Indian Acts in Brief for Layman

8/8/2019 Indian Acts in Brief for Layman

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INDIAN ACTS IN BRIEF FOR LAYMAN

1. ADVOCATES ACT, 1961

The Act provides law relating to legal practitioners. It provides constitution of State Bar Councilsfor 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 ofState Bar Council are given in Section-6. The functions of Bar Council of India are detailed inSection-7.

It has provisions regarding admission and enrolment of advocates to State Bar Council. It alsocontains 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 allcourts, 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 Marriageceremony 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 eachother 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 on16.12.1970. 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 prosecutionunder 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


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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 orestablishment. The apprentices Act provides provisions for "Regulations and Conditions" of

training of Apprentices.

It provides provisions for Apprenticeship Council and Apprenticeship Advisor to administer thisAct.

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 thecontract 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 ofpractical 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 histraining. 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 attendpractical 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 theCourt. 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 naturaljustice.

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


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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 ofarms. 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 anytype 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 notcapable 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 policewithout 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. Itdescribes 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 bynormal courts.

10. ARYA MARRIAGE VALIDATION ACT, 1937

The Act recognize validity of marriages of Arya samajists belonging to different casts of differentsub-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 toproduce 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 partyrelating to legal proceeding.

12. THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966


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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 andleave 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 Cigarmanufacturing 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 withthe 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, 1988This 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 theimprisonment 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 toenforce 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 hiswife or unmarried daughter.

14. THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886The 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 underthis 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 forthe 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 lowwages 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 anyamount. The creditors right to accept payment against bonded debt is also extinguished.


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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 andsocial 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 thisAct.

16. BUREAU OF INDIAN STANDARDS ACT, 1986

By this Act, Bureau of Indian Standards is established for the harmonious development of theactivities 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 providescompulsory 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 providesadministration 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 Boardconsists 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 allpersons 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


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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 anyproperty 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 occupierof 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 underthis 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 bedisposed 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 seizureof 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 ExciseDepartment.

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 ofmatters 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 tobe 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 goodswithin 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 personwho 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 dealerfrom purchaser. Only registered dealers are authorised to collect the tax. The dealer has to

deposit collected tax to Sales Tax Department.


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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 thetrust, 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 thecourt. 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 charitablepurpose. 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 -3Aof Act.

The government can vest any movable and immovable property of any Charitable Trust inTreasure 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 nothingimpose 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 insome 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


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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 formaking 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 punishmentunder this Act.

28. THE CINEMATOGRAPH ACT, 1952The Act provides certification for the Cinematograph Films. The Central Govt. is authorised toconstitute 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 isalso 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 cancause 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 workerand 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 refersthe dispute to Cine workers Tribunal for adjudication. The Tribunal after hearing both the paritiessubmits 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


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employed.

30. THE CITIZENSHIP ACT, 1955

The Act provides for acquisition and determination of Indian citizenship. It describes how a personcan 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 punishmentstep 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 appearor 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 givenpowers 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 sectionIII 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 informationto call for information and return.

The statistical Authority or any person authorised by him in writing have been given right ofaccess 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 inthe 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


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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 havingspecial 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 providesdeath 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 prosecutorare 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 tosati. 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 stationabout 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 andaugmentation 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. isempowered 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 ConsumerCourts 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 EvidenceAct do not apply on it.


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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 NationalCommission.

District Forum had jurisdiction of hearing the cases up to amount involving Rs. Five Lakhs. StateCommission 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 hearappeal 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 ofimprisonment 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 givento 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 theirown 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 everyestablishment 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, operationor 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 andrest 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 incurredby 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


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This Act provides legal status to Co-operative Societies. Any Co-operative Society registeredunder 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 inthis 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 constitutionworking 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 elseexcept 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 levyingthat 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 theCentral 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 detainillegally 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 andpunishable.

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. Theduties 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


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Act.

45. THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946

The Act empowered Central Government to constitute a special police force under itssuperintendence 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 notifiedby Central Government under Section-3 of this Act.

Central Government is also empowered to extend the area, which is not being a union territory forthe 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 WITNESSESAND 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 producibleas 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 stopwork 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 hissatisfactions. 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 suchmatter 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 itsobjective. 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 dowryboth 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 thebenefit 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 dowrythat is also punishable under this Act.


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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 BRIDEOF BRIDEGROOM) RULES, 1985.

These rules are made by Central Government under Dowry Prohibition Act, 1961. It provides forthe written lists of presents given to bride and bridegroom at the time of marriage. As per theseRules, 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 andbridegroom 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, pantomimeor 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 anyjatras 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 ofa 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 itby 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 advertisementfor 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 ofLaw.


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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 certainother land not his own.

The Act contains provisions regarding "Easement". It has six chapters with sixty-four sections. TheAct describes in detail about the general provision regarding easement, imposition, acquisition andtransfer 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, 1950The 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, thename 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 undersuch 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 incontravention of this Act.

56. THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952This Act is applicable on establishments public industries, employing 20 or more employees. It is alaw 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 employeeis 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 withdrawnbefore 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 assurancebenefits under this scheme.

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

wages.

57. THE EMPLOYEES STATE INSURANCE ACT, 1948


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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 duringcourse of Employment.

This Act is applicable on factories, which falls under Factory Act. Other Establishment, which has20 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 byCentral 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 awoman 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 aworkman 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 problemof 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 24employees 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 thevacancies 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 anofficer 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 accessthe 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 similarnature. 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).


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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 increasingsupplies 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 efficientconduct 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 ofthat 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 1year.

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 CentralGovernment 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 importationof 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 orwhich 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 formaking 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 anyexplosive 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 offenceunder this Act is also offence. The Act provides punishment up to twenty years of imprisonment.


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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 requireddocuments 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 familyaffairs. 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 courtsconsider 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 bywrongful 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 compensationunder 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 ReserveBank 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 enforcingauthorities 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 stringentprovisions. 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.


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It deals with foreign exchange matters. Many restrictions on foreign exchange are put under thisAct. 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 makeprovisions 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 policyfrom 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 orconfinement. 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 furnishsome 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 ofany 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 ispunishable 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


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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 ofthe 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 underthis 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 aappointing 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 aguardian 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. Theagreement 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 aboutwarranties 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 Statelevel. 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 toprotection 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 alsoinvestigation staff with a Director General of Police under it.

An Ex-Chief Justice of High Court always heads the State Human Right Commission. TheSecretary 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


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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 Commissionheadquarter 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 securityfor 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 hasprovision 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 toestablish 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 thefigure 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 thepublic 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 forgenerating 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 ofthis 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 andpunishable.


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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 alsodealt 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 dealshow 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, ConsumerCourts, 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' ableJustice 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 beproved, 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 Civilcases 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 dutyleviable 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 protectedforests 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. TheState 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 orwater. It is authorised to make rules to regulate their transaction.

The Central Government is authorised to impose duty on timber and other forest produces.


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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. TheAct 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 under 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 chapterXXX1 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 theprofits 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 thename 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 suchoffences, 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 acrime 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 andany 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 dutypaid 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.


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Instruments which are not duly stamped as per this Act loose their legal validity in many caseschapter 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 anynature 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 workingtelegraphs. 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 oftelegraphs.

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 aboutthe 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 IndianTelegraph 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 fullmachinery for conciliation and adjudication of disputes between employee and employer and viceversa, 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 unfairlabour practices.


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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 torelevant 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 employeehas 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 thatIndustrial 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 andDispensaries, Khaddi or Village Industries and domestic service, agriculture operation, etc. etc.

91. THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946This Act requireemployer'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 theseconditions.

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 establishmentemploying 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 whichcomes 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 thisSchedule.

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 beenreduced 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 obtainlicense 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


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Industry.

93. THE INFLAMMABLE SUBSTANCES ACT, 1952

The Act declares some liquids and other substances (Acetone, Calcium phosphide, Carbide ofCalcium, 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 liquidsand 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 otherofficers 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 alsorecognize 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 througha 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 employerin 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 isapplicable. 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 toInter-State Migrant Workers. Wages shall pay in cash to him. Sections 21 and 22 deal with someother 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 byhim during the course of his duty.


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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 anyjudge.

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 arenot 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 notmake 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 ofjuveniles 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 Lawsby small industries, employing less than 20 persons.

This Act prescribed one single return and three registers for establishment employing more than 9but 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, 19362. The Weekly Holidays Act, 1942

3. The Minimum Wages Act, 19484. The Factories Act, 1948

5. The Plantation Labour Act, 19516. 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 andfor 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.


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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 ofNational/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 forlegal 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 thatscore.

Limitation Act details "Time Limits" for various purposes. Many Acts have their own limitationgiven 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 ormiscarriage.

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 monthsin 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 notentitled for this benefit.

A notice for claim of this benefit is to be given by women to employer. Employer is prohibited todismiss the women employee during the entitlement of this benefit. Section 18 of this Actdescribed 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


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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 forthe 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 regardingmanagement 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 alsoauthorised 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 propertyof mentally ill person are also made. Related subject matters are also covered.

106. THE MINES ACT, 1952This Act provides provisions for Health, Safety, and Welfare for Mines Workers. It also deals withsome other conditions of their service i.e. Leave with Wages. This Act is applicable on Managers

also.

The meaning of Mines given i

Documents

Indian Acts in Brief for Layman