INDIAN ACTS IN BRIEF FOR LAYMAN

1. ADVOCATES ACT, 1961

The Act provides law relating to legal practitioners. It provides constitution of State Bar Councils
for States and Bar Council of India for the administration and regulations of matters relating to
advocates. The main function of State Bar Council is to admit persons as advocates on its rolls, to
entertain cases of misconduct against advocates on its roll etc. etc. The details of all functions of
State Bar Council are given in Section-6. The functions of Bar Council of India are detailed in
Section-7.
It has provisions regarding admission and enrolment of advocates to State Bar Council. It also
contains provision regarding conduct of advocates.

This Act declares advocates to be the only recognized class of persons entitled to practice law.
They are given right to practice through out the territories to which this act extents including all
courts, tribunals etc.

2. ALL INDIA SERVICES ACT, 1951

The Act empowers Central Government to create:-

(i) The Indian Service for Engineers (Irrigation, Power, Building

(ii) The Indian Forest Service.
(iii) The Indian Medical & Health Service.

As All India Service, the Centre Government is further empowered to make rules for the
regulation of recruitment and the condition of service o persons, appointed to an All India Service.

3. ANAND MARRIAGE ACT, 1909

The Act is enacted to give legal validity to marriages solemnize according to the Sikh Marriage
ceremony called Anand. They are declared good and valid in law.

This Act does not apply any marriage between persons not professing the Sikh religion or any
marriage, which has been judicially declared to be null and void.

The Act also clarifies that it does not validate any marriage between persons who are related each
other in any degree consanguinity or affinity which would, according to the customary law of the
Sikhs, render a marriage between them illegal.

4. THE ANTI HIJACKING ACT, 1982

The India had signed a convention for the suppression on unlawful seizure of Air Craft on
16.12.1970. This Act was made to accede to the said convention to make provision for giving
effects to the matters in the said convention.
The Law deals with Hijacking of Aeroplane. It has provisions for investigation, punishment, etc.
relating to hijacking of aeroplane.

This Act also provides for special Courts for speedy trial of offences under this Act. No prosecution
under this Act can be instituted without previous sanction of Central Government. The punishment
for hijacking aeroplane is life imprisonment with fine under this Act.

5. THE ANTIQUITIES & TREASURES ACT, 1972

In simple words Antiquities means old thing having artistic and aesthetic value. The detail
meaning of antiquities and art treasures is given in Section-2(a) and Section-2(b) of this Act.

Central government or any authority or agency authorised by it can only lawfully export any
antiquity and art treasure. Selling of antiquities can be done after obtaining licence. Antiquities
specifies by Central government are also required to be registered with government.

Provisions for related matters also provided. Breaches of any provisions are punishable.

6. THE APPRENTICES ACT, 1961

The apprentice means a person who is under going a course of training in any industry or
establishment. The apprentices Act provides provisions for "Regulations and Conditions" of
training of Apprentices.

It provides provisions for Apprenticeship Council and Apprenticeship Advisor to administer this
Act.

As per this Act and Apprentices should enter into written contract for apprenticeship. Every
contract of apprenticeship is to be registered with Apprenticeship Advisor who will register the
contract after satisfying that the person described as an apprentice in the contract is qualified for
such. Provisions are also made to terminate this contract within its operating period.

The act made responsible to employer to made suitable arrangements for imparting a course of
practical training to every apprentice. The employer has to pay stipend to the apprentices. He is
also liable for compensation to apprentice in case of any injury arising in the course of his
training. He has also to maintain certain records and file certain returns to Apprenticeship Advisor

It also contains provision about the obligations of Apprentice to learn his trade - to attend
practical and instructions classes regularly and to carryout all lawful orders of his employer and
superiors. He is also bound to carryout the obligations under contract of apprenticeship.

Provisions regarding hours of work, over time, leave, holidays and health safety and welfare of
apprentice is also made in this act.

Any dispute under apprenticeship contract can be referred to Apprenticeship Advisor.

Non-implement of many provisions of this act are made offence and punishable by Court of Law.
The Apprenticeship Advisor is an authority to make complaint to the Court within six months of
the committing of alleged offence.

7. THE ARBITRATION AND CONCILIATION ACT-1996

This Act is enacted to settle disputes in respect of legal relationship whether contractual or not
without going through the legal and complicated Civil Court procedures. The award by arbitrator is
enforced under the Code of Civil procedures in the same manner as if it were a decree of the
Court. This Act has also provisions for enforcement of certain foreign awards.

The dispute is decided under this act in a simple manner basically on the principals of natural
justice.

The Act stipulate all the procedures for arbitration including appointment of arbitrators. Arbitrators
are appointed by parties concerned to dispute.

This Act is not applicable to disputes, if any other law for the time being in force by virtue of which
certain disputes may not be submitted to arbitration.

8. ARMS ACT, 1959

This Act deals with Arms related matters. It makes provisions for Acquisition, Possession,
Manufacture, Sale, Import Export and Transport of Arms & Ammunition.

This Act also makes provisions of license for possessing, manufacturing, import and export of
arms. Violations of these provisions are offence punishable with imprisonment and fine.

It also empowers Central Government to prohibit possession of arms or any type of arms or any
type of arms in disturbed area etc. Central Government is also empowered to take census of
firearms.

This Act is not applied on any weapon of absolute pattern or of antiquarian value or which is not
capable of being used as a firearm with or without repair. Full exceptions are given in Section-45
of this Act.

All offences under this Act are cognizable, means offender/accused can be arrested by police
without warrant. In some offences previous sanction of District Magistrate is necessary for
institution of prosecution.

9. ARMY ACT, 1950

The Act provides law for the governance of regular army. It deals with various aspects of army. It
describes about commission and appointment in army. Conditions of service and service privileges
of army.

The army is required to be most disciplined organization. Keeping this view, the maker of this Act
has given most part of this Act relating to offences and punishment. It gives detailed procedure to
punish the army man. In service, they are punished in most cases by Court Martial and not by
normal courts.

10. ARYA MARRIAGE VALIDATION ACT, 1937

The Act recognize validity of marriages of Arya samajists belonging to different casts of different
sub-casts of Hindus. It also validates Arya samajists marriages in which either or both of the
parties at any time before the marriage belonged to a religion other than Hinduism.

11. BANKER'S BOOK EVIDENCE ACT, 1891

The Act amends the law of evidence in respect to Bankers Book. During evidence in judicial
proceedings, the actual books/records are normally taken as evidence. This Act relaxes these
provisions upto great extent.

It provides that a certified copy of any entry in a banker's book shall in all legal proceedings be
received as prime faces evidence of the existence of such entry. Bank officers are compelled to
produce any banker book during any legal proceeding only by the order of the court or a judge
made for special cause. The court is also authorized to order inspection of books by any party
relating to legal proceeding.

12. THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966
This Act provides conditions of employment for workers of Beedi and Cigar industry. It also
provides application of some other Acts like Industrial Employment (Standing Order) Act-1946,
Maternity Benefit Act-1961 and Industrial Disputes Act-1947 on Beedi and Cigar industry.

Licensing is made necessary for premises where Beedies and Cigars are manufactured.

It has made provisions for cleanliness, ventilation, over crowding, drinking-water, latrines and
urinals, first aid facility etc. for workers. It also provides for working hours, weekly holiday and
leave with wages. Besides these, many other provisions are made for health-welfare of workers.

Employment of a person less than fourteen years age is prohibited in Beedi and Cigar
manufacturing industry. Timing of Women and young persons (persons between fourteen and
eighteen years age) working in this industry can be only between 6.00 a.m. and 7.00 p.m.

This Act do not apply on who carries on manufacturing of Beedies and Cigars at his residence with
the assistance of his family members. Provided that person is not an employee of an employer to
whom this act applies.

13. THE BENAMI TRANSACTION (PROHIBITION) ACT, 1988

This Act defines the Benami Transaction as "Benmi Transactions means any transaction in which
property is transferred to one person for a consideration paid or provided by another person".

Benami transactions are prohibited by this Act and made offence punishable with the
imprisonment up to three years. Government is also authorized to acquire any Benami property
held Benami without paying any amount. The real owner of Benami property cannot go to Court to
enforce any right in respect of Benami property.

This Act does not apply in certain cases as a property purchased by any person in the name of his
wife or unmarried daughter.

14. THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886

The main purpose of this Act is to provided registration of births and deaths. Marriage under
Christian Marriage Act and Parsi Marriage and Divorce Act are also required to be registered under
this Act.

Registrars are provided for registration. The Registrars are authorised to grant certificate of
registration of birth and death. These certificates are admissible in evidence for the purpose for
the purpose of proving the birth, death and marriage.

Any person can make search of registers kept by Registrar for the purpose of registering birth,
death and marriage on the payment of fees. He can also take copy of any entry of such register.

15. THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

This Act abolishes the Bonded Labour System and prescribes 3 years punishment for extracting
bonded labour.

In our country many labourers are working on very low wages or on no wages with their creditors.
They owe some debt from their creditors because of that debt they work with them with very low
wages or no wages. This Act is abolished this system.

By this Act, all bonded labourers are made free. They are also made liability free for paying their
bonded debts. Any property mortgaged under bonded debt is also made free without paying any
amount. The creditors right to accept payment against bonded debt is also extinguished.
District Magistrates and Sub Divisional Magistrates are appointed main authority to implement this
Act. Provisions for vigilance committee, to abolish this menace and to provide the economic and
social rehabilitation of freed bonded labour are also made.

Offences under these Acts are tried by Executive Magistrates and not by Judicial Magistrates,
which look after Criminal case.

The Executive Magistrates are given power of Judicial Magistrates for trying offences under this
Act.

16. BUREAU OF INDIAN STANDARDS ACT, 1986

By this Act, Bureau of Indian Standards is established for the harmonious development of the
activities of standardization & marking and quality certification of goods. A Director General is the
Chief Executive authority of this Bureau.

The bureau establish, publish and promote Indian Standard in relation to any article or process.
The bureau is authority for granting licences under Indian Standards recognized by it.

Having licence from Indian Bureau Standards, under any of its standards, make that article quality
product for consumers which make marketing easy.

17. CABLE TELEVISION-NETWORKS (REGULATION) ACT,1995

This Act is enacted to regulate the operation of Cable Television Networks in India. It provides
compulsory registration of Cable Operator with appropriate authority. The appropriate officer is
authorized to seize and confiscate un-registered Cable Operator equipments.

All Cable Operators are to compulsory to transmit two Doordarshan Channels. He cannot interfere
with any telecommunication system. He is also required to use standard equipments.

The Central Government is also empowered to prohibit transmission of certain programmes in

public interest. It is further empowered to prohibit Cable Television Network in public interest.

18. THE CANTONMENTS ACT, 1924

The term Cantonment means permanent military stations in India. The Act provides
administration for cantonment.

Central Government is authorised to declare any place or places to be cantonment for the purpose
of this Act.

A Cantonment Board is provided for administration of every Cantonment. The Cantonment Board
consists of Commanding Officer and other officers as described in Section-13 and some elected
members. The Board is authorised to impose taxes. It describes duties and functions of Board and
its officers and employees. Most of the works are like a Municipal Corporation of a city.

19. CARRIERS ACT, 1865

The Act describes common carriers as "person, other than the Government, engaged in the
business of transporting for hire property from place to place, by land or inland navigation, for all
persons indiscriminately. The Act relates to the rights and liabilities of these common carriers. In
normal language, these common carriers are called transporters.

The Act mainly deals with loss or damage of goods by carrier and liability of compensation for it. A
notice in writing of loss and injury is required to be given to common carrier within six
months/before the institution of any suit to institute suit for that loss or injury. The value of any
property enlisted in schedule of Act and bearing value exceeding one hundred rupees is to be
declared to such carriers for making him liable for loss or damage of that property.

Common carriers are liable for loss or damage caused by neglect or fraud of himself or his agent.
The person entitled to recover in respect of property loss or damage can also recover money paid
for its carriage. Sections 6, 7 and 9 describe some other provisions relating to Act.

20. THE CATTLE-TRESPASS ACT, 1871

The Act contains provisions relating to cattle trespass. It authorizes police - cultivator or occupier
of any land - person in charge of public roads, pleasure grounds, plantation, and canals-drainage
works to seize any cattle trespassing.

The pounds are established to keep such seized cattle. Every person who seize any cattle under
this Act has to send such cattle to pound within 24 hours of seizure. The pound keeper feeds the
cattle till their disposal as per this Act.

The cattles are delivered to the owner after paying fine and feed charges. Unclaimed cattle can be
disposed off at the discretion of District Magistrate. Provisions are also made regarding illegal
seizure of cattles under this Act. Similarly penalties are provided for forcibly opposing legal seizure
of cattle.

21. THE CENTRAL EXCISE ACT, 1944

This is a main source of income of Central Government. This tax is levied according to Central
Excise Tariff Act, 1985. This tax is levied on manufacturing of goods.

Any person engaged in production or manufacturing which are detailed in first and second
Schedule of Central Excise Tariff Act, 1985 has to got himself registered with the Central Excise
Department.

The Act deals with levy and collection of Excise Duty and matters connected therein. The act is
enforced by Central Excise Department. It also contains provisions regarding adjudication of
matters under this Act. The non implementation of the provision by manufacturers etc. are made
offence and punishable under this Act. The Officer of Central Excise Department are also liable to
be punished for some contravention under this Act.

22. THE CENTRAL SALES TAX ACT-1956

According to our Constitution, taxing of sale or purchase of goods in the course of interstate trade
or commerce expressly comes under the purview of Central Government. The Central Government
is further authorised to restrict powers of State legislatures on the sale or purchase of goods
within the State where the goods are of special importance in interstate trade or commerce.

This Act provides levy of interstate trade and commerce called Central Sales Tax. Every person
who comes under the definition of Dealer as per this act, is liable to pay this tax. The act also
defines in detail the meaning of inter-state trade or commerce and its exception.

All the dealers are to be registered with the prescribed authority. This tax is collected by dealer
from purchaser. Only registered dealers are authorised to collect the tax. The dealer has to
deposit collected tax to Sales Tax Department.
Section 14 of Act details the goods of special importance in interstate trade or commerce.

23. THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920

The Act contains provisions for more effectual control over the administration of Charitable and
Religious Trust.

The Act provides that any person having an interest in such any trust can apply to court for
direction to trustees.

1. To furnish the petitioner through the court with particulars as to the nature and object of the
trust, and of the subject matter of the trust and of the income belonging bear to or any of these
matters.

2. That the accounts of the trust shall be examined and audited.

The trustees of the trust are also eligible to apply for certain directions, as told in Section-7, to the
court. The Courts are empowered to ask a trustees to furnish security for any expenditure
incurred by plaintiff in a suit against the trustees.

24. THE CHARITABLE ENDOWMENTS ACT, 1890

The Act provides for vesting and administration of property held in the trust for charitable
purpose. It empowers Central Government to appoint "Treasure of charitable endowments for
India". Similarly State Governments are empowers to appoint "Treasurer of Charitable
Endowments for State". The jurisdiction of Central/State governments are defined in Section -3A
of Act.

The government can vest any movable and immovable property of any Charitable Trust in
Treasure of Charitable Endowments. The treasurer is also entitled to all documents of title relating
to property after this Act. But the treasure is not required to administer the property and nothing
impose him the duty of trustee of such trust. The other matters relating to it is also provided in
the Act.

25. THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986.

This Act relates to Child Labour which is less than 14 year of age. It prohibits their employment in
some Establishments. The list of such prohibited industries are given in Act.

It regulates the conditions of Child Labour, where their employment is not prohibited. It makes
provisions of period of their work. It has also prohibited night duty and over time for child labour.

It has provisions of constituting "Child Labour Technically Advisory Committee" for advising the
Central Government.

It is mandatory for occupier/employer to give notice to Inspector about employment of children.

He is also required to maintain register.

Violations of provisions under this Act are offence and punishable.

26. THE CHILD MARRIAGE RESTRANT ACT, 1929

This acts restraints the marriage of any male person who has not completed 21 years and female
who has not completed her 18 years of age.

This Act provides punishment for person who had solemnized child marriage and also punishment
for parents or guardian concerned in child marriage.

Any male person above 18 years of age, if marry with a female of less than 18 years of age is also
do offence under this Act which is punishable with imprisonment.

27. THE CHILDREN (PLEDGING OF LABOUR) ACT, 1933

This Act prohibits pledging of children (person under the age of fifteen years) for labour. It makes
any agreement for pledging of children void. It also provides penalty for parents or guardians for
making agreement to pledge the labour of their child. Any person who makes such agreement
with parents or guardians and employ the child under that agreement is also liable for punishment
under this Act.

28. THE CINEMATOGRAPH ACT, 1952

The Act provides certification for the Cinematograph Films. The Central Govt. is authorised to
constitute Board of Film Certification which is certification authority for cinematograph films.
Section-5B of Act details the principals for guidance in certifying films. Provisions for appeals is
also made against any order of Board of Film Certifications.

Exhibition of Cinematograph films by any person also requires licence from District Magistrate.
Authorities are also prescribed to suspend the exhibition of any film which in their opinion can
cause a breach of peace.

Punishment is provided for breach of provisions of this Act.

29. THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF

EMPLOYMENT) ACT, 1981.
Cine worker means an individual who is employed in connection with the production of a features
film to work as an artiste (including Actor, Musician or Dancer) or to do any work skilled, un-
skilled, manual, supervisory, technical, artistic or otherwise.

It applies to such Cine workers whose monthly remuneration does not exceeds 1,600/- p.m. and
where such remuneration is by way of lump-sum a sum of Rs. 15.000/- p.m.
It made compulsory a written agreement for employment of a Cine workers and registration of
that agreement with competent authority.

It provides provisions for Conciliation Officers for settlement of any dispute between a Cine worker
and film producer. It also contains provisions for Cine worker Tribunals for adjudication of disputes
between Cine workers and film producers.

The dispute between Cine workers and Film Producers goes first with Conciliation Officer who tries
to make a settlement, if he fails, he submits failure report to Centre Govt. which ultimately refers
the dispute to Cine workers Tribunal for adjudication. The Tribunal after hearing both the parities
submits its award to Central Govt., which implement this award. The High Court has power to
revise the award of Tribunal.

PROVISIONS RELATING CINEMA THEATRE WORKERS

The provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 and Payment
of Gratuity Act, 1972 are made applicable on all Cinema Theatres where five or more workers are
employed.

30. THE CITIZENSHIP ACT, 1955

The Act provides for acquisition and determination of Indian citizenship. It describes how a person
can be Indian citizen i.e. by birth and how that citizenship can be terminated. The Act is very
important as after becoming citizen, persons are entitled many rights under different laws of
India.

It also provides a new kind of citizenship called "Commonwealth Citizenship". Every citizen of a
commonwealth county specified in the first schedule of Act are given the status of
"Commonwealth Citizen" in India. The Central Government can confirm of all or any of the rights
of citizen of India on the Commonwealth citizen.

31. THE CODE OF CRIMINAL PROCEDURE-1973

Mostly laws told what is crime and what is punishment for those crimes. Code of Criminal
procedure deals how the punishment will be given. It tolds about the procedure giving punishment
step by step and all matters related to them.

It tolds about the creation of Criminal Courts and their powers. It also told about the powers of
police - accused persons(s). How a person can be arrested. How a person be compelled to appear
or to produce things before lawful authority. The procedure of trial in Courts. It has also
provisions for bails and bounds related to accused person.

Code of Criminal Procedure also has provisions of time limitation within which a case is to be filled
in the Court. Any case filled after the time limitation cannot be heard by Courts. Courts has given
powers to relax time limitation in certain conditions.

This is also one of the main law which one must know.

32. THE COLLECTION OF STATISTIC ACT, 1953

This Act empowers Union/State Govt. to collect statistics on specified matters as given in section
III of this Act, from any Industry/Commercial concern and factory. The Industry is bound to give
that Statistic.

Appointment of Statistic Authority is made under this Act who is empowered to call for information
to call for information and return.
The statistical Authority or any person authorised by him in writing have been given right of
access to record or documents. Relevant to furnish any information return under this Act. The Act
also prohibits the publication of Information and return.

Breach of provisions for this Act are offence and punishable.

33. THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939

The Act amends Indian Evidence Act, 1872 in respect of certain commercial documents regarding
their admissibility as evidence in any judicial proceeding. The list of those documents are given in
the schedule of Act.

The matter usually stated in schedule documents as statement of facts in issue or of relevant facts
shall be themselves facts within the meaning of Indian Evidence Act, 1872. The courts can also
presume as to the genuineness of such documents in certain cases as described in section-3 of
this Act.

34. THE COMMISSION OF INQUIRY ACT, 1952

This Acts provides for appointment of Commission Enquiry, their powers and other related
matters.

Both Central and State Government can appoint these Commissions.

The commissions are also provided with some powers of Civil Code under Code of Civil Procedure.
It is also empowered to utilize the services of any officer or investigating Agency of Government
for conducting investigation pertaining to inquiry. It has also power to appoint assessors having
special knowledge of ay matter connected with the inquiry.

It also provides provision for hearing of person whose interest is likely to be effected by the
inquiry.

35. THE COMMMISSION OF SATI (PREVENTION) ACT, 1987

Sati is social evil. The widow woman is burnt alive with their dead husbands. The Act provides
death or life imprisonment for abetment of sati. This Act is enacted to provide effective prevention
of the Commission of Sati and its glorification with strict punishments. Special public prosecutor
are provided for trial of offences under this Act. Punishment is also provided for woman
attempting sati.

District Magistrates are empowered to prohibit the doing of any act towards the Commission of
Sati and its glorification. They are empowered to remove any temple or other structure related to
sati. They are also empowered to seize any property and fund acquired for the purpose of
glorification of sati.

All officers of Government are required and empowered to assist the police in the execution of this
Act. All village officers and inhabitants of area are required to report to nearest police station
about attempt/committing of sati.

36. THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING

ACTIVITIES 1974.

This act provides preventive detention of persons for the purpose of conservation and
augmentation of Foreign Exchange and prevention of Smuggling activities.

The Act empowers central/state Govt; to detain a person with a view to preventing him smuggling
goods abetting for smuggling goods, transporting or concealing smuggling goods etc; The Govt. is
empowered to revoke detention order any time. Provisions temporary release of person detained
is also made. Any person who absconds himself after the issue of detention order is liable to
forfeiture his property and one year punishment.

37. THE CONSUMER PROTECTION ACT, 1986

The consumer protection Act is enacted with the purpose to solve consumer's grievances without
complicated and long legal procedure and in simple manner. Any consumer can go to Consumer
Courts without any legal practitioner. Complaint is made on simple plain paper. It does not require
any Court Fees etc. The lengthy and complicated provisions of Civil Courts and Indian Evidence
Act do not apply on it.
This Act provides three tier judicial systems for resolving consumer's grievances; at District level
there are District Forum, at State level State Commission and at National level National
Commission.

District Forum had jurisdiction of hearing the cases up to amount involving Rs. Five Lakhs. State
Commission has jurisdiction of hearing cases involving amount above five lakhs rupees but limited
to twenty lakhs rupees. National Commission have jurisdiction of hearing the cases involving
amount above rupees fifty lakhs. The State Commission and National Commission can also hear
appeal against the orders of District Forum, District Forum and State Commission respectively.
Consumer Courts have very simple procedure both parties pare given opportunity to hear. If
required, Courts can also take the help of Laboratory etc.

Any order made by Court, if not implemented by party concerned is punishable by court by way of
imprisonment or fine.

38. THE CONTEMPT OF COURT ACTS, 1971

This Act empowers certain Court to punish ay person for willful disobedience to any judgment,
decree, direction, order, writ or other process of a Court, or a willful breach of undertaking given
to a Court. It also empowers Courts to punish for any act, which obstruct or tends to obstruct the
administration of justice etc. The Act also clarifies those activities, which are not contempt.

This Act is applicable on Judges, Magistrates or any other judicial persons for contempt of their
own Court, or of any other Court in the same manner as any other individual.

High Court is also authorized to punish contempt of subordinate Courts.

This Act is not applicable to Panchyats and Village Courts.

Contempt proceeding can only be preceded within one year of contempt.

39. THE CONTRACT LABOUR (REGULATION AND ABOLITION ) ACT, 1970

This act is enacted to regulate the conditions of services of Contract Labour. It applies to every
establishment and contractor who employs 20 or more workers as contract labour. It has also
provisions to empower Government to prohibit contract labour system in any process, operation
or other work in any establishment.

"Central Advisory Contract Labour Board" and "State Advisory Contract Labour Board" are
established to advise matters arising out of the administration of this Act.
The principal employer has to register itself with Registering Officer under this Act. It also makes
mandatory provisions of licensing for contractors.

The act has provisions for welfare and health of contract labour. It has provision of canteen and
rest room in certain conditions. It also provides facilities for drinking water, washing facilities,
latrines and urinals for contract labour. Provisions of first aid facilities are also made. Contractor is
also made responsible for payment of wages to labour.

In case, contractor does not provide facilities, principal employer is made responsible for providing
facilities to contract labour. The principal employer is authorized to recover any expenses incurred
by him for providing such facilities by deducting from any amount payable to contractor.

By various judgments of courts, it is clear that provisions of ESI and PF are also applicable on
contract labour. After contract is over, contract labour has no right to employ in regular services.

40. THE CO-OPERATIVE SOCITIES ACT, 1942

This Act provides legal status to Co-operative Societies. Any Co-operative Society registered
under this Act has equal lawful rights as to any other person/lawful organization.

This Act provides registration for them. A Registrar and procedure of registration is provided in
this Act. This also describes rights and liabilities of Members duty and privileges of registered
societies. Provisions are also made regarding property and funds and their dissolution.

The Registrar of Co-operative Societies is authorised to make any enquiry regarding constitution
working and financial condition of the society. He is also authorise to inspect their books.

Any ten persons for specific objects given in this Act can make a society and get it registered.

41. THE COPYRIGHT ACT, 1957

The copyright Act basically protects Artist; it prohibits the copy of their work by anyone else
except with their permission. This Act made the Artists capable of legal rights of their work and to
take gain from their work in legal manner. Infringement of copyright is punishable under this Act.
Though civil remedies are also available. It also deals with International copyright.

The meaning of copyright exception in this law and period of copyright is also specified in this Act.
Provisions of copyright office and copyright board are also made in this Act.

42. THE COURT FEES ACT, 1870

The Act describes about the fees paid in different courts for different matters and mode of levying
that fees. Provisions for related matters are also provided.

43. THE CUSTOMS ACT, 1962

The custom Act is so common that it does not require any special introduction. By this Act the
Central Govt. is empowered to levy tax import of goods/outside India. This is one of the main tax
which fill the Union Govt. Treasury.

The Act has provisions regarding Custom Officer. The Custom Officers are authorised to detain
illegally imported goods. It also contains some provisions relating to export of goods. The powers
of Custom Officer are given in detail. Breach of any provisions of this act are offence and
punishable.

44. THE DANGEROUS MACHINES (REGULATION) ACT, 1983

A power thrasher used in the agriculture sector is defined as dangerous machine in this Act.
Central government is authorised to include any other machine used in the agriculture or rural
section to be dangerous machine under this Act.

Persons working with power thrasher are many times met an accident resulting in even
permanent disablement. The Act is enacted to make safeguards from these accidents.

Manufacturers and dealers are required licence to manufacture and selling of these machines. The
duties and responsibilities of the manufacturer, dealer, user of a dangerous machine is also
described.

The State government is authorised to appoint a Controller for carrying out the provisions of this
Act.

45. THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946

The Act empowered Central Government to constitute a special police force under its
superintendence to be called the Delhi Special Police Establishment. This police establishment
have jurisdiction through out in any union territory in relation to the investigation and arrest of
persons. The member of this establishment can only investigate those offences, which are notified
by Central Government under Section-3 of this Act.

Central Government is also empowered to extend the area, which is not being a union territory for
the investigation of this police establishment. No consent of State Government is required for
extension of area under that State.

46. THE DEPARTMENTAL INQUIRES (ENFORCEMENT OF ATTENDANCE OF WITNESSES

AND PRODUCTIONOF DOCUMENTS) ACT, 1972.

The Central Government can empowered "Authorised Inquiring Authority" with same powers as
are vested in a Civil Court under the Code of Civil Procedure-1908 for following matters.:-

(a) The summoning and enforcing the attendance of any witness and examining him on oath.

(b) Requiring the discovery and production of any document or other material which is producible
as evidence.

(c) The requisitioning of any public record from any court or office.

Some exceptions are also given.

Section-2 of this Act describes about departmental inquiry to which this act applies.

47. THE DOCK WORKERS (SAFETY, HEALTH AND WELFARE) ACT, 1986

This Act provides inspecting staff, their powers etc. for Dock Workers safety. The Chief Inspector
of Dock safety is main officer appointed for this purpose. Inspectors are given powers to stop
work at any place within dock where it appears to them that conditions are dangerous to life
safety of Dock Workers until measures have been taken to remove the cause of the danger to his
satisfactions. Such order of inspector is appeal able with Chief Inspector of Dock safety

The State/Central Government are empowered to appoint Advisory Committee to advise upon
such matters is arising out of the administration of this Act. The government may refer any such
matter for advice to Advisory Committee.

48. THE DOWRY PROHIBITION ACT, 1961

This Act is made to abolish dowry menace of our society. Although, it failed to achieve its
objective. Even then it has provided some solace against this menace.

This Act is not applicable on dowry which is given by its own will it makes giving and taking dowry
both offence punishable with imprisonment. It also prohibits the exhibition of dowry articles. It
also made any agreement of giving and taking dowry void. Any dowry can be used only for the
benefit of wife and her heir. This Act also provides appointment of dowry prohibition officer. If any
parties to marriage deprive other party any rights and privileges of marriage because of dowry
that is also punishable under this Act.
Certain obligations are fixed for Dock Workers also for their safety.

Violation of any provision of this Act by Employer and Dock Workers is punishable.

49. THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE

OF BRIDEGROOM) RULES, 1985.

These rules are made by Central Government under Dowry Prohibition Act, 1961. It provides for
the written lists of presents given to bride and bridegroom at the time of marriage. As per these
Rules, the list shall contain description of each present with their approximate value and name
and relation of person who has given that present. This list should be signed by both bride and
bridegroom and if they unable to sign they can affix their thumb impression.

50. THE DRAMATIC PERFORMANCES ACT, 1876

The Act empowered State Government to prohibit dramatic performance of any play, pantomime
or other drama in a public place. The State Government is also authorised to declare prohibit
dramatic performances in any local area except under licence. This act does not apply to any
jatras or performance of a like kind at religious festivals.

51. THE DRUGS & CONTROL ACT, 1950

This act empowers Central Govt. fixing of maximum price of Drug and to fix maximum quantity of
a drug which at one time be possessed by a dealer or producer. It is further empowered to fix
maximum quantity of drug, which can be sold to any person in one transaction.

The drug on which this Act is applicable is to be notified by Central Govt. under the provisions of
Sections III of this Act. Any person regarding any offence under this Act.

52. THE DRUGS & COSMETICS ACT, 1940

This act regulates the manufacturing, distribution, import and sale of drugs and cosmetics.

The Drug Technical Advisory Board is constituted by Central Government to advise on technical
matters arising out of administration of this Act and to carry out the other functions assigned to it
by this Act. For Ayurvedic, Siddha and Unani Drugs, a separate board called Ayurvedic, Siddha
and Unani Drugs Technical Advisory Board is created.

The Act describes about standard of qualities, misbranded-adulterated-spurious drugs/cosmetics.

It banned production and import of non-standard items. It also makes mandatory disclosure of
name of the manufacturers etc. Some other liabilities are also put on manufacturers.

The contravention of provisions of this Act is offence and punishable.

53. THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT 1954

This Act is enacted to control the misleading advertisement of Drugs to prohibit the advertisement
for certain purposes of remedies alleged to process magic qualities.

Section 3 to 6 of this Act details the matter prohibited under this Act. Any person accused of
committing an offence under this Act can be arrested without warrant and punishable by Court of
Law.
54. THE INDIAN EASEMENT ACT, 1882

The Act defines easement as - An easement is a right which the owner or occupier of certain land
possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something,
or to prevent and continue to prevent something being done, in or upon, on in respect of certain
other land not his own.

The Act contains provisions regarding "Easement". It has six chapters with sixty-four sections. The
Act describes in detail about the general provision regarding easement, imposition, acquisition and
transfer of easement, incident of easement, disturbace of easements, extinction, suspension and
revival of easement and licensing for easement.

55. THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950
The Act prevents the improper use of emblems and names related to Indian Government/some
international organizations for professional and commercial purposes i.e. Indian National Flag, the
name emblem or official seal of the president or governor of India. The list of emblems and names
is given in the Schedule of Act. These emblems and names can be used only in such cases under
such conditions as prescribed by Central Government.

The Registrar of Companies, firm or other body - Registrar of Trade Mark or Design - Registrar of
Patent are prohibited to register any thing regarding to them which use name or emblem in
contravention of this Act.

56. THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952
This Act is applicable on establishments public industries, employing 20 or more employees. It is a
law for social benefit of employees. The Act has three schemes:-

1. Employee's Provident Fund Scheme.

2. Employee's Family Pension Scheme.
3. Employee's Deposit Linked Insurance Scheme.

Employee's Provident Fund Scheme: It is a contributory fund for the future of employee after his
retirement. Employee and Employer both contribute in this fund. Where the number of employee
is less than 50, employees have to pay 10% of their wages towards this contribution. In case of
more than 50 employees, employee has to pay 12% of their wages towards this contribution.
Employer has to pay 3.67% of wages towards this contribution.

Provident fund is payable to employee after his retirement. In case of its early death, it is payable
to person nominated by him or his legal heirs. Some part of Provident Fund can be withdrawn
before retirement for construction of House, Children Marriage, etc.

Employee's Family Pension Scheme:- If contribution is made to this scheme for minimum 10
years, they employee becomes eligible for pension after retirement. In case of his early death,
heirs are eligible for pension (only one time contribution is sufficient for pension in case of death -
10 years contribution is not necessary - subject to certain conditions. The contribution towards
this scheme is made by Employer 8.33% of employee's wages. Employee also gets life assurance
benefits under this scheme.

Employee's Deposit Linked Insurance Scheme:- Under this Scheme employee's get benefit of
Insurance of Line. The contribution towards this fund is made by Employer @ .5% of Employee's
wages.

57. THE EMPLOYEES STATE INSURANCE ACT, 1948

This Act provides worker Medical Relief, Sickness Cash Benefit, Maternity Benefit to Women
Workers, Pension to the Dependent of Deceased Workers and Compensation for Injuries during
course of Employment.

This Act is applicable on factories, which falls under Factory Act. Other Establishment, which has
20 or more employees, is generally covered by this Act. Any employee who receive wages upto
Rs. 6,500/- p.m. is eligible to take benefits under this Act.

"Employees State Insurance Corporation is established for the administration of this Scheme by
Central Government;

Contribution by both Employee and Employer are made to this Corporation. The rate of
contribution for employees is 1.7% while in case of Employer it is 4.75% of Employee's wages.

The Workman Compensation Act is not applicable where this Act is implemented. Similarly a
woman employee exceeding wages up to Rs. 6,500/- p.m. is not entitled to receive maternity
benefit from her Employer. These benefits are given by E.S.I. Corporation to them.

58. THE EMPLOYEES LIABILITY ACT, 1938

This Act barred the Courts not to fail any suit for damages in respect of injury caused to a
workman only for the reason that at the time of injury, he is working with a person to whom his
services are temporarily lent or let by his actual employer.

It is a very small Act with only five sections.

59. THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT,

1959

The Government has created Employment Exchanges where any un-employed can get itself
registered. The Employment Exchanges helps un-employed to get employment. The main problem
of Employment Exchanges is to find the employers. The Parliament of India has enacted this act
to solve this problem of finding the employer by Employment Exchanges.

By this Act, it is made compulsory for all employers in public - private sector (where more than 24
employees are employed) to notify any vacancy to Employment Exchange before 15 days of filling
that vacancy. Section-3 of this Act describes certain vacancies for which this Act is not applicable.

It is also very clearly mentioned in this Act that employer is not under any compulsion to fill the
vacancies through Employment Exchanges. He has just to inform (notify) about those vacancies.

It has also mandatory provisions of furnishing certain returns by employer to Employment

Exchange. It also provides provisions of "access to records or documents" of employer by an
officer of Employment Exchange (As per rules, Director of Employment Exchange or any person
having written authority from him can access these records).

Non-notification of vacancies, non-filling of returns and denying any authorised officer to access
the records are made offence punishable by Court of Law.

60. THE EQUAL REMUNERATION ACT, 1976

This Act is enacted to prohibit discrimination of women in the matter of remuneration (Pay-
Wages) with men. It provides equal pay to men and women for same work or work of similar
nature. It also prohibits discrimination while recruiting men and women workers (except where
the employment of women in such work is prohibited or restricted by any law).
Government is empowered to appoint authorities for hearing and deciding claims and complaints.
The appointment of Inspectors for implementation of this Act is also made.

Breach of provisions of this Act are offence and punishable.

61. THE ESSENTIAL COMMODITIES ACT, 1955

This Act empowers Govt. for regulating or prohibiting and regulating the production supply and
distribution thereof and trade commerce therein for the purpose of maintaining or increasing
supplies of any essential commodity or for securing their equitable distribution and availability at
fair prices, or for securing any essential commodity for the Defence of India or the efficient
conduct of Military Operation.

Govt. can regulate by licenses and permit controlling the prices by prohibiting the with holding
from sale etc, under this Act. Section 2 (i) (a) of this Act. After issuance of order under this Act.
After issuance of order under this Act no person employed in any essential services related to that
order can go or remain in strike. Any strike declared or commended before or after the issue of
that order become illegal.

Similarly Govt. can prohibit Lock Outs and Lay-off in any essential services.

Persons engaging in illegal strikes are liable to be dismissed from their services with imprisonment
upto 6 months. Any person who instigates illegal strikes is also liable to imprisonment upto 1
year.

62. THE EXPLOSIVES ACT-1884

The Act regulates the manufacturing, possessing, use, sale, transport, import and export of
explosives. These works can be done only under licence from Government. The Central
Government is the authority under this Act. It is empowered to make rules as to licensing for the
aforesaid purposes. It is also empowered to prohibit the manufacture, possession or importation
of specially dangerous explosives.

The appropriate authority can inspect, search, seize, detain and remove explosives under this Act.
Any person found committing any act in contravention of this act or rules made there under or
which is acting in a manner which tends to cause explosion or fire can be arrested without
warrant.

Breach of any provisions of this act is punishable.

63. THE EXPLOSIVE SUBSTANCES ACT, 1908

The Act defines the explosive substance as :-

In this Act the expression "explosive substances" shall be deemed to include any materials for
making any explosive substance; also any apparatus, machine, implement or material used for
intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any
explosive substance; also any part of any such apparatus, machine or implement.

The Act provides punishment for any person who un-lawfully and maliciously causes and explosion
by any explosive substance which is likely to endanger life or property. The abetment of offence
under this Act is also offence. The Act provides punishment up to twenty years of imprisonment.
64. THE FACTORIES ACT, 1948

This Act provides provisions for the basic minimum requirement for safety, health, welfare and
other service conditions such as working hours, leave, holidays etc.

It is applicable on all Factories where manufacturing process is carried out with the aid of power
with 10 or more workers. In case manufacturing process is carried without aid of power, number
of employees can go up to 20 for the application of this Act.

Registration with Chief Inspector of Factories is made necessary for all Factories coming under this
Act. For new factories, a notice regarding starting of manufacturing with other required
documents is to be given to Chief Inspector of Factories before 15 days of starting production.

This Act describes in detail about the working conditions and benefits for Factory workers. The
knowledge of this Act is must for all who wanted to know about Indian Labour Laws.

65. THE FAMILY COURT ACT, 1984

The family court provides a stage for settlement of dispute relating to marriage and family affairs.

Family courts have duty to make efforts for settlement in matters relating to marriage and family
affairs. The proceeding of Court can be held in camera, if any party desire so. No party in any
case before family is entitled to be represented by a legal practitioner except where courts
consider it necessary in the interest of justice.

The Act has tried to resolve family matter in a simple manner without complicated and lengthy
procedures. It also tries to solve these matters by settlement.

Any order or judgment of family court is appeal able in High Court.

66. THE FATAL ACCIDENTS ACT, 1855

The Act provides compensation to families for loss occasioned by the death of a person caused by
wrongful act, neglect, or default by any other person/party. The person/party who cause such
death is liable to pay compensation to the family of deceased. Court awards the compensation
under a suit for such compensation.

67. THE FOREIGN EXCHANGE MANAGEMENT ACT,1999

In the era of liberalization, the stringent "FERA" is replaced by this Act. The stringent provisions of
FERA are replaced. Procedures are made short and simple. Though still permission of Reserve
Bank of India is required in some cases. Offences under this Act are now compoundable. Penalties
are now limited to fines only.

Reserve Bank is empowered to authorize any person to deal in foreign exchange or foreign
securities. Payment for imports, etc. in foreign currency are made simple. Powers of enforcing
authorities are reduced.

68. THE FOREIGN EXCHANGE REGULATION ACT,1973

This Act is enacted on those days when foreign currency is quite scare. It contains very stringent
provisions. With changing conditions now it has been replaced by Foreign Exchange Management
Act, 1999.

It is now applicable on those cases, which are committed during its applicability.
It deals with foreign exchange matters. Many restrictions on foreign exchange are put under this
Act. For most of the dealings in foreign exchange, the permission of Reserve Bank of India is
required under this Act. It also provides provisions of authorised dealers and money changer in
foreign currency.

The Act also provides enforcement officers with vast powers. These powers are under sever
criticism by Industry and Press.

69. THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT,1992

This Act empowers Central Government to make provisions for the development and regulation of
foreign trade by facilitating imports and increasing exports. It is also empowers to make
provisions for prohibiting, restricting or otherwise regulating cases by or under the order, the
import or export of goods.

The Central Government is also authorised formulate and announce the export and import policy
from time to time.

It also contains provisions for importer-exporter code number and licence relating to import and
export. Every importer-exporter has to obtain importer-exporter code number under this act.

The Director General of Foreign Trade is the authority constituted for the purpose of this act.

70. THE FOREIGNERS ACT, 1946

The Act empowered Central Government in some matters regarding foreigners. As per this Act,
foreigner means a person who is not a citizen of India.

The Central Government is empowered to make provision with respect to foreigner for prohibiting,
regulating or restricting the entry of foreigners in India including their arrest, detention or
confinement. Section-3 of the Act describes in detail about this power. The Government is also
empowered to control places frequented by foreigners. Section-7A deals with this power.

The master vessel, the pilot of any aircraft and hotelkeepers are put under obligation to furnish
some particular about foreigner.

Penalty is provided for contravention of this Act.

71. THE FOREST (CONSERVATION) ACT, 1980

The Act restricts the powers of State Government to de-reserve any reserved forest, the use of
any forest land for non-forest purpose, assigning of forest land by way of lease or otherwise to
any person/organization, who is not owned managed or controlled by Government, and some
other matters related to forest which are described in Section-2 of this Act.

State Government can put these powers on use only after the prior approval of Central
Government. Any authority or Govt. Department who contravened provisions of this Act is
punishable under this Act.

72. THE GENERAL CLAUSES ACT, 1897

There are very general things, which are common to many or all the Laws. The General Clauses
Act is such law which defines those general or common law points which are though simple but
quite important. This Act gives those law points legal bases. This is one of the very simple and
interesting laws of India.

It contains only 31 Sections. One of its provisions is that whoever has power to appoint any one
under any Central Act or regulation, he also power to suspend or dismiss any person in exercise of
the power. Though this provision looks very simple but this provision have given it lawful status,
without which Appointing Authority cannot suspend or dismiss any person.

73. THE GUARDIANS AND WARDS ACT, 1890

To understand the Act, it is necessary first understand the meaning of Guardians and Wards under
this Act. The Act defines them as -

1. "Guardian" means a person having the care of the person of a minor or of his property or of
both his person and property.

2. "Ward" means a minor for whose person or property or both there is a guardian.

The Act empowers court to appoint guardians of a person or property or both. Procedures of a
appointing guardians by court is described in detail. The courts are also empowers to issue orders
for regulating conducts or proceedings of a guardian. Section-19 states the condition when a
guardian cannot be appointed by court.

It also details about duties, rights and liabilities of a guardian including the termination of a
guardianship. Provisions for related matters are also provided.

74. HIRE PURCHASE ACT, 1972

The Act defines and regulates the rights and duties of parties of hire purchase agreement.

As per this Act, hire purchase agreement should be in writing and signed by all parties. The
agreement should contain all description as said in this Act regarding hire purchase i.e. name of
good, price, date of agreement, number of installments etc. The Act describes in detail about
warranties and conditions of goods, hire purchase charges and rights and obligations of the hirer
and owner.

75. THE HUMAN RIGHTS COMMISSION ACT, 1993

This Act provides for the constitution of two tier Human Right Commission - National and State
level. It also contains provisions for creation of Human Right Courts.

Human Rights is the main agenda of all the civilization of modern time. Though the law making
authority had tried to respect Human Right during making any law. This Act is solely devoted to
protection of Human Rights is according to provisions of this Act National Commission of Human
Rights is headed by any Ex-Chief Justice of India, The Secretary General of National Commission
is an officer of the Rank of the Secretary to the Govt. of India. National Commission has also
investigation staff with a Director General of Police under it.

An Ex-Chief Justice of High Court always heads the State Human Right Commission. The
Secretary of State Commission is an officer of the rank of Secretary to State Government.
Investigation Staff headed by an officer of Inspector General rank is also under State Commission.
Any person can complain to Commission about the violation of any Human Right on simple plain
paper, every verbally also. Commission can take any complain suo moto also.

The Commission is also given some powers of Civil Court under Code of Civil Procedure to enquire
into any complaint. The complaint to Human Right Commission is to be made within one year of
alleged human right violation.

The Commission has mainly recommendatory powers to Government against human right
violation. The Head Quarter of National Commission is situated in Delhi and State Commission
headquarter are normally situated in the capital of their respective State.

76. THE IDENTIFICATION OF PRISONERS ACT, 1920

This Act empowers Magistrate of first Class, an officer in-charge of a police station, a police officer
making an investigation under Cr. PC or any other police officer not below the rank of Sub-
inspector to take measurements and photographs of a person convicted of any offence punishable
with rigorous imprisonment for a term of one year of upwards or who was ordered to give security
for his good behavior under Cr. PC

77. THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956

This Act is created for the purpose of taking immoral activities of prostitute and brothels. It has
provision for stringent punishment for them. It has also provision for rescuing of a person forced
into prostitution. It contains some provisions for the rehabilitation also.

It also contains some power for Magistrate and Police Officers for tackling this crime. Provision to
establish special courts for speedy trial of accused person is also made in this Act.

This power of measurement is also for a non-convicted person who is arrested in connection with
an offence punishable with imprisonment for a term of one year or upwards.

78. THE INDECENT REPRESENTATION OF WOMEN PROHIBITION ACT,1986

The Act defines "Indecent Representation of Women" as "The depiction in any, in manner of the
figure of a women, her form or body or any part thereof in such a way as to have a effect of being
indecent, or derogatory to or denigrating, women, or is likely to deprive, corrupt or injure the
public morality or morals.

It prohibits any advertisement, publication and their distribution which contain indecent
representation of women. Breaking of this law is punishable with imprisonment and fine.

This law has some exceptions like publication used for religious purpose (bonafide) etc.

79. THE INDIAN BOILERS ACT, 1923

The act relates to Steam Boilers. Steam Boiler is a common equipment used in Industry for
generating steam. Steam is a very powerful objects and dealing it without due care can lead to
big accidents.

This act provides mandatory registration of Steam Boilers. Exceptions are given in Section 3 of
this Act.

The post of Chief Inspector of Boilers and other Inspector working under him is created for the
enforcement of this Act.

The Act describes other related matters too. Breach in provisions of Act are offence and
punishable.
80. THE INDIAN CONTRACT ACT, 1872

This Act deals with the nature of contract and their performance and remedies in case of their
breach.

A contract is an agreement made by free consent of parties, which are competent to contract. The
contract should be for lawful consideration with lawful object.

Contract which are common in business and trade like indeinity guarantee and bailment are also
dealt in this Act.

The Act also has detail provisions regarding contract between a person (Principle) and his Agent.
The meaning of principal and Agent is also given.

81. THE INDIAN EVIDENCE ACT, 1872

Indian Penal Code deals meaning of crimes and their punishments. Code of Criminal Procedure
deals with how to punish - the procedure of awarding punishment. Now Indian Evidence Act deals
how to prove against any accused. It relates with evidences. It told us what is taken as evidence
and what is not be taken as evidence. It has also provisions of some related matters.

It applies to all judicial proceedings in India. It is to clarify that most of the Tribunals, Consumer
Courts, Labour Courts, proceedings are not judicial proceedings, so this act does not applies on
them but even then broadly they follow its provision.

The famous "Hawala Scam" which has taken senior politicians and bureaucrats into its grip, failed
due to non-fulfillment of conditions of Indian Evidence Act. The Delhi High Court Judge, Hon' able
Justice Mohamad Shamim held that loose sheets etc. can not be converted into legal evidence as
per Indian Evidence Act and such no legal evidence is against the accused and discharge the
accused. Supreme Court also further upheld this judgment.

It has 10 Chapters and 167 Sections. It told in details on relevancy o facts, which need not be
proved, oral - documentary evidences about the burden of proof, witnesses and the examination
of the witnesses.

Any offence is to be proved as per Indian Evidence Act before awarding any punishment or in Civil
cases any order can be given after the proceedings of evidence as per this Act. This is also one of
the main law which must know.

82. THE INDIAN FOREST ACT, 1927

The Act is enacted to consolidate the law relating to forest, the transit of forest produce and duty
leviable on timber and other forest produce. Both Centre/State Governments are authorised for
different matters under this Act.

The State Government is authorised to constitute reserve forest, village forest and protected
forests on any forest or wasteland which is the property of Government. For some special
purposes given in Section-35 of the Act, it can order protection of forest on private land also. The
State Government is also vested with power to control of all reverse and their banks as regards
the floating of timbers as well as control of all timber and other forest produce in transit by land or
water. It is authorised to make rules to regulate their transaction.

The Central Government is authorised to impose duty on timber and other forest produces.
Provisions regarding Forest Officer are also made under this Act. The Forest officers are vested
powers by State Government. The act also describes penalties and procedures under this Act. The
Act contains some other provisions related to forests.

83. THE INDIAN MAJORITY ACT, 1875

In most of the laws, a person attains the age of 18 years is said to be major. This Act amends the
age of a person for majority in condition described below.

If a guardian is appointed for a person or property or for both, the person for which guardian is
appointed is said to be a major un
der this Act when he attains 21 years of age. The guardian should be appointed before that
person has attained 18 years of age.

This Act is not applicable where guardian is appointed under a suit within the meaning of chapter
XXX1 of the Code of Civil Procedure.

84. THE INDIAN PARTNERSHIP ACT-1932

This act defines the law relating to partnership in business. This Act defines "Partnership", "Firm",
and "Firm name" as - "Partnership" is the relation between persons who have agreed to share the
profits of a business carried on by all or any of them acting for all. Persons who have entered into
partnership with one another are called individually "partners" and collectively "a firm", and the
name under which their business is carried on is called the "firm name".

The Act provides Registrar for the registration of partnership deed. It is not made compulsory to
register partnership firm. Effects of non registration is given in Section-69 of the Act.

Every partner is made liable jointly and severally for all acts of the firm. The Act describes in
detail about the nature of partnership, relations of partners to one another, relations of partners
to third parties, incoming and outgoing partners and dissolution.

85. THE INDIAN PENAL CODE-1860

The Indian Penal Code deals with offences and punishments, more specifically it deals with such
offences, which are general in nature. Every civilization took those acts as offences from the
beginning of civilization. It also clarify the general exceptions (doing of such acts normally looks a
crime but to the special nature of conditions they are not taken as crime) for example, Right of
private defence by which any one has given right to protect own or others body or property and
any thing done under the right of private defence is not a crime and no punishment can be given.

It is one of the very big laws of India having 511 Sections. It defines meaning of offences, general
exceptions and punishments for offenses. It covers about all types of offences like theft, decoity,
rape, fraud, forgery, offences against the State - relating to elections - corruption - relating to
public servant-justice-defamation etc. etc. Attempt or abetment of any crime is also offence.

This is one of the few laws, which must know.

86. THE INDIAN STAMP ACT, 1899

The Acts relates with stamp duty which is to be paid during different transactions. The stamp duty
paid during the registration of sale deed is a simple example of stamp duty.

The Act describes about the instruments chargeable with duties and how to paid the stamp duties.
The stamp duty is paid for stamps which are stamped on instruments for which it is chargeable.
Instruments which are not duly stamped as per this Act loose their legal validity in many cases
chapter IV of this Act describes various effects and provisions regarding instruments which are not
duly stamped.

Penal provisions are provided for breach.

87. THE INDIAN TELEGRAPH ACT, 1885

Telegraph means, any appliance, instrument, material or apparatus used or capable of use for
transmission or reception of signs, signals, writing, images, and sounds or intelligence of any
nature by wire, visually or other electro-magnetic emissions, radio waves or hertz waves galvanic,
electric or magnetic means.

The Central government is given exclusive privileges of establishing maintaining and working
telegraphs. Central government is also authorised to grant licence to establish maintain or work a
telegraph within any part of India. It is also empowered to make rules for the conduct of
telegraphs.

Telegraph authority is also empowered to telegraph lines and posts. Provisions for related matter
and penalty for breach are also provided.

88. THE INDIAN TRUSTS ACT, 1882

The Act defines law relating to private trust and trustee. The meaning of trust is given in Section-
3. It describes about all aspects relation to such trusts. Trustees administer the trust.

It describes who can create trusts, for what purpose, which can be beneficiary etc. It details about
the duties, liabilities, rights, powers and disability of trustees. It also describes rights and
liabilities of beneficiary and some incidental matters.

89. THE INDIAN WIRELESS TELEGRAPHY ACT, 1933

The Act regulates the possession of wireless telegraphy apparatus. It prohibits possession of
wireless telegraphy apparatus without licence. The telegraphy authority constituted under Indian
Telegraph Act, 1885 is appointed competent authority to issue such licenses.

Central government is empowered to exempt any person of class of person to exempt from the
provisions of this Act.

Penal provisions are provided for breach.

90. THE INDUSTRIAL DISPUTE ACT, 1947

The Act is known for famous Indian "LABOUR COURTS" which are constituted under this Act. This
is a Act which has given super protection to Indian employees. This Act also provides full
machinery for conciliation and adjudication of disputes between employee and employer and vice
versa, between workman and workman & between employer and employer.

The Act does not apply on a person employed in Supervisory or Managerial capacity and drawing
wages exceeding Rs. 2,500/- per month.

It deal in detail provisions related to strikes and lockouts, lay off and retrenchment and unfair
labour practices.
It has special provisions regarding termination of services of a employee. In case, the service of
employee is terminated as a punishment inflected by way of disciplinary action, subject to
relevant rules and regulation in that regards, the employee has no protection except the
provisions of natural justice or no opportunity was given to him to represent his side. In case, the
services are terminated without punishment inflected by way of disciplinary action, the employee
has right of retrenchment compensation (subject to some exceptions and other provisions of this
Act). Its section-2 (o o) details out conditions when the service of a person can be terminated
without punishment and retrenchment benefits.

There is provision of Conciliation Officer for consoling the Industrial disputes, if no settlement
arise during conciliation, Conciliation Officer gives failure report to Government which sent that
Industrial dispute to labour court for adjudication. Labour Court have vast powers to adjudicate
any such matter.

The Act is not applicable on Education, Scientific Research or Training Institutions, Hospitals and
Dispensaries, Khaddi or Village Industries and domestic service, agriculture operation, etc. etc.

91. THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946This Act require
employer's to clearly define the conditions of employment of its workers i.e. Standing
Orders/Service Rules. It has also provisions for due information to employees about these
conditions.

This Act applies to establishments who have 100 or more workmen employed. The Centre and
State Governments are empowered to extend the provisions of this Act to any establishment
employing less than 100 workmen. Now generally all establishments employing more than 50
workmen are covered by this Act.

The Standing Orders are to be certified by Certifying Officer appointed under this Act. The detailed
procedures for certification of Standing Order are given.

The Act also provides Model Standing orders. Any establishment can accept these Model Standing
Orders also. These Model Standing Orders are temporarily applicable to a establishment which
comes under the provisions of this Act and whose Standing Orders are not finally certified.

"The List of Matters" to be provided in Standing Orders under this Act is given in Schedule 1 of
this Act. In all it is must for providing provisions regarding Rules in 11 matters given in this
Schedule.

The conditions for certifying of Standing Orders are given in Section 4 of Act.

92. THE INDUSTRIES (DEVELOPMENT AND REGULATION) ACT, 1951

This is the main Act, which has created licensed Raj in Industry. This is enacted in 1951.The
development and regulation of Industries is said to be the reason of its enactment.

Now a days most of its regulatory provisions have been repealed, and the Licensing Raj has been
reduced to great extent. The Union Govt; has taken under its control Industries specified in the
1st Schedule of this Act. Those all Industries are of mainly of basic nature. They have to obtain
license from Union Govt; to manufacture or produce those materials.

The Union Govt; is also empowered to take control of Industrial undertakings in certain cases. It
is further empowered to control of supply, distribution and price etc; of certain items.

Many think, tanks of Industry accused this Act for backwardness and low development of Indian
Industry.

93. THE INFLAMMABLE SUBSTANCES ACT, 1952

The Act declares some liquids and other substances (Acetone, Calcium phosphide, Carbide of
Calcium, Cinematograph Films having nitro-cellulose base, Ethyl Alcohol, Methyl Alcohol and Wood
Naphtha) as dangerously inflammable. It empowers Central Govt. to apply any or all the
provisions of Petroleum Act regarding these liquids and substances.

These liquids and substances are, as highly inflammable as petroleum products but does not
comes under petroleum. So, Govt. has enacted this act to ensure safety regarding these liquids
and substances.

94. INFORMATION TECHNOLOGY ACT, 2000

The Act provides legal status of Electronic Commerce. It recognizes Electronic record and
signature in government and its agency. Central government is authorised to appoint and other
officers for administration of this Act. The Controller can issue licence for digital signatures.
Controller is also to certifying public keys of certifying authorities. The Controller can also
recognize foreign certifying authorities.

The Act regulates new technology of new era.

95. THE INTEREST ACT, 1978

The Act empowers courts to allow interest in any proceeding for recovery of any debt or damages
or in any proceeding in which a claim for interest in respect of any debt or damage already paid is
made. Section-3 of the Act described in detail about this power of courts.

96. THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND

CONDITIONS OF SERVICE) ACT, 1979

This Act defines "INTERSTATE MIGRANT WORKMEN" as any person who is recruited by or through
a Contractor in one State under an agreement or other arrangement for employment in an
establishment in another State, whether with or without the knowledge of the principal employer
in relation such establishment.

This Act is to safeguard and regulate the conditions of such workers. It implies to every
Establishment/Contractor who employ 5 or more Inter-State Migrant Workers.

It provides registration for principal employer and license for contractor to whom this Act is
applicable. It also provides Registering/licensing Officer for this purpose.

It specifies duties/responsibilities of Contractor and liabilities of principal Employers.

It also provides "Displacement Allowance" and "Journey Allowance" besides other facilities to
Inter-State Migrant Workers. Wages shall pay in cash to him. Sections 21 and 22 deal with some
other special provisions for their employment.

97. THE JUDGES (PROTECTION) ACT, 1985

This act gives judges additional protection given in any other law As per the provision of this act,
no Court can entertain any Civil or Criminal proceeding against any judge for anything done by
him during the course of his duty.
This act has also clarified that Supreme Court, High Courts, Central Government, State
Government or any other lawful authority is not debarred by this act to take action against any
judge.

98. THE JUVENILE JUSTICE ACT, 1986

The Act defines juvenile as a boy who has not attained the age of sixteen years or a girl who has
not attained the age of eighteen years. This Act is enacted to provide care, protection, treatment,
development and rehabilitation of neglected/found to have committed an offence juvenile.

The law takes juvenile as a person who requires some different treatments then persons who are
not juvenile, so it provides different/special provisions for them. It also provides special provisions
for neglected juvenile, so that he can became a good person and anti social elements can not
make use of it because of its younger age.

It provides juvenile welfare boards, juvenile homes and juvenile courts etc. for matters relating to
juveniles. Sections 41 to 45 describes some special offences( cruelty to juvenile, employment of
juveniles for begging etc. ) in respect of juvenile and punishment for such offences.

The Act is a social welfare enactment with the details on its subject.

99. THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS & MAINTENANCE
REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988.

This law is enacted to reduce number of records and filling of returns under different Labour Laws
by small industries, employing less than 20 persons.

This Act prescribed one single return and three registers for establishment employing more than 9
but less than 20 employees. Similarly, any establishment employing up to 9 employees is liable to
maintain only two prescribed registers and one return in lieu of registers and returns maintained
under following Acts:

1. The payment of Wages Act, 1936

2. The Weekly Holidays Act, 1942
3. The Minimum Wages Act, 1948
4. The Factories Act, 1948
5. The Plantation Labour Act, 1951
6. The Working Journalists and other Newspapers Employees (Conditions of service) and
miscellaneous provisions Act, 1955.
7. The Contract Labour (Regulation and Abolition) Act, 1970
8. The Sales Promotion Employees (Conditions of Service) Act, 1976.
9. The Equal Remuneration Act, 1976.

If any employer maintains registers and fill returns prescribed in this Act, he is not liable to
maintain any register/fill any returns under these Acts.

100. THE LAND ACQUISITION ACT, 1894

The Act provides provisions regarding acquisition of land for public purposes or for companies and
for compensation to be made to land owner.

The Act describes in detail the procedure for acquisition of land. It contains suitable safeguards
etc. for landowner also. Some matters regarding to acquisition can be referred to court also.
Provisions are made for court proceeding of a reference.
It also describes about the compensation and its payment to land owners whose lands are
acquired under this Act and about related matters.

101. THE LEGAL SERVICES AUTHORITIES ACT, 1987

The Act provides free legal services to the weaker section of society. It also has provisions for Lok
Adalat.

Legal services authorities are created on all India basis/State basis/District basis and Taluq basis.
Chief Justice of India and Chief Justice of State High Court are made patron-in-chief of
National/State Legal Services authorities respectively.

Section-12 describes about the criteria of giving legal services. Members of Schedule Caste and
Schedule Tribe, Women or Child a mentally ill or otherwise disable persons etc. are eligible for
legal services under this Act.

Lok Adalats are provided for speedy justice in simple manner. Lok Adalats can take-up only those
cases that are compoundable under any law.

102. THE LIMITATION ACT, 1963

For redressal of one's remedy there is time limit provided in the Limitation Act. In case one does
not agitate one's case in Court of Law within the time limit. The remedy is extinguished on that
score.

Limitation Act details "Time Limits" for various purposes. Many Acts have their own limitation
given in themselves. In case of those Acts, their limitation is applicable. Different time limits are
prescribed for different purpose.

103. THE MATERNITY BENEFIT ACT, 1961

This Act made provisions for payment of wages to a woman during leave period for giving birth to
child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or
miscarriage.

A woman is entitled for full wages during leave for aforesaid reasons. The leave period for delivery
of child is 12 weeks while in case of miscarriage, it is 6 weeks. For other reasons, it is one month.

This benefit can be claimed by women who have worked minimum 80 days during last 12 months
in establishment. This Act does not apply to any factory-establishment to which "Employees State
Insurance Act" is applicable. The women getting salary of more than Rs. 6,500/- is also not
entitled for this benefit.

A notice for claim of this benefit is to be given by women to employer. Employer is prohibited to
dismiss the women employee during the entitlement of this benefit. Section 18 of this Act
described the conditions when this benefit can be forfeiture.

Provisions for Inspectors to implement this law are also made. Inspectors are given to power to
direct employer to make payment under this Act.

104. THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971

In brief this Act make "abortion" lawful. Before the commencement of this Act, abortion was illegal
and punishable.

This law makes liberal provision for abortion on the reasons of health humanitarian and eugenic
(where there is substantial risk that a child if borne would suffer from deformities and diseases)
grounds. This Act is enacted to keep peace with time.

It also provides provisions for safe abortion. As per provision only a registered Medical Practitioner
at a hospital established or maintained by Government, or a place for the time being approved for
the purpose of this Act can do abortion.

105. THE MENTAL HEALTH ACT, 1987

This Act relates to the treatment and care of mentally ill person also contains provisions regarding
management of property of mentally ill person.

Hospitals etc. treating mentally ill person require licence under this Act. The law details the
provision of admission to hospital of mentally ill person. Police and private persons are also
authorised for many actions under this Act. A judicial inquisition (Examination) is also required for
a mentally ill person in certain cases under this Act. Provisions regarding management of property
of mentally ill person are also made. Related subject matters are also covered.

106. THE MINES ACT, 1952

This Act provides provisions for Health, Safety, and Welfare for Mines Workers. It also deals with
some other conditions of their service i.e. Leave with Wages. This Act is applicable on Managers
also.

The meaning of Mines given in Section 2 (J). The Act does not apply in certain cases, which are
given in Section 3.

The Owner, Agent or Manager of a Mine are required to give notice to Chief Inspector of Mines,
Controller of Indian Bureau of Mines and District Magistrate minimum before one month of
starting mining.

Employer has to provide drinking water, sanitation, medical facilities etc. All workers are entitled
for weekly day of rest. Their hours of work are also fixed. They are entitled for leave with wages.
There are many other provision

107. THE MINIMUM WAGES ACT, 1948

The minimum wages Act provides minimum statutory wages to workers. It applies all industries
given in Schedule 1 of this Act. The Centre and State Government is empowered to any other
industry in this Schedule. This Act is applicable even if there is single employee.

The minimum wages are fixed by Government. The Employer who pays wages less than minimum
wages fixed by Govt. is punishable under this Act.

The Act also provides maximum hours, weekly rest days, and overtime-related provisions. The
wages payable under this Act are to be paid in cash.

It also provides some registers to be maintained by Employer and returns to be filled by him.

108. THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT-1969

This Act is enacted to stop concentration of economic power to the common detriment, for the
control of monopolies and for the prohibition of monopolistic and restrictive trade practices.
This Act do not apply on Government controlled undertakings. Section-3 deals in detail on cases
where this act is not applicable.

The meaning of monopolistic trade practices, restrictive trade practices and unfair trade practices
are given in detail in this Act.

Monopolies and restrictive trade practices commission is established to enforce this Act. The
Commission has powers of enquiry into these activities and it can take any appropriate decision to
prohibit these activities. The Commission is even authorize to divide a undertaking under this Act.

109. THE MOTORS TRANSPORT WORKERS ACT, 1961

The Act aims to provide conditions of service and welfare of Motor Transport Workers. This Act is
applicable on any Motor Transport undertaking employing five or more motor transport workers.
The State Govt. are empowered to apply this Act on Motor Transport undertaking employing less
than five motor transport workers.

Registration of every Motor Transport undertaking with prescribed authority is made compulsory.

The Act provides about hours works, weekly rest, payment of wages and leave with wages.
Besides it also provides for other health and welfare provisions such as canteen (where hundred
or more Motor Transport Workers are employed), rest rooms, uniforms, medical facilities, etc. etc.

It also prohibits employment of childs (who has not completed his 15th. years) in Motor Transport
undertakings. Any person between 15 and 18 years of age can be employed only after getting
certificate of fitness by certifying Surgeon.

110. THE MOTOR VEHICEL ACT, 1988

This Act provides provisions relating to Motor Vehicle. If one needs driving licence, to drive any
motor vehicle that is the requirement of this Act. Traffic Police mainly implement this Act. All
Traffic Challans are made under this Act.

This Act has made lawfully compulsory driving licence for drivers and even licence for conductor.
The number of vehicle, which is said its registration number of vehicle is also allotted under this
Act. The Act has also made mandatory for insuring the vehicles against third parties. It has also
provisions regarding construction and maintenance of vehicles. Permits issued to commercial
vehicles are also issued under this Act.

The common man comes in touch with mostly its provisions related with control of traffic, and
penalties for their violation.

For the knowledge of common man its two provisions are hereby clarified.

(i) A private vehicle cannot be impounded by police or any other authority under this Act, unless
both vehicles certificate of registration and driving licence of Driver is not with vehicle/Driver. Any
private vehicle who is not in possession o its certificate of registration can show that certificate
within seven days of any demand by lawful authority to show it.

(ii) The police have no power to fine on any person under this Act. It can only compound the
offence and submit your fine in Court on your behalf. If one is not satisfied with challan, he can go
to Court, police can only keep his driving licence with written entry on challan of this regard and
that copy of challan will serve as driving licence.
111. THE MULTIMODEL TRANSPORTATION OF GOODS ACT, 1993

The Act defines Multimodel Transportation as - "Multimodel Transportation" means carriage of

goods by two or more modes of transport from the place of acceptance of the goods in India to a
place of delivery of goods outside India. "Mode of Transport" means carriage of goods by Road,
Rail, Inland Water Ways or Seas.

The Act provides regulations for the multimodel transportation of goods. Any person carrying on
business of multimodel transportation is required to register under this Act. It describes in details
about multimodel transport document, responsibilities and liabilities of the multimodel transport
operator, and other related matter.

112. THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937

The Act provides application of muslim personal law to muslims in matters described in this Act..

As per this Act, all questions (save questions relating to agricultural land) regarding interstate
succession, special property of females, including personal property inherited or obtained under
contract or gift or any other provision of Personal Law, marriage, dissolution of marriage,
including talaq, ila, zihar, lian khula and mubaraat, maintenance, dower, guardianship, gifts,
trusts and trust properties, and wakfs (other than charities and charitable institutions and
charitable and religious endowments) the rule of decision in cases where the parties are Muslims
shall be the Muslim Personal Law (Shariat).

113. THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986

The Act provides about the rights of divorced muslim women.

Though there is a provision that the maintenance can be governed under the provision of Sections
125 to Section 128 of Code of Criminal Procedure but these provisions can be applicable, if former
husband declare that he would be preferred to govern under these provisions. The provisions of
this Act clearly take away right of any divorced muslim women to claim maintenance from her
former husband.

Now the court can award any divorced muslim women payment of maintenance from her relatives
and incase it is not possible by such relatives to pay her maintenance, the court by order direct
the State Wakf Board established under Section-9 of Wakf Act. The maintenance can be paid
under any other law force in State. It also provides provisions for any suit of maintenance by a
divorced muslim women under Sections 125 to 128 of Cr. P.C. pending before a Magistrate to be
disposed according to the provision of this Act.

Section-3 of this Act describes the right of Mahr and other properties of divorced muslim women.

114. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT, 1985

This Act is made to control and abolish drug menace. This is one of the strictest laws of India. It
contains provisions of minimum 10 years imprisonment and rupees one lakh fine foremost of
offences described in this Act. These punishments can goes up to twenty years imprisonment.

It has also provisions for forfeiting property derived from illicit of drugs. In some cases, it provides
even death penalty.

Drug users who keep small quantity of drugs for personal consumptions gets soft punishment
under this Act.

For speedy trial of offences under this act's provisions for special Court are made.

Procedure to take action against offenders is described. Any lapse in procedure goes to the benefit
of accused.

"NATIONAL FUND FOR CONTROL OF DRUG ABUSE" is also constituted under this Act. This fund
includes Government funding - sale proceeds of property forfeited under this act - any grant by
person on situation - etc. This fund is utilized by Central Government for combating illicit traffic of
drugs and drug abuse.

115. THE NARCOTIC DRUGS AND PHYCHOTROPIC SUBSTANCES (EXECUTION OF BONDS

BY CONVICTS OR ADDICTS) RULES, 1985

Rules provides provisions of execution of bonds by any person convicted under Chapter IV of the
Narcotic Drugs and Psychotropic Substances Act, 1985 and by any other person who is addict to
any type of such drugs and substances which are punishable under Section-27 of the Act.

Separate forms of bond are provided for convicts and addicts.

116. THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992

This Act provides the constitution of a National Commission for minorities. It consists of Chair
Persons and six Members appointed by Central Government. Its Chairman and five members are
from minority Community.

The Commission can look into specific complaint regarding deprivation of rights and safeguard of
the minorities and take up such matter with the appropriate authorities. It can also monitor the
working of safeguard provided by law for minorities. The detailed functions for Commission are
given in Section-9 of Act. The Commission is also given some powers of Civil Court under Code of
Civil Procedure during inquiry by it.

117. THE NATIONAL COMMISSION FOR WOMEN ACT, 1990

This Act provides to constitute a commission for women. The commission looks after matters
relating to women as it can investigate and examine all matters relating to the safeguard for
women under the constitution and other laws. It can also look into complaint and take sue motto
notice of matters relating to deprivation of Women Right. The Commission functions are given in
detail in Section-10 of this Act.

While inquiring Commission has some powers of Civil Court under code of Civil Procedure.

The expenses of the Commission are met by Central Government grant. The Commission has one
Chairman and six other members including Member Secretary.

This Commission is also authorised to inspect a Jail Remand Home Women Institution or other
place of custody, where women are kept. It can also take up for any remedial measures with
concerned authorities of these custody houses.

118. THE NATIONAL SECURITY ACT, 1980

This Act empowers Central and State Government to detain any person, if they satisfied that
person is working in any manner prejudice to the defence and security of India.
The Executive powers in this Act are mainly with District Magistrate and Police Commissioner.

Government can detain any person for three months at first instance. The total period of
detention can go up to twelve months.

There is a provision of Constitution of Advisory Boards for looking into sufficient cause for
detention under this Act. If this Advisory Boards found no sufficient cause for detention, the
person is released from detention. The Government is also empowered to revoke detention order
any time.

119. NEGOTIABLE INSTUMENS ACT, 1881

This Act defines the law relating to promissory Notes, Bills of Exchange and Cheques. The
meaning of these is given in section 4, 5 & 6 of this Act. These 3 instruments are base of Banking
Industry. The Law describe in details about the parties to notes, bills & Cheques. Their negotiation
and matters relating with them. It also deals with compensation in case of dishonour of
Promissory notes, Bill of Exchange or cheques.

It also contain provision of penalty in case of dishonour of cheques, which are issued to pay any
debt or other liability and which are issued to pay any debt or other liability and which are
dishonoured because of insufficiency of funds in the Bank Account.

120. THE NOTARIES ACT, 1952

Commonly notary means an officer authorised to certifies deeds, contracts, copies of documents,
affidavits, etc. The function of notaries given in Section-8 of this Act has broadened the functions
of the notaries.

Central government is authorised to appoint notaries. Every notary have and can use a seal.
Provisions relating to removal of notaries are also provided.

121. THE OATHS ACT, 1969

The Indian judicial system requires to administer oath "to state the truth" to all witnesses etc.
during their witness etc. This Act deals with matters relating to oath. It describes:-

(a) About who are empowered to administer oath.

(b) Who has to take the oath.
(c) Forms of oath and affirmations

It also provides making of affirmation by person instead of making an oath.

It bounds every person giving evidence before a court or a person authorised to administer oaths
and affirmations to state the truth.

122. THE OFFICIAL SECRET ACT, 1923

This Act mainly deals with communication of any secret information to enemy or simply enemy
spies. It provides stringent punishment for this, it also prohibits some other acts which can be
detrimental to the security of nation.

Harbouring of spies or abetment to commit any offence under this Act is also punishable. The
Courts are also given authority for exclusion of public during trial proceedings. It is also clarify
that Court will pass sentence in public.

123. THE OFFICIAL TRUSTEES ACT, 1913

Broadly speaking "OFFICIAL TRUSTEE" is a government man who under any provisions of this Act
can be made trustee of any trust/property.

The official trustee is a corporation of the State. Official trustee have perpetual succession and an
official seal, and may sue and be sued in his corporate name.

The courts are authorize to appoint him trustee of any trust/property. Any one can appoint official
trustee as trustee of his property by will also. Private trustees of a trust can also appoint official
trustee to be trustee of property of their trust. Conditions when official trustee can not accept any
trust is also given. Provisions for related matters are also made.

124. THE PARTITION ACT, 1893

The Act relates with the partition of property. It provides law for many situations which can arise
during partition. The provisions of Act can be enforced by court of law.

The court can orders sale of property, if because of number of share holders or any other special
circumstances, the division of property can not be made reasonably. Procedures of buying that
property by one or more share holders is also made. Similarly some other provisions are also
made for such partition.

125. THE PASSPORTS ACT, 1967

Every person who departs from or attempt to depart from India requires a valid passport or travel
documents under this Act. Govt. of India issues the passport.

The Act provides and describes the full procedure for issuance of passports and related matters.
Penal provisions are provided for breach.

126. THE PASSPORT ENTRY INTO INDIA ACT, 1920

The Act creates a mandatory requirement for any person entering India to have a passport. The
Central Govt. is empowered to make rules regarding this matter. Any person contravening this act
can be arrested without warrant. The Central Govt. is also empowered to remove any person from
India who has entered without passport.

127. THE PATENT ACT, 1970

A person who invents anything new has been given right to use that invention for its exclusive use
upto a specified period. No other can use that invention except with the permission of inventor
within specified period of patent. The Chapter II of this Act details the Invention, which cannot be
patented.
The Act describes in detail procedure of obtaining the patent and other related matter. It has 23
chapters with 163 sections. A patent office is created where applications for patent can be
submitted, and who after due procedure register the patent. The Act also details about
International patents and about infringement of patents.

128. THE PAYMENT OF BONUS ACT, 1965

This Act makes bonus payment mandatory for every factory (employing ten or more employees)
and other establishment employing twenty or more employees. The Central/State Government is
empowered to extend the provisions of this Act for any other establishments employing ten or
more employees.

Every employee receiving salary/wages up to Rs. 5,000/- per month is entitled to bonus for every
accounting year. 30 days working condition for employees in that accounting year is necessary to
receive bonus. Section-9 of Act details about the conditions which disqualifies a employee to
receive bonus.

8.33% of wages/salary is minimum bonus to be paid. Maximum limit is 20%. Bonus is to be paid
in cash and within 8 months of closing the accounting year.

New establishment are given some relaxations in payment of bonus up to first seven years of their
operation.

129. THE PAYMENT OF GRATUITY ACT, 1972

The Act provides "GIFTS" for employees who had worked for more than five years at the time of
leaving the service. The condition of five years service is not applicable in case of employee's
death. In case of death, gratuity is paid to persons nominated by employee or if no nomination is
made, it is paid to heirs.

It is applicable to almost all industries/establishments employing ten or more persons.

It is paid @ 15 days salary after every year of service. Maximum 20 months of salary can be paid
with limit up to Rs. 3,50,000/-. In seasonal industry it is paid @ 7 days salary after every year of
service.

Section-4 (6) of this Act deals with conditions regarding forfeiture of gratuity of an employee.

Employers have to obtain compulsory insurance from Life Corporation of India to pay gratuity or
to establish any other fund for its payment as per the provision of this Act.

130. THE PAYMENT OF WAGES ACT, 1936

The Payment of Wages Act is enacted for timely payment of wages to workers. It is applicable on
almost all types of establishments. The provisions of this Act is for employees receiving wages up
to Rs. 1,600/- p.m.

The Act fixes responsibility for Payment of Wages, Provisions of fixation of wage period (wage
period can be fixed for maximum one month).

Wages are to be paid within 7 days of expiry of wage period (in case of less than 1000
employees) and within 10 days in other cases. The wages are to be paid in cash, if employees
permit. Wages can be paid by cheque also.

The Act also describes about various deductions, which can be made from wages. Maximum 15%
of wages can be deducted under various deductions. In case of payment to Housing Co-operative
Society, these deductions can go up to 75% of wages.

131. THE PERSONS WITH DISABILITY (EQUAL OPPORTUNITY, PROTECTION OF RIGHTS

AND FULL PARTICIPATION) ACT, 1995.

The Act provides special provisions for disable persons. It is a welfare Act for disable persons. It
provides for their free education and for their employment, reservations of posts are made.
Provisions regarding non-discrimination in transport road, government employments are also
made.

Centre/State government and local authority are required to take steps for the prevention of
occurrence of such disability. Government is required to make schemes for providing aid and
appliances to disable persons. Preferential allotment of land or disabled persons is also made.
Authorities for the administration, co-ordinations etc. under this Act are also constituted.

132. THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991

The Act prohibits conversion of any place of worship of any religious denomination or any section
thereof into a place of worship of a different section of the same religious denomination or of
different religious denomination or any section thereof. The 15th. August, 1947 is fixed the date
from when the religious character of place of worships can not be changed.

This Act did not apply Ram Janma Bhumi Babri-Masjid situated in Ayodhya in the State of Uttar
Pradesh The Act prohibits courts to hear certain cases of conversion, Section-4 describes those
conditions.

133. THE PLANTATION LABOUR ACT, 1951

The Act provides conditions of service and health - welfare measures for plantation labour.

The Act is applicable on 5 hectares or more land used for growing Tea, Coffee, Rubber, Cinchona
or Cardamom and on which 15 or more workers are employed. State Government is empowered
to apply this Act on plantation of these plants on less than 5 hectares of land or to plantation of
any other plants, which fulfill 5 hectares or more land condition and employed 15 or more
employees.

Registration is compulsory for every employer of Plantation. Registrars are appointed for this
registration.

Employers have to provide - drinking water, latrines and urinals, medical facilities, etc. The Act
also provides for working hours, weekly holiday, leave with wages etc. It also provides houses for
plantation labour.

134 THE POISONS ACT, 1919

This Act regulates the import, possession and sale of poisons. The State Govt. is authorised to
regulate it and to make rules regarding it. The Central Govt. is authorised to grant licence for
import of poison. The District Magistrate, Sub-Divisional Magistrate and Commissioner of Police
are authorised to issue a warrant of search for suspected place where poison is possessed in
contravention of this Act. The Act provides penal provision for violators.

135. THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922

The Act provides punishment for a person intentionally causes or attempts to cause disaffection
towards the government among the members of police force or any other act, which he knows is
likely to induce any member of police force to commit a breach of discipline etc. Exceptions are
given in Section-4.

136. THE POLICE ACT, 1888

The Act empowers Central Govt. to create a general police district embracing parts of two or more
States and extend to every part of the said district the powers and jurisdiction of members of a
police force belonging to a State. It also describes award the powers-duties etc. of police officers
of these districts.

The Central Govt. is further empowered to make any order under which a member of the police
force of any State discharge the function of a police officer in any other State. The powers
functions privileges and liabilities of such officers is also described.

137. THE POLICE ACT, 1949

The Act empowers Central Govt. to constitute general police district embracing two or more union
territory. The entire police establishments in a general police district to be one police force. The
administration of this police force is vested in an officer appointed by Central Govt.

138. THE POLICE ACT, 1861

This Act is made by British Government in 1861 to create and regulate Police Force in India. It is
one of the oldest laws of India after independence. Indian Parliament approved its adoptation by
independent India. This Act explains about the basic duty of Police about their discipline,
appointment, dismissal etc. of inferior officers.

It also empowers police to take charge of unclaimed property.

The police Act also provides details of small offences and provides for their punishment, police can
take action in these offences. This Act also defines some offences, which can be committed by a
Police Officer and provides punishment for them.

139. THE POLICE FORCES (RESTRICTIONS OF RIGHTS) ACT, 1966

Rights of Members of police forces are restricted by this Act to ensure proper discharge of their
duties and maintenance of discipline among them.

They are restricted to form association and freedom of speech etc. under this Act. All members of
police are restricted to take part in any demonstration by anybody of person for any political
purpose. Any person breaching the provisions of this Act can be imprisoned for two years.

140. THE POWERS OF ATTORNEY ACT, 1882

Powers-of-attorney includes any instruments empowering specified persons to act for and in the
name of the person executing it.

This "specified person" , if he thinks fit, execute or do any instrument or thing in and with in his
own name and signature, and his own seal, where seal is required, by authority of donor of the
power and every instrument and thing so executed and done, shall be as effectual in law as it had
been executed or done by the donee of the power.

Provisions for some other related matter are also provided.

141. THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

This Act regulates printing presses and newspapers. It also provides registration for them. It
contains provisions for the preservation of copies and books. The Act also provides Registrar of
Newspapers for the purpose of this Act. Provision of "Catalogue of Books printed in India" for
registration of memorandum of every book is also made.
It makes mandatory to print certain particulars on Book and Newspapers. Printing Press Keepers
are also required to make declaration to District presidency or Sub-Divisional Magistrate for
keeping the press.

The publisher/printer are made responsible to deliver free copies to Government under this Act.
Generally one or two copies are supplied under this provision.

142. THE PREVENTION OF BLACK MARKETING AND MAINTENANCE OF SUPPLIES OF

ESSENTIAL COMMODITIES ACT, 1980

This Act provide detention for the purpose of preventing Black Marketing and maintenace of
supplies of essential commodity to the Public. Both center and State Govt. are empowered under
this Act.

Procedure for absconding persons about whom detention order is issued is also detailed in this
Act. Advisory Board for the purpose of this Act is also constituted under this Act.

A person can be detained for maximum for 6 months under this Act and can earlier revoked by
Govt;

143. THE PREVENTION OF CORRUPTION ACT, 1988

The main purpose of this Act is to crack down on menace of corruption. Earlier the matter relating
to this law is regulated by Sections 161 to 165 of Indian Penal Code. Later a special Act was
enacted by parliament of India to deal with corruption.

It basically deals with bribe related matters. The meaning of bribe (gratification) is very vast and
not restricted to any bribe, which is estimated in money. The full meaning of gratification is
defined in section 7 of this Act.

Bribe by public servant, by any person to influence public servant or abetment of these Acts are
offence and punishable with stringent punishment. An attempt to do these offences is also
punishable.

The Central and State Government are also empowered to appoint special judges to try offences
under this Act. A person can be prosecuted under this Act only with the previous sanction of
Government.

Only an Assistant Commissioner of Police or Deputy Superintendent of Police is authorised to

investigate in this case. Exception is only Delhi, where a Police Inspector can also investigate
under this Act.

144. THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

This Act prevents the infliction of unnecessary pain or suffering on animals. It makes the duty of
every person having the care or charge to take all reasonable measures to ensure the well being
such animal and to prevent the animal of unnecessary pain or suffering.

Section-11 and 12 of this Act tell about the cruel activities done on animals and which are
prohibited under this Act.

The Act empowers the Police to seize any such animal. Magistrates are also empowers to issue
search warrants for inquiring into the matters of cruelty to animals. Courts are also empowered to
order destruction of suffering animals, if court is satisfied that it would be cruel to keep animal
alive.
145. THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984

The Act provides strict punishment to persons mischievously damage to public property with a
punishment of imprisonment upto five years. The special extra provisions for damaging the public
property by fire or explosive substances are made. It provides rigorous imprisonment for a terms
upto ten years punishment.

146. THE PREVENTION OF FOOD ADULTRATION ACT, 1954

The Act provides provisions against the adultration of food. A Central for food standards is created
to advise the Central/State Government on maters arising out of the administration of this Act.

The Act prohibits manufacturing, sale-import etc. of adultrated misbranded food etc. The meaning
of "Adultrated" and misbranded is given in Act which is seen to carefully.

Food Inspectors and Public Analysts are appointed to take samples of food and analysis them for
adultration.

Strict punishments are provided for manufacturing-selling and import of adultrated -misbranded
food.

147. THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC

SUBSTANCES ACT, 1988

The Act empowers Central/State Government to detain a person with a view to prevent him from
engaging in illicit traffic in narcotic drugs and psychotropic substances. The maximum period of
detention under this act is two years. The government can revoke this detention at any time.

Provisions for detaining any absconding persons are also made in this Act.

148. THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971

This Act provides punishment for dishonouring national honour objects e.g. National Flag, National
Anthem and Constitution.

Dishonouring of these National Honours objects are punishable up to three years imprisonment.

International prevention of singing Indian National Anthem or causing disturbance to any

assembly singing National Anthem is also made punishable with imprisonment up to three years.

149. THE PREVENTION OF SEDITIOUS MEETINGS ACT, 1911

The Act provides law relating to the prevention of public meeting likely to promote sedition or to
cause a disturbance of public tranquility.

The government is authorize to declare any area as proclaimed area under this Act. The public
meetings likely to cause disturbance etc. can not be conducted in proclaimed area, unless the
notice for such meeting is given to District Magistrate or Commissioner of Police is given three
days previously and unless written permission for holding such meeting is obtained from District
Magistrate or Commissioner of Police. Exceptions are given in Section-4(3) of this Act.

The District Magistrate depute police officer or other person to attend any such meeting for
making report of such meeting. He is also authorised to prohibit any such meeting. The Penal
provisions are provided for contravention of this Act.

150. THE PRISONERS ACT, 1900

This Act provides provisions for prisoners confined by order of court. It has five main chapters
(though the total chapters are nine). They relates with duty of officer in-charge of prisons
(general), prisoners in the presidency town, prisoners outside the presidency town, removal of
prisoners, persons under substance of transportation and discharge of prisoners. All chapters
describes their subjects in detail.

151. THE PRISONERS (ATTENDANCE IN COURTS) ACT, 1955

The Act provides for the attendance in Courts of persons confined in prisons for obtaining their
evidence and for answering criminal charges. Civil and Criminal courts are empowered to require
appearance of prisoners with certain limitation on civil court or magistrate inferior to first class.

State government is empowered to exempt certain prisoners to appear in court. This provision is
detailed in Section-4. Section-6 of this Act describes the conditions when an officer in-charge of
prison can abstain from carrying out orders of court under this Act.

152. THE PROBATION OF OFFENDERS ACT, 1958

This Act empowers the Courts to release offenders, which are found guilty of certain offences
(mainly of not big offences). After giving due warning on probation of good conduct.

The Courts are also empowered to make the offender to pay any compensation or cost as deem
fit.

The provision of appointing probation officers is also in this Act. If any offender fails to obey the
conditions of good conduct, he can be arrested and sentenced for his original offence.

153. THE PROTECTION OF CIVIL RIGHT ACT, 1955

The Constitution of India has abolished untouchability in India (Article 17 - Fundamental Rights).
This act is enacted to implement that article of Constitution by this Act "Untouchability" is made
offence and made punishable with imprisonment.

It also empowers Government to suspend or resumption of grants to any trust place of public
worship or any educational institution - hostels where the Manager of such institution is convicted
under this Act.

No one can be prevented from entering any place of public worship or assess to any shop, public
restaurant, hotel or place of public entertainment. The details of untouchability preventive Acts
are given in Sections 3-4-5 and 6 of this Act. Any person who abets or these crimes is also
punishable under this Act.

Police can arrest accused person without warrant and Courts can try these cases summarily.

154. THE PROVINCIAL INSOLVENCY ACT, 1920

The Act relates to insolvency. Commonly insolvency is taken as the position of the debtors when
he fails to pay his creditors. The Act in Section-6 describes about various acts of insolvency. If a
debtor commits an act of insolvency. Insolvency petition can be presented by a creditor or by the
debtor in the court. The act does not apply on any corporation, association or company registered
under any law in force.

The District Courts are given jurisdiction for insolvency. They are empowered to decide all
questions regarding insolvency. All procedures regarding it is described. Courts are empowered to
appoint receiver who will take possession of property of debtors and can sell that property for
payment to creditors.

155. THE PUBLIC GAMBLING ACT, 1867

This Act is made to abolish gambling menace, gambling and keeping gambling house are made
punishable offence. Setting birds and animals to fight in public for money is also prohibited in this
Act. It empowers police to enter and search any suspected gambling house with the imprisonment
o Magistrate or District Superintendent of Police.

This Act does not apply to any game of mere skill. This Act is applicable only when money is
involved.

It has also provisions of destruction of gaming instruments. The Court is also empowered to pay
an informer the portion of any fine levied under this Act.

156. THE PUBLIC LIABILITY INSURANCE ACT, 1991

The owners of hazardous substances are make liable to pay compensation in case of death or
injury to any person or damage to any property resulted from an accident due to hazardous
substances. They are required to take insurance policies providing for contracts of insurance for
his liability to pay damages under this act.

157. THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971

Public premises are premises belonged to Central Government etc. The meaning of public
premises is given in Section-2(e) of Act. Un-authorized occupants means the occupation by any
person of the public premises without authority, full meaning is given in Section-2(g).

Estate Officers are appointed by Central Government for eviction of unauthorized occupants in
public premises. They are also authorize to remove unauthorized construction etc. in public
premises.

Show causes are issued to un-authorized occupants and eviction orders are issued by Estate
Officers. After completing due procedure under this Act, Estate Officer can issue order of eviction.
If un-authorized occupant did not comply with the order, he can take the possession of premises,
if required, he can use the necessary force.

Estate Officer is also authorize to order of demolition of un-authorized construction. He can also
require payment of rent and damages in respect of public premises.

Penal provisions are provided for breach.

158. THE PUBLIC SERVANTS (INQUIRIES) ACT, 1850

The Act provides provisions of "inquiry" and "procedure of inquiry" into the behaviour of public
servants. The Act applies to public servants who are not removable from their appointment
without the sanction of government(Gazetted officer).

The government is empowered to order an inquiry. The inquiry can be committed by court, board
or other authority to which the person accused is subordinate or to any other person specially
appointed for this purpose. The procedure for inquiry and related matters is described in the Act.

The Act provides prosecution of such public servant, with the permission of Government, by
accuser also.
159. THE RAILWAYS ACT, 1989

Railway Act regulations our Rails. Railway is the biggest organization and employment provider of
India. It one of the biggest Railway in world. This Act provides regulation for almost all subject
related to railway.

Provisions regarding safety, construction and maintenance, carriage of passengers and goods,
liabilities in case of death and injury in accident, its responsibilities as carrier and regulation of
work of its employee etc. are proved in detail.

160. THE RAILWAY PROPERTY (UNLAWFUL POSSESSION) ACT, 1966

The Act provides strict punishments for persons possessing illegally railway property. The persons
wilfully connives regarding an offence under this Act is also liable to be punished. The Railway
Protection Force is authorised to conduct inquiries, arrest, etc. in these type of cases.

The procedure for inquiry by Railway Protection Force is given. Procedures for search and arrest
without warrants is also made. All searches and arrests made under are to be carried out in
accordance with the provisions of the code of criminal procedure.

161. THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT,
1993

The Central Government is empowered to establish tribunals to be known as the debt recovery
tribunal for the adjudication and recovery of debts due to bank and financial institutions.

Jurisdiction, power, authority and procedure of adjudication of these tribunals are described. The
procedure of recovering of debt is also described.

The tribunals are created with the purpose of fast recovery of debts without going through the
long and complicated judicial proceedings.

162. THE REGISTRATION ACT, 1908

The Act provides provisions relating to registration of documents i.e. registration of sale deed of a
house, registration of an agreement.

It provides Registrar for registration under this Act. Part-II describes in details about the
registration establishment. The duties and powers of registering officer is also given. It told about
the documents which can be registered. Documents which are compulsory/optional for a
registration.

Its different chapters contain provisions regarding different matters relating to registration as
about the time of presentation, place of registration, presenting documents for registration, etc.
Special provisions are made for registration wills.

It also describes about the effects of registration or non-registration.

163. THE REGISTRATION OF FOREIGNERS ACT, 1939

The Act empowers Central Government to make rules with respect to foreigners to report their
presence in India, reporting their movement in India, reporting intended departure, etc. to
prescribed authority.
The Management of any hotel, boarding house, etc. to report the name of any foreigner residing
therein. The Management of any vessel or aircraft can also be required to furnish information
regarding any foreigner entering or intending to depart from India in their vessel or aircraft. Penal
provisions are provided for breach.

The Central government is also empowered to exempt the application of these provisions to any
individual foreigners or any class or description of foreigners.

164. THE RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988

The Act prevents the misuse of religious institutions for political and other purposes. It prohibits
carrying of arms and ammunition into a religious institution. Funds or other properties of religious
institutions are banned to use for the benefit of any political party/ activities etc.

The use of premises of religious institutions is prohibited for political activities, storing of any arms
or ammunitions and many other activities as detailed in Section-3 of the Act.

Imprisonment upto five years is provided for the breach of provisions.

165. RELIGIOUS SOCIETIES ACT, 1880

This Act relates to holding of property by, any body of persons, for the purpose of maintaining
religious worships. It also provides provisions for dissolution of such body and adjustment of its
affairs.

166. THE SALE OF GOODS ACT, 1930

This act defines the law relating to sale of goods. It describes in details about contract of sale,
price conditions and warranties effect of the contract, performance of the contract, right of unpaid
seller against the goods, and suits for breach of the contract.

167. THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976

Any person employed in any Establishment for hire or revered to do any work relating to
promotion of Sales or Bushiness, except person engaged in Managerial or Administrative capacity
or in Supervisory capacity earning wages more than Rs. 1,600/- p.m. is a sale promotion
employee under this Act.

It applies mainly to Pharmaceutical Industry or any other Industry notified in gazette by

government.

The provisions of Workmen Compensation Act - 1923, Industrial Dispute Act-1947, Minimum
Wages Act - 1948, Maternity Benefit Act-1961, Payment of Bonus Act-1965 and Payment of
Gratuity Act-1972 are made applicable on Sales Promotion Employees by this Act.

The employee is entitled for appointment letter and leave with wages. The Employers are also
required to maintain some records under this Act.

168. THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF

ATROCITIES) ACT, 1989
The Act provides strict punishments for atrocities against the members of Schedule Castes and
Schedule Tribes. Section-3 of this Act describes in details about these atrocities and punishments
for them. Public servants committing any offence under this Act or neglecting their duties required
to be performed under this Act are dealt strictly.
It also provides special courts to try offences under this Act. The courts are also empowered to
remove any person beyond the limits of any area to prevent him committing an offence under this
Act.

169. THE SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985

The Act denies "Sick Industrial Company" as an Industrial Company (being a company registered
for not less than 5 years) which has at the end of any financial year accumulated losses equal to
or exceeding its entire net work.

The Act is enacted to rehabilitate etc. of this sick industrial company.

A Board known as "Board for Industrial and Financial Reconstruction" is created to exercise its
jurisdiction and powers, functions and duties under this Act. An appellate authority is also
provided.

Board of Directors, Financial Institutions, Government, etc. can make a reference to Board. The
Board makes and inquiry and it feel fit to reconstruct/rehabilitate the Company, it can sanction a
scheme for it. Section 18 and 19 describes about what can be provided in the scheme. If Board is
in the opinion of no possibility of revival of Sick Company, it can order its wind-up.
170. THE SMALL COINS (OFFENCES) ACT, 1971

The Act prohibits melting or destruction of small coins having value of less than one rupee. It also
prohibits the possessing any melted coin in melted/solid state etc. Penal provisions upto five years
imprisonment are provided for breach. A person committing crime under this Act can be arrested
without warrant.

171. THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS FORFEITURE OF

PROPERTY ACT, 1976.

The Act provides for the forfeiture of illegally acquired properties of smugglers and foreign
exchange manipulators. Section-2 of this Act describes in detail about the persons on whom this
act is applicable.

It describes about the competent authorities for the enforcement of this Act. It also describes
procedures for the forfeiture of property and related matters. A appellate Tribunal is also
constituted to hear appeals against the forfeiture under this Act.

172. THE SOCIETIES REGISTRATION ACT, 1860

The Act provides registration of literacy, scientific and charitable societies. Any 7 or more persons
can form a society. The Registrar of Joint Stock Companies is appointed Registrar under this Act.
For registration members have to subscribe their names to a memorandum of association and file
it to the Registrar.

The Act contains provisions for the administration of society and some other matters i.e suits by
an against societies, enforcement of judgment against society etc. etc. Any person on payment of
fees can inspect all documents filled with the Registrar and also can take copy of it.

It also contains provisions regarding dissolution of societies.

173. THE SPECIAL MARRIAGE ACT, 1954

India has a big series of Family Laws. About ten acts are dedicated to marriage related matter.
Almost every religion has its Marriage Laws. Validity of marriage in law is very essential because a
person is lawfully legible for any rights, which are consequence of marriage only when its
marriage is valid under law. Children born in legal marriage can avail all lawful rights under
different laws as under Indian Evidence Act, a person will be taken as a father of a child, if mother
of child is married with that person according to some law.

The special marriage act is enacted to give legal status to marriages, which are otherwise
normally not possible in any other law. Although certain other marriages can also be registered
under this act.

Any person who have no spouse leaving, not of un-sound mind, the male who has completed the
age of 21 years and female who has completed the age of 18 years and who does not comes
under prohibited relationship given in this Act, can marry under this Act.

It provides provision for marriage officers to solemnize marriages. Any person wanted to marriage
has to notice to marriage officers. The Marriage Officer calls for any objection from public against
this notice. The objections are to be filled within 30 days of notice.

If no objection is received, Marriage Officer can solemnize the marriage in Marriage Certificate
Book and that certificate is signed by both party to marriage and three witnesses.

In case of any objection, Marriage Officer will conduct an inquiry and if he upholds the objection
he can refuse to solemnize the marriage. The inquiry time for objection is 30 days, parties can go
to District Court against the order of Marriage Officer.

Any marriage that is not solemnized under this act can also be registered under this Act, if they
fulfill certain conditions given in Section-15 of this Act.

This Act also deals with divorce etc. under this Act.

174. THE SPECIFIC RELIEF ACT, 1963

This law defines the certain kinds of specific relief. This relief can be granted only for enforcing
civil rights, and not for the many purposes of enforcing a penal law.

The Act is enforceable by Civil Courts of India and is one of major Civil Law of Country regard
ing relief in specific matters.

175. THE SPIRITUOUS PREPARATION (INTER-STATE TRADE & COMMERCE ) CONTROL

ACT, 1955

The Act defines spirituous preparation -

Spirituous preparation means;

(i) any medinal preparation containing alcohols, whether self generated or otherwise or
(ii) any mixture or compound of wine with medicinal substances, whether the wine is fetified with
spirit or not, or

(iii) any other substance notified under Section-4 to be spirituous preparation.

The Act prohibits import-export of spirituous preparation from one State to another except with
the provisions of this Act. Central government is empowered to make rules under this Act. This
Act is not applicable spiritual preparation which are property of government.

176. THE STANDARDS OF WEIGHTS AND MEASURES ACT, 1986

This act is enacted to establish standard of weights and measures, to regulate interstate Trade or
Commerce in weights, measures and other goods which are sold or distributed by weight measure
or number and matters related therewith.

The Act provides approval before manufacturing of models of weighing and measuring
Instruments. It also control and regulates export and import of weights and import of weights and
measures and commodities in package form.

Penal provisions are made for the offences are made for the offences against this Act.

177. THE SUITS VALUATION ACT, 1887

The Act empowers State Governments to make rules for determining the value of land for purpose
of jurisdiction of the suit mentioned in the Court Fees Act.

It also prohibits relief, of value which is more than value of land in any suit mentioned in Section-
7 paragraph iv, or Schedule-II, article-17 of Court Fees Act.

The Act also provides, Court Fees value and jurisdiction value to be same in the suits where court
fees are payable ad-valorem and the suit should not be the suits referred in Section-7 paragraph
V, VI and XI and paragraph X clause (d) in the Court Fees Act

178. THE TELEGRAPH WIRES (UNLAWFUL POSSESSION) ACT, 1950

The Act prohibits a person to keep telegraph wires in excess of 10 pounds. Every person who is in
possession of telegraph wires is required to declare about the quantity those wires to competent
authority.

All persons are prohibited to sell or purchase any quantity of telegraphic wires only with the
permission of competent authority.

Penal provisions are provided for breach.

179. THE TERRORIST AFFECTED AREA (SPECIAL COURT) ACT, 1984

The Act provides special court for speedy trial of terrorist related offences in terrorist affected
area.

The Central government is authorised to declare any area to be terrorist affected area and
establish courts for the trial of offences given in Schedule 1 of Act. The special court can sit at any
other place then the ordinary place of its sitting.

Special provisions are made for the protection of witnesses.

180. THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987

This is one of the most stringent laws made in the history of independent India. This act has
ceased to its existence on 31st May, 2000. This Act contains stringent provisions for terrorist and
disruptive activities Most of the offences defined in this Act are punishable with life imprisonment.
This Act was first passed by Rajiv Gandhi regime. Opposition parties and General people have
severely criticized the many provisions of this Act, which is made in the name of action against
terrorist. But are used for other purposes (un-democratic) also.

Section-3 and Section-4 of this Act tells with details of Terrorist and Disruptive Activities. It gives
vast power to Government and investigating officers. It has also provisions for designated courts
for hearing the cases under this Act. It has also provisions for protection to witnesses.

Only Supreme Court has the authority to hear appeal against any order, judgment by designated
Court under this Act.

181. THE TRADE AND MERCHANDISE MARKS ACT, 1958

This Act provides registration and protection of trademarks. It also prevents the use of fraudulent
marks on merchandise.

It describes procedure for registration in detail. Special provisions for trademarks and Textile
goods are made in this Act.

Breach of provisions of this Act is made offence, which is punishable. The Act defines description
of offences, penalties, procedure and limitation for prosecution.

182. THE TRADE UNIONS ACT, 1926

A general misunderstanding about this Act is that it is for Labour Unions. This is not correct, even
employers have their associations registered under Trade Union Act. Any person other than labour
can also make union and that can be registered under this Act.

This Act regulates the conditions of registration-dissolution and their rights & liabilities.

It has provisions for appointment of Registrars for the purpose of registering Trade Unions. It
provides procedure for registration of Trade Unions.

Minimum 7 persons are required to make a Trade Union.

It also provides provisions for amalgamation of two or more Trade Unions as one Trade Union.

It describes about objects on which Trade Union fund can be spent. The Trade Unions are also
liable to fill certain returns to Registrar. It also contains provisions regarding disqualification of
office bearers of Trade Unions. The office bearers and members of Trade Unions have right to
inspect Account Books and List of Members of Trade Unions.

It also describes some duties of Registrar.

183. THE TRANSFER OF PROPERTY ACT, 1882

The Act defines transfer of property means an act by which a living person conveys property, in
present or in future, to one or more other living persons, or to himself and one or more other
living persons; and to transfer property is to perform such act. Section-6 details out but may be
transferred. The Act provides provisions for, persons competent for transfer, operation of transfer
etc.

Its various chapters details about the, sales of immovable property, mortgage of immovable
property and charges, lease of immovable property, about changes and gifts, related provisions.

184. THE TRANSPLANTATION OF HUMAN ORGAN ACT, 1994

The Act provides regulation for removal,, storage and transplantation of human organs for
therapeutic purpose. It also prohibits commercial dealings in human organs.
Hospitals engaged in removal, storage or transportation of human organs is required to be
registered with appropriate authority. Removal or transplantation of Human Organs can be done
only for therapeutic purposes. Any living person can denote his organs only to his near relative.
Provision for donation of human organs after death is also made.

Commercial dealings in human organs are prohibited and are punishable under this Act. An
appropriate authority for the purposes of this Act is also created.

185. THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967

This Act defines unlawful activities as "In relation to an individual or association means any action
taken by such individual or association (whether by committing an act or by words either spoken
or written or by signs or by visible representation or otherwise.

(i) Which is intended, or supports any claim, to being about, on any ground whatsoever, the
cessation of a part of the territory in India or the secession of territory of India from Union or
which incites any individual or group or individuals to being about such cession or cessions.

(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial
integrity of India.

This law makes these unlawful activities illegal and punishable with imprisonment. This Act also
empowers Central Government to declare any association unlawful engaged in these unlawful
activities. It also empowers Central Government to prohibit the use of funds of any association
declared unlawful under this Act.

Any person who is member of unlawful association declared under this Act can be punished for
two years imprisonment. Similarly dealing with funds of such association is also punishable under
this Act.

Police is empowered to arrest without warrant any persons accused under this Act.

186. THE WAKF ACT, 1995

The Act provides provisions for the better administration of wakf. The Act defines wakf as:-

"Wakf" means the permanent dedication by a person professing Islam, of any movable or
immovable property for any purpose recognised by the Muslim law as pious, religious or charitable
and includes -

(i) "a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having
ceased irrespective of the period of such cesser.

(ii) "grants", including mashrut-ul-khidmat for any purpose recognised by the Muslim law as
pious, religious or charitable; and

(iii) a wakf-alal-aulad to the extend to which the property is dedicated for any purpose recognised
by Muslim law as pious, religious or charitable, and "wakf" means any person making such
dedication.

State Governments are authorised to established Board of Wakfs for general superintendence of
all wakfs in the State. Central Government is authorised to constitute Central Wakf Council for
advising it to - on matters concerning the working of State Boards and for due administration of
wakfs.
The provision of survey of wakfs by State government is provided. All wakfs are liable to be
registered. The Mutawali is made liable for registration. Duties of Mutawali is described in detail
under Section-50. Provision regarding maintenance of accounts of wakfs is also made.
Constitution of tribunals by State Govt. is also provided for determination of any dispute etc.
under this Act.

187. WEEKLY HOLIDAYS ACT-1942

This Act provides weekly holidays to persons employed in shops and restaurants. It comes into
force only after State Government notification specifying all State or a specified area for the
applicability of this Act.

Employees of these establishments are entitled for one holiday in a week with wages under this
Act. State Government can additionally give half day leave in a week under this Act. The
Management staff is not entitled under this Act.

188. THE WILD LIFE (PROTECTION) ACT, 1972

The Act provides protection to wild animals, birds and plants. It prohibits hunting of animals.
Exceptions are also made. The killing and wounding of any wild animals in defence is not an
offence. Similarly many protections are given to plants specified in this Act.

Wild animals and specified plants etc. are made government property under this Act.

Many bans on trade and commerce in wild animals, animal articles etc. are put on.

Authorities under Central/State Government are created for the purpose of this Act. Strict
penalties are provided for the breach.

189. THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS

OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955.

This Act provides applicability of certain other laws to working journalists/Newspaper

Establishment i.e. The Industrial Dispute Act-1947 (with some modifications), The Industrial
Employment (Standing Orders) Act-1946 - where twenty or more workmen are employed and The
Employees Provident Fund Act-1952.

The provision of separate Wage Boards for the purpose of fixing and revising rates of wages in
respect of working journalists and non-journalists newspaper employees are made in this Act. If
Central Govt. feels that the Wage Board constituted under this Act is not able to function, it can
constitute a tribunal for this purpose. The Central Govt. is also empowered to fix interim rate of
wages with consultation of Wage Board, which are binding on all employers in relation to
Newspapers establishment.

This Act also provides some provisions for job protection of Journalists and Non-journalists
Newspaper employees. It has also provisions of payment of gratuity after three years service. It
has also provision for working hours and leave with wages.

190. THE WORKMEN'S COMPENSATION ACT, 1923

This Act provides compensation to workers or their dependants in case of accident during their
employment. This accident should cause disablement or death to worker. The Act is also
applicable in case of occupational disease (which are due to certain conditions of some works).
This Act is applicable to Establishments given in Schedule-II and III of this Act. However, it is not
applicable on Establishments covered by "Employees State Insurance Act".

Any accident arising out of willful disobedience of Safety Rules, disregard of safety device or under
influence of drinks - drugs, the compensation is not payable.

Employee can be medically examined by a qualified Medical Practitioner, if required by the

Employer.

In most cases, this compensation is deposited with Govt. under this Act who disburses the
compensation.

191. THE YOUNG PERSON (HARMFUL PUBLICATION) ACT, 1976

This Act defines the "Harmful Publication" as "means any book magazine, pamphlet, leaflet,
newspaper or other like publication which consists of stories told with the aid of pictures or
without the aid of pictures or wholly in pictures, being stories portraying wholly or mainly.

(i) The Commission of offences, or

(ii) Acts of violence or cruelty, or
(iii) Incidents of repulsive or horrible nature.

In such way that the publication as a whole would tend to corrupt a young person into whose
hands it might fall, whether by inciting or encouraging him to commit offences or acts of violence
or cruelty or in any manner whatsoever.

Sale etc. of harmful publication are made offence by this Act punishable with imprisonment and
fine. Government is also empowered to declare any publication "Harmful Publication" - seize it and
destroy it.

Any person accused of offence under this Act can be arrested without warrant by police.

192. THE ACTS RELATING TO NATIONAL AND FESTIVAL HOLIDAYS & CASUAL AND SICK
LEAVES

No Central labour law relating to private industry regarding these holidays is enacted. As it is a
State matter. All State Governments have enacted laws regarding these holidays.

Generally all State Legislations has common provision for major matters. They provide at least
seven holidays for national and other festivals. Republic day, Independence day and Mahatma
Gandhi's birthday are compulsory holidays. Employer and Employees had given right to decide
remaining national and festival holidays.

Similarly minimum seven days casual leave and 14 days sick leave is provided to employees.

These leaves are paid means the employees get the wages of these leaves as they had actually
worked for that day.

An employee becomes entitled for these leaves after working for a specified period.
The employee who works in establishment on national/other festival holidays is entitled to get
double wages for that day.