Quick Solution-Key for AIBE

SECTIONS
23. What considerations and objects are lawful, and what not.

Void agreements
24. Agreement void, if considerations and objects unlawful in part.
25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to

compensate for something done, or is a promise to pay a debt barred by limitation law.
26. Agreement in restraint of marriage, void.
27. Agreement in restraint of trade, void.

Saving of agreement not to carry on business of which good-will is sold.
28. Agreements in restraint of legal proceeding void.

Saving of contract to refer to arbitration dispute that may arise.
Saving of contract to refer questions that have already arisen.
Saving of a guarantee agreement of a bank or a financial institution.
29. Agreements void for uncertainty.
30. Agreements by way of wager, void.
Exception in favour of certain prizes for horse-racing.
Section 294A of the Indian Penal Code not affected.

CHAPTER III
OF CONTINGENT CONTRACTS
31. .
32. Enforcement of contracts contingent on an event happening.
33. Enforcement of contracts contingent on an event not happening.
34. When event on which contract is contingent to be deemed impossible, if it is the future conduct of
a living person.
35. When contracts become void which are contingent on happening of specified event within fixed
time.
When contracts may be enforced, which are contingent on specified event not happening within
fixed time.
36. Agreement contingent on impossible events void.

CHAPTER IV
OF THE PERFORMANCE OF CONTRACTS

Contracts which must be performed
37. Obligation of parties to contracts.
38. Effect of refusal to accept offer of performance.
39. Effect of refusal of party to perform promise wholly.

By whom contracts must be performed

40. Person by whom promise is to be performed.
41. Effect of accepting performance from third person.

346

SECTIONS
42. Devolution of joint liabilities.
43. Any one of joint promisors may be compelled to perform.
Each promisor may compel contribution.
Sharing of loss by default in contribution.
44. Effect of release of one joint promisor.
45. Devolution of joint rights.
Time and place for performance
46. Time for performance of promise, when no application is to be made and no time is specified.
47. Time and place for performance of promise, where time is specified and no application to be
made.
48. Application for performance on certain day to be at proper time and place.
49. Place for performance of promise, where no application to be made and no place fixed for
performance.
50. Performance in manner or at time prescribed or sanctioned by promisee.

Performance of reciprocal promises
51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.
52. Order of performance of reciprocal promises.
53. Liability of party preventing event on which the contract is to take effect.
54. Effect of default as to that promise which should be first performed, in contract consisting of

reciprocal promises.
55. Effect of failure to perform at fixed time, in contract in which time is essential.

Effect of such failure when time is not essential.
Effect of acceptance of performance at time other than that agreed upon.
56. Agreement to do impossible act.
Contract to do an act afterwards becoming impossible or unlawful.
Compensation for loss through non-performance of act known to be impossible or unlawful.
57. Reciprocal promise to do things legal, and also other things illegal.
58. Alternative promise, one branch being illegal.

Appropriation of payments

59. Application of payment where debt to be discharged is indicated.
60. Application of payment where debt to be discharged is not indicated.
61. Application of payment where neither party appropriates.

Contracts which need not be performed

62. Effect of novation, rescission, and alteration of contract.
63. Promisee may dispense with or remit performance of promise.
64. Consequences of rescission of voidable contract.
65. Obligation of person who has received advantage under void agreement, or contract that becomes

void.
66. Mode of communicating or revoking rescission of voidable contract.
67. Effect of neglect of promisee to afford promisor reasonable facilities for performance.

347

CHAPTER V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

SECTIONS
68. Claim for necessaries supplied to person incapable of contracting, or on his account.
69. Reimbursement of person paying money due by another, in payment of which he is interested.
70. Obligation of person enjoying benefit of non-gratuitous act.
71. Responsibility of finder of goods.
72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion.

CHAPTER VI
OF THE CONSEQUENCES OF BREACH OF CONTRACT

73. Compensation for loss or damage caused by breach of contract.

Compensation for failure to discharge obligation resembling those created by contract.

74. Compensation for breach of contract where penalty stipulated for.

75. Party rightfully rescinding contract, entitled to compensation.

[CHAPTER VII SALE OF GOODS.][Repealed.].

76. [Repealed.].

77. [Repealed.].
78. [Repealed.].

79. [Repealed.].

80. [Repealed.].

81. [Repealed.].

82. [Repealed.].

83. [Repealed.].

84. [Repealed.].

85. [Repealed.].

86. [Repealed.].

87. [Repealed.].
88. [Repealed.].
89. [Repealed.].

[DELIVERY.][Repealed.].

90. Repealed.].
91. [Repealed.].
92. [Repealed.].
93. [Repealed.].
94. [Repealed.]

95. [Repealed.]. [ .][Repealed.].
[STOPPAGE IN TRANSIT.][Repealed.].
96. [Repealed.].
97. [Repealed.].
98. [Repealed.]

99. [Repealed.].
100. [Repealed.].
101. [Repealed.].

348

SECTIONS [RESALE.][Repealed.].
102.[Repealed.].
103.[Repealed.]. [TITLE.][Repealed.].
104.[Repealed.]. [WARRANTY.]Repealed.].
105.[Repealed.].
106.[Repealed.].

107. [Repealed.].

108.[Repealed.].

109. [Repealed.]. [MISCELLANEOUS.][Repealed.].
110. [Repealed.].
111. [Repealed.].
112. [Repealed.].
113. [Repealed.].
114. [Repealed.].
115. [Repealed.].
116. [Repealed.].
117. [Repealed.].
118. [Repealed.].

119.[Repealed.].
120.[Repealed.].
121.[Repealed.].
122.[Repealed.].
123.[Repealed.].

CHAPTERVIII
OF INDEMNITY AND GUARANTEE

125. Rights of indemnity-holder when sued.
126. .
127. Consideration for guarantee.
128.
129. C
130. Revocation of continuing guarantee.
131. .
132. Liability of two persons, primarily liable, not affected by arrangement between them that one shall be

133. Discharge of surety by variance in terms of contract.
134. Discharge of surety by release or discharge of principal debtor.
135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor.
136. Surety not discharged when agreement made with third person to give time to principal debtor.
137.
138. Release of one co-surety does not discharge others.

349

SECTIONS
139.
140. Rights of surety on payment or performance.
141.
142. Guarantee obtained by misrepresentation invalid.
143. Guarantee obtained by concealment invalid.
144. Guarantee on contract that creditor shall not act on it until co-surety joins.
145. Implied promise to indemnify surety.
146. Co-sureties liable to contribute equally.
147. Liability of co-sureties bound in different sums.

CHAPTER IX
OF BAILMENT

148.
149. Delivery to bailee how made.
150. duty to disclose faults in goods bailed.
151. Care to be taken by bailee.
152. Bailee when not liable for loss, etc., of thing bailed.
153.
154. Liability of bailee making unauthorized use of goods bailed.
155.
156. s can be separated.
157.
158. Repayment, by bailor, of necessary expenses.
159. Restoration of goods lent gratuitously.
160. Return of goods bailed on expiration of time or accomplishment of purpose.
161.
162. Termination of gratuitous bailment by death.
163. Bailor entitled to increase or profit from goods bailed.
164.
165. Bailment by several joint owners.
166. Bailee not responsible on re-delivery to bailor without title.
167. Right of third person claiming goods bailed.
168. Right of finder of goods.

May sue for specific reward offered.
169. When finder of thing commonly on sale may sell it.
170.
171. General lien of bankers, factors, wharfingers, attorneys and policy-brokers.

Bailments of pledges

172.
173. retainer.

350

SECTIONS
174. Pawnee not to retain for debt or promise other than that for which goods pledged.
Presumption in case of subsequent advances.
175.
176.
177. Defaulting
178. Pledge by mercantile agent.
178A. Pledge by person in possession under voidable contract.
179. Pledge where pawnor has only a limited interest.

Suits by bailees or bailors against wrong-doers

180. Suit by bailor or bailee against wrong-doer.
181. Apportionment of relief or compensation obtained by such suits.

CHAPTER X
AGENCY

Appointment and authority of agents

182.
183. Who may employ agent.
184. Who may be an agent.
185. Consideration not necessary.
186. ed or implied.
187. Definitions of express and implied authority.
188.
189.

Sub-agents

190. When agent cannot delegate.
191. -
192. Representation of principal by sub-agent properly appointed.

responsibility for sub-agent.
Sub-
193. -agent appointed without authority.
194. Relation between principal and person duly appointed by agent to act in business of agency.
195.

Ratification

196. Right of person as to acts done for him without his authority.
Effect of ratification.

197. Ratification may be expressed or implied.
198. Knowledge requisite for valid ratification.
199. Effect of ratifying unauthorized act forming part of a transaction.
200. Ratification of unauthorized act cannot injure third person.

351

Revocation of authority
SECTIONS

201. Termination of agency.
202. Termination of agency, where agent has an interest in subject-matter.
203.
204. Revocation where authority has been partly exercised.
205. Compensation for revocation by principal, or renunciation by agent.
206. Notice of revocation or renunciation.
207. Revocation and renunciation may be expressed or implied.
208. as to third persons.
209.
210. Termination of sub-

211.
212. Skill and diligence required from agent.
213. accounts.
214.
215. Right of principal when agent deals, on his own account, in business of agency without

princi
216.
217.
218.
219.
220. Agent not entitled to remuneration for business misconducted.
221. ty.

222. Agent to be indemnified against consequences of lawful acts.
223. Agent to be indemnified against consequences of acts done in good faith.
224. Non-liability of employer of agent to do a criminal act.
225. Compensation to agent for injury ca

Effect of agency on contracts with third persons

226.
227. Principal how far bound, when agent exceeds authority.
228.
229. Consequences of notice given to agent.
230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.

Presumption of contract to contrary.
231. Rights of parties to a contract made by agent not disclosed.
232. Performance of contract with agent supposed to be principal.
233. Right of person dealing with agent personally liable.

352

SECTIONS
234. Consequence of inducing agent or principal to act on belief that principal or agent will be held
exclusively liable.
235. Liability of pretended agent.
236. Person falsely contracting as agent not entitled to performance.
237.
238. Effect, on agreement, of misrepresentation or fraud by agent.

CHAPTER XI
OF PARTNERSHIP

239. [Repealed.].
240. [Repealed.].
241. [Repealed.].
242. [Repealed.].
243. [Repealed.].
244. [Repealed.].
245. [Repealed.].
246. [Repealed.].
247. [Repealed.].
248. [Repealed.].
249. [Repealed.].
250. [Repealed.].
251. [Repealed.].
252. [Repealed.].
253. [Repealed.].
254. [Repealed.].
255. [Repealed.].
256. [Repealed.].
257. [Repealed.].
258. [Repealed.].
259. [Repealed.].
260. [Repealed.].
261. [Repealed.].
262. [Repealed.].
263. [Repealed.].
264. [Repealed.].
265. [Repealed.].
266. [Repealed.].
SCHEDULE [Repealed.]

353

THE SPECIFIC RELIEF ACT, 1963
_______

ARRANGEMENT OF SECTIONS
________
PART I

PRELIMINARY
SECTIONS

1. Short title, extent and commencement.
2. Definitions.
3. Savings.
4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal

laws.
PART II

SPECIFIC RELIEF
CHAPTER I

RECOVERING POSSESSION OF PROPERTY
5. Recovery of specific immovable property.
6. Suit by person dispossessed of immovable property.
7. Recovery of specific movable property.
8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate

possession.
CHAPTER II

SPECIFIC PERFORMANCE OF CONTRACTS
9. Defences respecting suits for relief based on contract.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED
10. Specific performance in respect of contracts.
11. Cases in which specific performance of contracts connected with trusts enforceable.
12. Specific performance of part of contract.
13. Rights of purchaser or lessee against person with no title or imperfect title.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED
14. Contracts not specifically enforceable.
14A. Power of court to engage experts.

PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED
15. Who may obtain specific performance.
16. Personal bars to relief.
17. Contract to sell or let property by one who has no title, not specifically enforceable.
18. Non-enforcement except with variation.
19. Relief against parties and persons claiming under them by subsequent title.

354

Substituted performance of contracts, etc.
SECTIONS

20. Substituted performance of contract.
20A. Special provisions for contract relating to infrastructure project.
20B. Special Courts.
20C. Expeditious disposal of suits.
21. Power to award compensation in certain cases.
22. Power to grant relief for possession, partition, refund of earnest money, etc.
23. Liquidation of damages not a bar to specific performance.
24. Bar of suit for compensation for breach after dismissal of suit for specific performance.

ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS
25. Application of preceding sections to certain awards and testamentary directions to execute

settlements.
CHAPTER III

RECTIFICATION OF INSTRUMENTS
26. When instrument may be rectified.

CHAPTER IV
RESCISSION OF CONTRACTS
27. When rescission may be adjudged or refused.
28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the
specific performance of which has been decreed.
29. Alternative prayer for rescission in suit for specific performance.
30. Court may require parties rescinding to do equity.

CHAPTER V
CANCELLATION OF INSTRUMENTS
31. When cancellation may be ordered.
32. What instruments may be partially cancelled.
33. Power to require benefit to be restored or compensation to be made when instrument is cancelled
or is successfully resisted as being void or voidable.

CHAPTER VI
DECLARATORY DECREES
34. Discretion of court as to declaration of status or right.
35. Effect of declaration.

PART III
PREVENTIVE RELIEF

CHAPTER VII
INJUNCTIONS GENERALLY
36. Preventive relief how granted.

355

SECTIONS
37. Temporary and perpetual injunctions.
CHAPTER VIII
PERPETUAL INJUNCTIONS
38. Perpetual injunction when granted.
39. Mandatory injunctions.
40. Damages in lieu of, or in addition to, injunction.
41. Injunction when refused.
42. Injunction to perform negative agreement.
43. [Repealed.].
44. [Repealed.].
THE SCHEDULE.

356

THE INDUSTRIAL DISPUTES ACT, 1947
____________

ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY

SECTIONS
1. Short title, extent and commencement.
2. Definitions.
2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.

CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee.
4. Conciliation officers.
5. Board of Conciliation.
6. Courts of Inquiry.
7. Labour Courts.
7A. Tribunals.
7B. National Tribunals.
7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals.
7D. Qualifications, terms and conditions of service of Presiding Officer.
8. Filling of vacancies.
9. Finality of orders constituting Boards, etc.

CHAPTER IIA
NOTICE OF CHANGE
9A. Notice of change.
9B. Power of Government to exempt.

CHAPTER IIB
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES
9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to

such authorities.

CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
10. Reference of disputes to Boards, Courts or Tribunals.
10A. Voluntary reference of disputes to arbitration.

357

CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

SECTIONS
11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.
11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of
discharge or dismissal of workmen.
12. Duties of conciliation officers.
13. Duties of Board.
14. Duties of Courts.
15. Duties of Labour Courts, Tribunals and National Tribunals.
16. Form of report or award.
17. Publication of reports and awards.
17A. Commencement of the award.
17B. Payment of full wages to workman pending proceedings in higher courts.
18. Persons on whom settlements and awards are binding.
19. Period of operation of settlements and awards.
20. Commencement and conclusion of proceedings.
21. Certain matters to be kept confidential.

CHAPTER V
STRIKES AND LOCK-OUTS
22. Prohibition of strikes and lock-outs.
23. General prohibition of strikes and lock-outs.
24. Illegal strikes and lock-outs.
25. Prohibition of financial aid to illegal strikes and lock-outs.

CHAPTER VA .
LAY-OFF AND RETRENCHMENT
25A. Application of sections 25C to 25E.
25B. Definition of continuous service.
25C. Right of workmen laid-off for compensation.
25D. Duty of an employer to maintain muster rolls of workmen.
25E. Workmen not entitled to compensation in certain cases.
25F. Conditions precedent to retrenchment of workmen.
25FF. Compensation to workmen in case of transfer of undertakings.

25FFF. Compensation to workmen in case of closing down of undertakings.
25G. Procedure for retrenchment.
25H. Re-employment of retrenched workmen.
25-I. [Repealed.]
25J. Effect of laws inconsistent with this Chapter.

358

CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN

ESTABLISHMENTS

SECTIONS
25K. Application of Chapter VB.
25L. Definitions.
25M. Prohibition of lay-off.
25N. Conditions precedent to retrenchment of workmen.
25-O. Procedure for closing down an undertaking.
25P. Special provision as to restarting of undertakings closed down before commencement of the
Industrial Disputes (Amendment) Act, 1976.
25Q. Penalty for lay-off and retrenchment without previous permission.
25R. Penalty for closure.
25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter
applies.

CHAPTER VC
UNFAIR LABOUR PRACTICES
25T. Prohibition of unfair labour practice.
25U. Penalty for committing unfair labour practices.

CHAPTER VI
PENALTIES

26. Penalty for illegal strikes and lock-outs.
27. Penalty for instigation, etc.
28. Penalty for giving financial aid to illegal strikes and lock-outs.
29. Penalty for breach of settlement or award.
30. Penalty for disclosing confidential information.
30A. Penalty for closure without notice.
31. Penalty for other offences.

CHAPTER VII
MISCELLANEOUS
32. Offence by companies, etc.
33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of
proceedings.
33A. Special provision for adjudication as to whether conditions of service, etc., changed during
pendency of proceedings.
33B. Power to transfer certain proceedings.
33C. Recovery of money due from an employer.
34. Cognizance of offences.
35. Protection of persons.
36. Representation of parties.
36A. Power to remove difficulties.
36B. Power to exempt.
37. Protection of action taken under the Act.
38. Power to make rules.

359

SECTIONS
39. Delegation of powers.
40. Power to amend Schedules.
THE FIRST SCHEDULE. INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY
SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2.
THE SECOND SCHEDULE. MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS.
THE THIRD SCHEDULE. MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS.
THE FOURTH SCHEDULE. CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE
GIVEN.
THE FIFTH SCHEDULE. UNFAIR LABOUR PRACTICES.

360

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
_______

ARRANGEMENT OF SECTION
_______

SECTION
1. Short title, extent and application.
2. Interpretation.
3. Submission of draft standing orders.
4. Conditions for certification of standing orders.
5. Certification of standing orders.
6. Appeals.
7. Date of operation of standing orders.
8. Register of standing orders.
9. Posting of standing orders.
10. Duration and modification of standing orders.
10A. Payment of subsistence allowance.
11. Certifying Officers and appellate authorities to have powers of civil court.
12. Oral evidence in contradiction of standing orders not admissible.
12A. Temporary application of model standing orders.
13. Penalties and procedure.
13A. Interpretation, etc., of standing orders.
13B. Act not to apply to certain industrial establishments.
14. Power to exempt.
14A. Delegation of powers.
15. Power to make rules.
THE SCHEDULE

361

THE TRADE UNIONS ACT, 1926

(Modified as on 17-11- 2020)

____________
ARRANGEMENT OF SECTIONS

____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
REGISTRATION OF TRADE UNIONS
3. Appointment of Registrars.
4. Mode of registration.
5. Application for registration.
6. Provisions to be contained in the rules of a Trade Union.
7. Power to call for further particulars and to require alteration of name.
8. Registration.
9. Certificate of registration.
9A. Minimum requirement about membership of a Trade Union.
10. Cancellation of registration.
11. Appeal.
12. Registered office.
13. Incorporation of registered Trade Unions.
14. Certain Acts not to apply to registered Trade Unions.
CHAPTER III
RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS
15. Objects on which general funds may be spent.
16. Constitution of a separate fund for political purposes.
17. Criminal conspiracy in trade disputes.
18. Immunity from civil suit in certain cases.
19. Enforceability of agreements.
20. Right to inspect books of Trade Union.
21. Rights of minors to membership of Trade Unions.
21A. Disqualifications of office-bearers of Trade Unions.
22. Proportion of office-bearers to be connected with the industry.
23. Change of name.
24. Amalgamation of Trade Unions.
25. Notice of change of name or amalgamation.

362

SECTIONS
26. Effects of change of name and of amalgamation.
27. Dissolution.
28. Returns.
CHAPTER IV
REGULATIONS
29. Power to make regulations.
30. Publication of regulations.
CHAPTER V
PENALTIES AND PROCEDURE
31. Failure to submit returns.
32. Supplying false information regarding Trade Unions.
33. Cognizance of offences.

363

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

________________

ARRANGEMENT OF SECTIONS
_________________

CHAPTER I

PRELIMINARY

SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Prevention of sexual harassment.

CHAPTER II
CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE

4. Constitution of Internal Complaints Committee.

CHAPTER III
CONSTITUTION OF LOCAL COMPLAINTS COMMITTEE

5. Notification of District Officer.
6. Constitution and jurisdiction of Local Committee.
7. Composition tenure and other terms and conditions of Local Committee.
8. Grants and audit.

CHAPTER IV
COMPLAINT

9. Complaint of sexual harassment.
10. Conciliation.
11. Inquiry into complaint.

CHAPTER V

INQUIRY INTO COMPLAINT
12. Action during pendency of inquiry.
13. Inquiry report.
14. Punishment for false or malicious complaint and false evidence.
15. Determination of compensation.
16. Prohibition of publication or making known contents of complaint and inquiry proceedings.
17. Penalty for publication or making known contents of complaint and inquiry proceedings.
18. Appeal.

364

CHAPTER VI
DUTIES OF EMPLOYER

SECTIONS
19. Duties of employer.

CHAPTER VII
DUTIES AND POWERS OF DISTRICT OFFICER

20. Duties and powers of District Officer.

CHAPTER VIII

MISCELLANEOUS
21. Committee to submit annual report.
22. Employer to include information in annual report.
23. Appropriate Government to monitor implementation and maintain data.
24. Appropriate Government to take measures to publicise the Act.
25. Power to call for information and inspection of records.
26. Penalty for non-compliance with provisions of Act.
27. Cognizance of offence by courts.
28. Act not in derogation of any other law.
29. Power of appropriate Government to make rules.
30. Power to remove difficulties.

365

366

367

368

THE MINIMUM WAGES ACT, 1948
__________

ARRANGEMENT OF SECTIONS
___________

SECTIONS
1. Short title and extent.
2. Interpretation.
3. Fixing of minimum rates of wages.
4. Minimum rate of wages.
5. Procedure for fixing and revising minimum wages.
6. [Omitted.].
7. Advisory Board.
8. Central Advisory Board.
9. Composition of committees, etc.
10. Correction of errors.
11. Wages in kind.
12. Payment of minimum rates of wages.
13. Fixing hours for a normal working day, etc.
14. Overtime.
15. Wages of worker who works for less than normal working day.
16. Wages for two or more classes of work.
17. Minimum time rate wages for piece work.
18. Maintenance of registers and records.
19. Inspectors.
20. Claims.
21. Single application in respect of a number of employees.
22. Penalties for certain offences.

22A. General provision for punishment of other offences.

22B. Cognizance of offences.

22C. Offences by companies.

22D. Payment of undisbursed amounts due to employees.

22E. Protection against attachment of assets of employer with Government.

22F. Application of Payment of Wages Act, 1936, to scheduled employments.

23. Exemption of employer from liability in certain cases.
24. Bar of suits.
25. Contracting out.
26. Exemptions and exceptions.
27. Power of State Government to add to Schedule.
28. Power of Central Government to give directions
29. Power of the Central Government to make rules.

369

SECTIONS
30. Power of appropriate Government to make rules.
30A. Rules made by Central Government to be laid before Parliament.
31. Validation of fixation of certain minimum rates of wages.
THE SCHEDULE.

370

THE FACTORIES ACT, 1948

_______

ARRANGEMENT OF SECTIONS
________

CHAPTER I
PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Interpretation.

3. References to time of day.

4. Power to declare different departments to be separate factories or two or more factories to be a
single factory.

5. Power to exempt during public emergency.

6. Approval, licensing and registration of factories.

7. Notice by occupier.

CHAPTER II
THE INSPECTING STAFF

7A. General duties of the occupier.

7B. General duties of manufacturers, etc., as regards articles and substances for use in factories.

8. Inspectors.

9. Powers of Inspectors.

10. Certifying surgeons.

CHAPTER III

HEALTH

11. Cleanliness.

12. Disposal of wastes and effluents.

13. Ventilation and temperature.

14. Dust and fume.

15. Artificial humidification.

16. Overcrowding.

17. Lighting.

18. Drinking water.

19. Latrines and urinals.

20. Spittoons.

CHAPTER IV

SAFETY

21. Fencing of machinery.

22. Work on or near machinery in motion.

371

SECTIONS
23. Employment of young persons on dangerous machines.
24. Striking gear and devices for cutting off power.
25. Self-acting machines.
26. Casing of new machinery.
27. Prohibition of employment of women and children near cotton-openers.
28. Hoists and lifts.
29. Lifting machines, chains, ropes and lifting tackles.
30. Revolving machinery.
31. Pressure plant.
32. Floors, stairs and means of access.
33. Pits, sumps openings in floors, etc.
34. Excessive weights.
35. Protection of eyes.
36. Precautions against dangerous fumes, gases, etc.
36A. Precautions regarding the use of portable electric light.
37. Explosive or inflammable dust, gas, etc.
38. Precautions in case of fire.
39. Power to require specifications of defective parts or tests of stability.
40. Safety of buildings and machinery.
40A. Maintenance of buildings.
40B. Safety Officers.
41. Power to make rules to supplement this Chapter.
CHAPTER IVA
PROVISION RELATING TO HAZARDOUS PROCESSES
41A. Constitution of Site Appraisal Committees.
41B. Compulsory disclosure of information by the occupier.
41C. Specific responsibility of the occupier in relation to hazardous processes.
41D. Power of Central Government to appoint Inquiry Committee.
41E. Emergency standards.
41F. Permissible limits of exposure of chemical and toxic substances.

41H. Right of workers to warn about imminent danger.
CHAPTER V
WELFARE

42. Washing facilities.
43. Facilities for storing and drying clothing.

372

SECTIONS
44. Facilities for sitting.
45. First-aid appliances.
46. Canteens.
47. Shelters, rest rooms and lunch rooms.
48. Creches.
49. Welfare officers.
50. Power to make rules to supplement this Chapter.
CHAPTER VI
WORKING HOURS OF ADULTS
51. Weekly hours.
52. Weekly holidays.
53. Compensatory holidays.
54. Daily hours.
55. Intervals for rest.
56. Spread over.
57. Night shifts.
58. Prohibition of overlapping shifts.
59. Extra wages for overtime.
60. Restriction on double employment.
61. Notice of periods of work for adults.
62. Register of adult workers.
63. Hours of work to correspond with notice under section 61 and register under section 62.
64. Power to make exempting rules.
65. Power to make exempting orders.
66. Further restrictions on employment of women.
CHAPTER VII
EMPLOYMENT OF YOUNG PERSONS
67. Prohibition of employment of young children.
68. Non-adult workers to carry tokens.
69. Certificates of fitness.
70. Effect of certificate of fitness granted to adolescent.
71. Working hours for children.
72. Notice of periods of work for children.
73. Register of child workers.
74. Hours of work to correspond with notice under section 72 and register under section 73.
75. Power to require medical examination.
76. Power to make rules.
77. Certain other provisions of law not barred.

373

CHAPTER VIII
ANNUAL LEAVE WITH WAGES

SECTIONS

78. Application of Chapter.

79. Annual leave with wages.

80. Wages during leave period.

81. Payment in advance in certain cases.

82. Mode of recovery of unpaid wages.

83. Power to make rules.

84. Power to exempt factories.

CHAPTER IX

SPECIAL PROVISIONS

85. Power to apply the act to certain premises.

86. Power to exempt public institutions.

87. Dangerous operations.

87A. Power to prohibit employment on account of serious hazard.

88. Notice of certain accidents.

88A. Notice of certain dangerous occurrences.

89. Notice of certain diseases.

90. Power to direct enquiry into cases of accident or disease.

91. Power to take samples.

91A. Safety and occupational health surveys.

CHAPTER X

PENALTIES AND PROCEDURE

92. General penalty for offences.

93. Liability of owner of premises in certain circumstances.

94. Enhanced penalty after previous conviction.

95. Penalty for obstructing Inspector.

96. Penalty for wrongfully disclosing results of analysis under section 91.

96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.

97. Offences by workers.

98. Penalty for using false certificate of fitness.

99. Penalty for permitting double employment of child.

100. [Repealed.]

101. Exemption of occupier or manager from liability in certain cases.

102. Power of Court to make orders.

103. Presumption as to employment.

104. Onus as to age.

374

SECTIONS
104A. Onus of proving limits of what is practicable, etc.
105. Cognizance of offences.
106. Limitation of prosecutions.
106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.
CHAPTER XI
SUPPLEMENTAL
107. Appeals.
108. Display of notices.
109. Service of notices.
110. Returns.
111. Obligations of workers.
111A. Right of workers, etc.
112. General power to make rules.
113. Powers of Centre to give directions.
114. No charge for facilities and conveniences.
115. Publication of rules.
116. Application of Act to Government factories.
117. Protection to persons acting under this Act.
118. Restrictions on disclosure of information.
118A. Restriction on disclosure of information.
119. Act to have effect notwithstanding anything contained in Act 37 of 1970.
120. Repeal and savings.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.

375

SOCIAL SECURITY ACT, 2008
__________

ARRANGEMENT OF SECTIONS
________

CHAPTER I

PRELIMINARY

SECTIONS
1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

SOCIAL SECURITY BENEFITS

3. Framing of scheme.

4. Funding of Central Government Schemes.

CHAPTER III

NATIONAL SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS
5. National Social Security Board

CHAPTER IV

STATE SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS
6. State Social Security Board.
7. Funding of State Government Schemes.
8. Record keeping by District Administration.
9. Workers facilitation centres.

CHAPTER V

REGISTRATION
10. Eligibility for registration and social security benefits.

CHAPTER VI

MISCELLANEOUS
11. Power of Central Government to give directions.
12. Vacancies, etc., not to invalidate proceedings.
13. Power to make rules by Central Government.
14. Power to make rules by State Government.
15. Laying of rules.
16. Saving of certain laws.
17. Power to remove difficulties.

SCHEDULE I.
SCHEDULE II.

376

THE PAYMENT OF WAGES ACT, 1936
_________

ARRANGEMENT OF SECTIONS
__________

SECTIONS
1. Short title, extent, commencement and application.
2. Definitions.
3. Responsibility for payment of wages.
4. Fixation of wage-periods.
5. Time of payment of wages.
6. Wages to be paid in current coin or currency notes or by cheque or crediting in bank account.
7. Deductions which may be made from wages.
8. Fines.
9. Deductions for absence from duty.
10. Deductions for damage or loss.
11. Deductions for services rendered.
12. Deductions for recovery of advances.
12A. Deductions for recovery of loans.
13. Deductions for payments to co-operative societies and insurance schemes.
13A. Maintenance of registers and records.
14. Inspectors.
14A. Facilities to be afforded to Inspectors.
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for
malicious or vexatious claims.
16. Single application in respect of claims from unpaid group.
17. Appeal.
17A. Conditional attachment of property of employer or other person responsible for payment of
wages.
18. Powers of authorities appointed under section 15.
19. [Omitted.].
20. Penalty for offences under the Act.
21. Procedure in trial of offences.

377

SECTIONS
22. Bar of Suits.
22A. Protection of action taken in good faith.
23. Contracting out.
24. Delegation of powers.
25. Display by notice of abstracts of the Act.
25A. Payment of undisbursed wages in cases of death of employed person.
26. Rule-making power.

378

THE PAYMENT OF BONUS ACT, 1965

__________

ARRANGEMENT OF SECTIONS

__________

SECTIONS

1. Short title, extent and application.
2. Definitions.
3. Establishments to include departments, undertakings and branches.
4. Computation of gross profits.
5. Computation of available surplus.
6. Sums deductible from gross profits.
7. Calculation of direct tax payable by the employer.
8. Eligibility for bonus.
9. Disqualification for bonus.
10. Payment of minimum bonus.
11. Payment of maximum bonus.
12. Calculation of bonus with respect to certain employees.
13. Proportionate reduction in bonus in certain cases.
14. Computation of number of working days.
15. Set on and set off of allocable surplus.
16. Special provisions with respect to certain establishments.
17. Adjustment of customary or interim bonus against bonus payable under the Act.
18. Deduction of certain amounts from bonus payable under the Act.
19. Time-limit for payment of bonus.
20. Application of Act to establishments in public sector in certain cases.
21. Recovery of bonus due from an employer.
22. Reference of disputes under the Act.
23. Presumption about accuracy of balance-sheet and profit and loss account of corporations and

companies.
24. Audited accounts of banking companies not to be questioned.
25. Audit of accounts of employers, not being corporations or companies.
26. Maintenance of registers, records, etc.
27. Inspectors.
28. Penalty.
29. Offences by companies.
30. Cognizance of offences.
31. Protection of action taken under the Act.
31A. Special provision with respect to payment of bonus linked with production or productivity.
32. Act not to apply to certain classes of employees.
33. [Repealed.]
34. Effect of laws and agreements inconsistent with the Act.
35. Saving.
36. Power of exemption.
37. [Repealed.]
38. Power to make rules.
39. Application of certain law not barred.

379

SECTIONS
40. Repeal and saving.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.

380

THE PAYMENT OF GRATUITY ACT, 1972
______________

ARRANGEMENT OF SECTIONS
_________

SECTIONS
1. Short title, extent, application and commencement.
2. Definitions.
2A. Continuous service.
3. Controlling authority.
4. Payment of gratuity.
4A. Compulsory insurance.
5. Power to exempt.
6. Nomination.
7. Determination of the amount of gratuity.
7A. Inspectors.
7B. Powers of Inspectors.
8. Recovery of gratuity.
9. Penalties.
10. Exemption of employer from liability in certain cases.
11. Cognizance of offences.
12. Protection of action taken in good faith.
13. Protection of gratuity.
14. Act to override other enactments, etc.
15. Power to make rules.

381

382

383

384

385

386

387

THE NEGOTIABLE INSTRUMENTS ACT, 1881
_____________

ARRENGMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY

SECTIONS
1. Short title.
Local extent,
Saving of usages relating to hundis, etc.,
Commencement.
2. [Repealed.].
3. Interpretation-clause.
Banker.
CHAPTER II
OF NOTES, BILLSAND CHEQUES

7. ,

8.
9.
10.
11. Inland instrument.
12. Foreign instrument.

14. Negotiation.
15. Indorsement.

388

SECTIONS u
16.

17. Ambiguous instruments.
18. Where amount is stated differently in figures and words.
19. Instruments payable on demand.
20. Inchoate stamped instruments.
21.

22.
Days of grace.
23. Calculating maturity of bill or note payable so many months after date or sight.
24. Calculating maturity of bill or note payable so many days after date or sight.
25. When day of maturity is a holiday.

CHAPTER III
PARTIESTO NOTES, BILLSAND CHEQUES.
26. Capacity to make, etc., promissory notes, etc.
Minor.
27. Agency.
28. Liability of agent signing.
29. Liability of legal representative signing.
30. Liability of drawer.
31. Liability of drawee of cheque.
32. Liability of maker of note and acceptor of bill.
33. Only drawee can be acceptor except in need or for honour.
34. Acceptance by several drawees not partners.
35. Liability of indorser.
36. Liability of prior parties to holder in due course.
37. Maker, drawer and acceptor principals.
38. Prior party a principal in respect of each subsequent party.
39. Surety ship.
40. Discharge of indorser s liability.

389

SECTIONS
41. Acceptor bound, although indorsement forged.
42. Acceptance of bill drawn in fictitious name.
43. Negotiable instrument made, etc., without consideration.
44. Partial absence or failure of money-consideration.
45. Partial failure of consideration not consisting of money.
45A. Holder s right to duplicate of lost bill.
CHAPTER IV
OF NEGOTIATION
46. Delivery.
47. Negotiation by delivery.
48. Negotiation by indorsement.
49. Conversion of indorsement in blank into indorsement in full.
50. Effect of indorsement.
51. Who may negotiate.
52. Indorser who excludes his own liability or makes it conditional.
53. Holder deriving title from holder in due course.
54. Instrument indorsed in blank.
55. Conversion of indorsement in blank into indorsement in full.
56. Indorsement for part of sum due.
57. Legal representative cannot by delivery only negotiate instrument indorsed by deceased.
58. Instrument obtained by unlawful means or for unlawful consideration.
59. Instrument acquired after dishonour or when overdue.
Accommodation note or bill.
60. Instrument negotiable till payment or satisfaction.
CHAPTERV
OF PRESENTMENT
61. Presentment for acceptance.
62. Presentment of promissory note for sight.
.
64. Presentment for payment.
65. Hours for presentment.
66. Presentment for payment of instrument payable after date or sight.
67. Presentment for payment of promissory note payable by instalments.

390

SECTIONS
68. Presentment for payment of instrument payable at specified place and not elsewhere.
69. Instrument payable at specified place.
70.Presentment where no exclusive place specified.
71. Presentment when maker, etc., has no known place of business or residence.
72. Presentment of cheque to charge drawer.
73. Presentment of cheque to charge any other person.
74. Presentment of instrument payable on demand.
75. Presentment by or to agent, representative of deceased, or assignee of insolvent.
75A. Excuse for delay in presentment for acceptance or payment.
76. When presentment unnecessary.
77. Liability of banker for negligently dealing with bill presented for payment.
CHAPTER VI
OF PAYMENTAND INTEREST
78. To whom payment should be made.
79. Interest when rate specified.
80. Interest when no rate specified.
81. Delivery of instrument on payment or indemnity in case of loss.
CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES,BILLS AND CHEQUES
82. Discharge from liability.
(a) by cancellation;
(b) by release;
(c) by payment.
83. Discharge by allowing drawee more than forty-eight hours to accept.
84. When cheque not duly presented and drawer damaged thereby.
85. Cheque payable to order.
85A. Drafts drawn by one branch of a bank on another payable to order.
86. Parties not consenting discharged by qualified or limited ac ceptance.
87. Effect of material alteration.
Alteration by indorsee.
88. Acceptor or indorser bound notwithstanding previous alteration.
89. Payment of instrument on which alteration is not apparent.
90. Extinguishment of rights of action on bill in acceptors hands.

391

CHAPTER VIII
OF NOTICE OF DISHONOUR
SECTIONS
91. Dishonour by non-acceptance.
92. Dishonour by non-payment.
93. By and to whom notice should be given.
94. Mode in which notice may be given.
95. Party receiving must transmit notice of dishonour.
96. Agent for presentment.
97. When party to whom notice given is dead.
98. When notice of dishonour is unnecessary.

CHAPTER IX
OF NOTING AND PROTEST
99. Noting.
100. Protest.
Protest for better security.
101. Contents of protest.
102. Notice of protest.
103. Protest for non-payment after dishonour by non-acceptance.
104. Protest of foreign bills.
104A.When noting equivalent to protest.

CHAPTER X
OF REASONABLE TIME
105. Reasonable time.
106. Reasonable time of giving notice of dishonour.
107. Reasonable time for transmitting such notice.

CHAPTER XI
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
108. Acceptance for honour.
109. How acceptance for honour must be made.
110. Acceptance not specifying for whose honour it is made.
111. Liability of acceptor for honour.
112. When acceptor for honour may be charged.
113. Payment for honour.
114. Right of payer for honour.
115. Drawee in case of need.

392

SECTIONS
116. Acceptance and payment without protest.
CHAPTER XII
OF COMPENSATION
117. Rules as to compensation.
CHAPTER XIII
SPECIAL RULES OF EVIDENCE
118. Presumptions as to negotiable instruments.
(a) of consideration;
(b) as to date;
(c) as to time of acceptance;
(d) as to time of transfer;
(e) as to order of indorsements;
(f) as to stamp;
(g) that holder is a holder in due course;
119. Presumption on proof of protest.
120. Estoppel against denying original validity of instrument.
121. Estoppel against denying capacity of payee to indorse.
122. Estoppel against denying signature or capacity of prior party.
CHAPTER XIV
OF CROSSEDCHEQUES
123. Cheque crossed generally.
124. Cheque crossed specially.
125. Crossing after issue.
126. Payment of cheque crossed generally.
Payment of cheque crossed specially.
127. Payment of cheque crossed specially more than once.
128. Payment in due course of crossed cheque.
129. Payment of crossed cheque out of due course.
130. Cheque
131. Non-liability of banker receiving payment of cheque.
131A. Application of Chapter to drafts.

393

CHAPTERXV
OF BILLS IN SETS
SECTIONS
132. Set of bills.
133. Holder of first acquired part entitled to.

CHAPTER XVI
OF INTERNATIONALLAW
134. Law governing liability of maker, acceptor or indorser of foreign instrument.
135. Law of place of payment governs dishonour.
136. Instrument made, etc., out of India, but in accordance with the law of India.
137. Presumption as to foreign law.

CHAPTER XVII
OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE

ACCOUNTS

138. Dishonour of cheque for insufficiency, etc., of funds in the account.
139. Presumption in favour of holder.
140. Defence which may not be allowed in any prosecution under section 138.
141. Offences by companies.
142. Cognizance of offences.
142A. Validation for transfer of pending cases.
143. Power of Court to try cases summarily.
143A. Power to direct interim compensation.
144. Mode of service of summons.
145. Evidence on affidavit.
146. slip prima facie evidence of certain facts.
147. Offences to be compoundable.
148. Power of Appellate Court to order payment pending appeal against conviction.

SCHEDULE. [Enactments repealed].

394

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Application of Act.
3. Definitions.

CHAPTER II
DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
A. PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC

PURPOSE
4. Preparation of Social Impact Assessment study.
5. Public hearing for Social Impact Assessment.
6. Publication of Social Impact Assessment study.

B. APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP
7. Appraisal of Social Impact Assessment report by an Expert Group.
8. Examination of proposals for land acquisition and Social Impact Assessment report by

appropriate Government.
9. Exemption from Social Impact Assessment.

CHAPTER III
SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
10. Special provision to safeguard food security.

CHAPTER IV
NOTIFICATION AND ACQUISITION
11. Publication of preliminary notification and power of officers thereupon.
12. Preliminary survey of land and power of officers to carry out survey.
13. Payment for damage.
14. Lapse of Social Impact Assessment report.
15. Hearing of objections.

391 5