power to make rules and prescribe penalties.
CHAPTER IX
PENALTIES AND PROCEDURE

52. Seizure of property liable to confiscation.
53. Power to release property seized under section 52.
54. Procedure thereupon.
55. Forest-produce, tools, etc., when liable to confiscation.
56. Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was

committed.
57. Procedure when offender not known, or cannot be found.
58. Procedure as to perishable property seized under section 52.
59. Appeal from orders under section .55, section 56 or section 57.
60. Property when to vest in Government.
61. Saving of power to release property seized.
62. Punishment for wrongful seizure.
63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks.
64. Power to arrest without warrant.
65. Power to release on a bond a person arrested.
66. Power to prevent commission of offence.
67. Power to try offences summarily.
68. Power to compound offences.
69. Presumption that forest-produce belongs to Government.

CHAPTER X
CATTLE-TRESPASS
70. Cattle-trespass Act, 1871, to apply.
71. Power to alter fines fixed under that Act.

CHAPTER XI
OF FOREST-OFFICERS
72. State Government may invest Forest-officers with certain powers.
73. Forest-officers deemed public servants.
74. Indemnity for acts done in good faith.
75. Forest-officers not to trade.

CHAPTER XII
SUBSIDIARY RULES
76. Additional powers to make rules.

284

SECTIONS
77. Penalties for breach of rules.
78. Rules when to have force of law.
CHAPTER XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and police-officers.
80. Management of forests the joint property of Government and other persons.
81. Failure to perform service for which a share in produce of Government forest is enjoyed.
82. Recovery of money due to Government.
83. Lien on forest-produce for such money.
84. Land required under this Act to be deemed to be needed for a public purpose under the
Land Acquisition Act, 1894.
85. Recovery of penalties due under bond.
85A. Saving for rights of Central Government.
86. [Repealed.].
THE SCHEDULE—[Repealed.].

285

THE FOREST (CONSERVATION) ACT, 1980
________

ARRANGEMENT OF SECTIONS
_______

SECTIONS
1. Short title, extent and commencement.
2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.
3. Constitution of Advisory Committee.
4. Power to make rules.
5. Repeal and saving.

286

THE WILD LIFE (PROTECTION) ACT, 1972
____________

ARRANGEMENT OF SECTIONS
____________

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
AUTHORITIES TO BE APPOINTED OR CONSTITUTES UNDER THE ACT

3. Appointment of Director and other officers.
4. Appointment of Life Warden and other officers.
5. Power to delegate.
5A. Constitution of the National Board for Wild Life.
5B. Standing Committee of the National Board.
5C. Functions of the National Board.
6. Constitution of State Board for Wild Life.
7. Procedure to be followed by the Board.
8. Duties of State Board for Wild Life.

CHAPTER III
HUNTING OF WILD ANIMALS

9. Prohibition of hunting.
10. [Omitted.].
11. Hunting of wild animals to be permitted in certain cases.
12. Grant of permit for special purposes.
13. [Omitted.].
14. [Omitted.].
15. [Omitted.].
16. [Omitted.].
17. [Omitted.].

CHAPTER IIIA
PROTECTION OF SPECIFIED PLANTS
17A. Prohibition of picking, uprooting, etc. of specified plant.
17B. Grants of permit for special purposes.
17C. Cultivation of specified plants without licence prohibited.
17D. Dealing in specified plants without licence prohibited.
17E. Declaration of stock.
17F. Possession, etc., of plants by licensee.
17G. Purchase, etc., of specified plants.

287

SECTIONS
17H. Plants to be Government property.

CHAPTER IV
PROTECTED AREAS

Sanctuaries

18. Declaration of sanctuary.

18A. Protection to sanctuaries.

18B. Appointment of Collectors.

19. Collector to determine rights.

20. Bar of accrual of rights.

21. Proclamation by Collector.

22. Inquiry by Collector.

23. Powers of Collector.

24. Acquisition of rights.

25. Acquisition proceedings.

25A. Time-limit for completion of acquisition proceedings.

26. Delegation of Collector’s powers.

26A. Declaration of area as sanctuary.

27. Restriction on entry in sanctuary.

28. Grant of permit.

29. Destruction, etc., in a sanctuary prohibited without a permit.

30. Causing fire prohibited.

31. Prohibition of entry into sanctuary with weapon.

32. Ban on use of injurious substances.

33. Control of sanctuaries.

33A. Immunisation of live-stock.

33B. Advisory Committee.

34. Registration of certain persons in possession of arms.

Natioanl Parks

35. Declaration of National Parks.
36. [Omitted.].
36A. Declaration and management of a conservation reserve.
36B. Conservation reserve management committee.
36C. Declaration and management of community reserve.
36D. Community reserve management committee.

Closed Area

37. [Omitted.].

Sanctuaries or National Parks declared by Central Government

38. Power of Central Government to declare areas as sanctuaries or National Parks.

288

CHAPTER IVA

CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS

SECTIONS

38A. Constitution of Central Zoo Authority.

38B. Term of office and conditions of service of Chairperson and members, etc.

38C. Functions of the Authority.

38D. Procedure to be regulated by the Authority.

38E.Grants and loans to Authority and Constitution of Fund.

38F. Annual report.

38G. Annual report and audit report to be laid before Parliament.

38H. Recognition of zoos.

38I. Acquisition of animals by a zoo.

38J. Prohibition of teasing, etc., in a zoo.

CHAPTER IV B
NATIONAL TIGER CONSERVATION AUTHORITY

38K. Definitions.

38L.Constitution of National Tiger Conservation Authority.

38M. Term of office and conditions of service of members.

38N. Officers and employees of Tiger Conservation Authority.

38-O. Powers and functions of Tiger Conservation Authority.

38P. Procedure to be regulated by Tiger Conservation Authority.

38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund.

38R. Accounts and audit of Tiger Conservation Authority.

38S. Annual report of Tiger Conservation Authority.

38T. Annual report and audit report to be laid before Parliament.

38U. Constitution of Steering Committee.

38V. Tiger Conservation Plan.

38W. Alteration and de-notification of tiger reserves.

38X. Establishment of Tiger Conservation Foundation.

CHAPTER IV C
TIGER AND OTHER ENDANGERED SPECIES CRIME CONTROL BUREAU
38Y. Constitution of Tiger and other Endangered Species Crime Control Bureau.
38Z. Powers and functions of the Wildlife Crime Control Bureau.

CHAPTER V
TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES
39. Wild animals, etc., to be Government property.
40. Declarations.
40A. Immunity in certain cases.
41. Inquiry and preparation of inventories.
42. Certificate of ownership.
43. Regulation of transfer of animal, etc.
44. Dealings in trophy and animal articles without licence prohibited.
45. Suspension or cancellation of licences.
46. Purchase.
47. Maintenance of records.
48. Purchase of animals, etc., by licensee.

289

SECTIONS
48A. Restriction on transportation of wild life.
49. Purchase of captive animal, etc., by a person other than a licensee.

CHAPTER VA
PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES,

ETC., DERIVED FROM CERTAIN ANIMALS

49A. Definitions.
49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled

animals.
49C. Declaration by dealers.

CHAPTER VI
PREVENTION AND DETECTION OF OFFENCES
50. Power of entry, search, arrest and detention.
51. Penalties.
51A. Certain conditions to apply while granting bail.
52. Attempts and abetment.
53. Punishment for wrongful seizure.
54. Power to compound offences.
55. Cognizance of offences.
56. Operation of other laws not barred.
57. Presumption to be made in certain cases.
58. Offences by Companies.

CHAPTER VIA
FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE

58A. Application.
58B. Definitions.
58C. Prohibition of holding illegally acquired property.
58D. Competent authority.
58E. Identifying illegally acquired property.
58F. Seizure or freezing of illegally acquired property.
58G. Management of properties seized or forfeited under this Chapter.
58H. Notice of forfeiture of property.
58-I. Forfeiture of property in certain cases.
58J. Burden of proof.
58K. Fine in lieu of forfeiture.
58L. Procedure in relation to certain trust properties.
58M. Certain transfer to be null and void.
58N. Constitution of Applellate Tribunal.
58-O. Appeals.
58P. Notice or order not to be invalid for error in description.
58Q. Bar of Jurisdiction.
58R. Competent Authority and Appellate Tribunal to have powers of civil court.
58S. Information to competent authority.
58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal.

290

SECTIONS
58U.Power to take possession.
58V. Rectification of mistakes.
58W. Findings under other laws not conclusive for proceedings under this Chapter.
58X. Service of notices and orders.
58Y. Punishment for acquiring property in relating to which proceeings have been taken under this
Chapter.
CHAPTER VII
MISCELLANEOUS
59. Officers to be public servants.
60. Protection of action taken in good faith.
60A. Reward to persons.
60B. Reward by State Government.
61. Power to alter entries in Schedules.
62. Declaration of certain wild animals to be vermin.
63. Power of Central Government to make rules.
64. Power of State Government to make rules.
65. Rights of Scheduled Tribes to be protected.
66. Repeal and savings.
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
SCHEDULE V
SCHEDULE VI

291

THE NATIONAL GREEN TRIBUNAL ACT, 2010
_________________

ARRANGEMENT OF SECTIONS
__________________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title and commencement.
2. Definitions.

CHAPTER II

ESTABLISHMENT OF THE TRIBUNAL

3. Establishment of Tribunal.
4. Composition of Tribunal.
5. Qualifications for appointment of Chairperson, Judicial Member and Expert Member.
6. Appointment of Chairperson, Judicial Member and Expert Member.
7. Term of office and other conditions of service of Chairperson, Judicial Member and Expert

Member.
8. Resignation.
9. Salaries, allowances and other terms and conditions of service.
10. Removal and suspension of Chairperson, Judicial Member and Expert Member.
10A. Qualifications, terms and conditions of service of Chairperson, Judicial Member and Expert

Member.
11. To act as Chairperson of Tribunal or to discharge his functions in certain circumstances.
12. Staff of Tribunal.
13. Financial and administrative powers of Chairperson.

CHAPTER III

JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL

14. Tribunal to settle disputes.
15. Relief, compensation and restitution.
16. Tribunal to have appellate jurisdiction.
17. Liability to pay relief or compensation in certain cases.
18. Application or appeal to Tribunal.
19. Procedure and powers of Tribunal.
20. Tribunal to apply certain principles.
21. Decision to be taken by majority.
22. Appeal to Supreme Court.
23. Cost.
24. Deposit of amount payable for damage to environment.
25. Execution of award or order or decision of Tribunal.

CHAPTER IV

PENALTY

26. Penalty for failure to comply with orders of Tribunal.
27. Offences by companies.
28. Offences by Government Department.

292

CHAPTER V
MISCELLANEOUS
SECTIONS
29. Bar of jurisdiction.
30. Cognizance of offences.
31. Members and staff of Tribunal to be public servants.
32. Protection of action taken in good faith.
33. Act to have overriding effect.
34. Power to amend Schedule I.
35. Power to make rules.
36. Amendment of certain enactments.
37. Power to remove difficulties.
38. Repeal and savings.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.

293

THE INFORMATION TECHNOLOGY ACT, 2000

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.

CHAPTER II

DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE

3. Authentication of electronic records.
3A. Electronic signature.

CHAPTER III

ELECTRONIC GOVERNANCE

4. Legal recognition of electronic records.
5. Legal recognition of electronic signatures.
6. Use of electronic records and electronic signatures in Government and its agencies.
6A. Delivery of services by service provider.
7. Retention of electronic records.
7A. Audit of documents, etc., maintained in electronic form.
8. Publication of rule, regulation, etc., in Electronic Gazette.
9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.
10. Power to make rules by Central Government in respect of electronic signature.
10A. Validity of contracts formed through electronic means.

CHAPTER IV

ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS

11. Attribution of electronic records.
12. Acknowledgment of receipt.
13. Time and place of despatch and receipt of electronic record.

CHAPTER V

SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE

14. Secure electronic record.
15. Secure electronic signature.
16. Security procedures and practices.

CHAPTER VI

REGULATION OF CERTIFYING AUTHORITIES

17. Appointment of Controller and other officers.
18. Functions of Controller.
19. Recognition of foreign Certifying Authorities.
20. [Omitted.].
21. Licence to issue electronic signature Certificates.
22. Application for licence.
23. Renewal of licence.
24. Procedure for grant or rejection of licence.
25. Suspension of licence.
26. Notice of suspension or revocation of licence.

2941

SECTIONS

27. Power to delegate.
28. Power to investigate contraventions.
29. Access to computers and data.
30. Certifying Authority to follow certain procedures.
31. Certifying Authority to ensure compliance of the Act, etc.
32. Display of licence.
33. Surrender of licence.
34. Disclosure.

CHAPTER VII

ELECTRONIC SIGNATURE CERTIFICATES

35. Certifying authority to issue electronic signature Certificate.
36. Representations upon issuance of Digital signature Certificate.
37. Suspension of Digital Signature Certificate.
38. Revocation of Digital Signature Certificate.
39. Notice of suspension or revocation.

CHAPTER VIII

DUTIES OF SUBSCRIBERS

40. Generating key pair.
40A. Duties of subscriber of Electronic Signature Certificate.
41. Acceptance of Digital Signature Certificate.
42. Control of private key.

CHAPTER IX

PENALTIES, COMPENSATION AND ADJUDICATION

43. Penalty and compensation for damage to computer, computer system, etc.
43A. Compensation for failure to protect data.
44. Penalty for failure to furnish information, return, etc.
45. Residuary penalty.
46. Power to adjudicate.
47. Factors to be taken into account by the adjudicating officer.

CHAPTER X

THE APPELLATE TRIBUNAL

48. Appellate Tribunal.
49. [Omitted.].
50. [Omitted.].
51. [Omitted.].
52. [Omitted.].
52A. [Omitted.].
52B. [Omitted.].
52C. [Omitted.].
52D. Decision by majority.
53. [Omitted.].
54. [Omitted.].
55. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings.
56. [Omitted.].
57. Appeal to Appellate Tribunal.
58. Procedure and powers of the Appellate Tribunal.
59. Right to legal representation.
60. Limitation.
61. Civil court not to have jurisdiction.
62. Appeal to High Court.
63. Compounding of contraventions.

2952