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THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Title : THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Year : 1951



CHAPTER IV

MISCELLANEOUS


19.Power to transfer cases.


19. Power to transfer cases. (1) The Central Government or the appellate officer may, by order in writing at any time, transfer any case pending before a competent officer to another competent officer for holding the inquiry and the competent officer to whom the case is so transferred may proceed either de novo or from the stage at which it was transferred.

(2) The Central Government or the State Government may, by order in writing at any time, transfer any appeal pending before an appellate officer to another appellate officer for hearing the appeal and the appellate officer to whom the appeal is so transferred may proceed either de novo or from the stage at which it was transferred.


20.Jurisdiction of Civil Courts barred in certain matters.


20. Jurisdiction of Civil Courts barred in certain matters. (1)
Save as otherwise expressly provided in this Act, no Civil or Revenue
Court shall entertain any suit or proceeding in so far as it relates to any claim to composite property which the competent officer is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the competent officer in respect of the composite property shall be granted by any Civil Court or other authority.

(2) All suits and proceedings pending before a Civil or Revenue
Court at the commencement of this Act shall, in so far as they relate

54.to any claim filed before a competent officer under section 7, be stayed during the pendency of any proceeding under this Act.

(3) Nothing in sub-section (1) shall prevent any Civil or Revenue
Court from entertaining any suit or proceeding relating to any right in respect of any payment made, or property transferred or delivered, to a claimant under the provisions of this Act which any other claimant or other person may be entitled by due process of law to enforce against the claimant to whom the payment is made or the property is delivered or transferred.


21.Competent officer and appellate officer to be a public servant.


21. Competent officer and appellate officer to be a public servant. Every competent officer and appellate officer shall be deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (45 of 1860).


22.Protection of action taken in good faith.


22. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the appellate officer or the competent officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.


23.Power to make rules.


23. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules 1* to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the form of any notice and the manner of its service;

(b) the form and manner in which an application may be filed under section 6;

(c) the form and manner in which claims may be submitted and the particulars which a statement of claim may contain;

(d) the manner in which inquiries under this Act may be held and the procedure to be followed by competent officers in such proceedings;

(e) the form and manner in which appeals may be preferred against the order of competent officers and the procedure to be followed by appellate officers;

(f) the powers vested in a Civil Court which may be exercised by the competent officers and appellate officers while
----------------------------------------------------------------------
1. For the Evacuee Interest (Separation) Rules, 1951, see Gazette of
India, 1952, Pt. II, Sec. 3, p. 109.55.holding an inquiry or hearing an appeal, as the case may be, under this Act;

(g) the manner of separating the interests of the evacuees from those of claimants in any composite property;

(h) any other matter which has to be, or may be, prescribed under this Act.
Last updated on May, 2015
Title : THE EVACUEE INTEREST (SEPARATION) ACT, 1951

Year : 1951



CHAPTER IV

MISCELLANEOUS


19.Powers of inspection.


19. Powers of inspection. (1) For the purpose of ascertaining the position or working of any industrial undertaking or for any other purpose mentioned in this Act or the rules made thereunder, any person authorized by the Central Government in this behalf shall have the right--

(a) to enter and inspect any premises;

(b) to order the production of any document, book, register or record in the possession or power of any person having the control of, or employed in connection with, any industrial undertaking; and

(c) to examine any person having the control of, or employed in connection with, any industrial undertaking.

(2) Any person authorized by the Central Government under sub-
section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

110.20.General prohibition of taking over management or control of industrialundertakings.


20. General prohibition of taking over management or control of industrial undertakings. After the commencement of this Act, it shall not be competent for any State Government or a local authority to take over the management or control of any industrial undertaking under any law for the time being in force which authorizes any such Government or local authority so to do.


21.Certain administrative expenses of Development Councils to be paidfrom moneys provided by Parliament.


21. Certain administrative expenses of Development Councils to be paid from moneys provided by Parliament. Such administrative expenses as relate to the emoluments of officers of a Development Council who are appointed by or with the approval of the Central Government, shall be defrayed out of moneys provided by Parliament.


22.Power of the Central Government to issue directions to DevelopmentCouncils.


22. Power of the Central Government to issue directions to
Development Councils. In the exercise of its functions under this Act, every Development Council shall be guided by such instructions as may be given to it by the Central Government and such instructions may include directions relating to the manner in which, and the purpose for which, any proceeds of the cess levied under section 9 which may have been handed over to it, shall be expended.


23.Decision of Central Government final respecting certain matters.


1*[23. Decision of Central Government final respecting certain matters. If, for the purposes of this Act, any question arises as to whether--

(a) there has been a substantial expansion of an industrial undertaking, or

(b) an industrial undertaking is producing or manufacturing any new article,

the decision of the Central Government thereon shall be final.]


24.Penalties.


24. Penalties. 2*[(1) If any person contravenes or attempts to contravene or abets the contravention of--

(i) the provisions of sub-section (1) 3*[or sub-section (4)]
of section 10 or of sub-section (1) of section 11 or of section 11A or of sub-section (1) of section 13 4*[or of 5*[sub-sections (2), (2A), (2D), (2F) and (2G) of section 29B], or

(ii) any direction issued under section 16 or sub-section
(3) of section 18B, or

(iii) any order made under section 18G, or

(iv) any rule the contravention of which is made punishable under this section,

he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 14, for the original section.
2. Subs. by s. 15, ibid., for the original sub-section.
3. Ins. by Act 67 of 1973, s. 3 (w.e.f. 7-2-1974).
4. Ins. by Act 71 of 1956, s. 4 (w.e.f. 1-3-1957).
5. Subs. by Act 4 of 1984, s. 4 (w.e.f. 12-1-1984).

111.with both, and, in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.]

(2) If the person contravening any of the said provisions is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(3) Notwithstanding anything contained in sub-section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.--For the purposes of this section,--

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.


24A.

Penalty for false statements.


1*[24A. Penalty for false statements. If any person,--

(a) when required by this Act or by any order under this Act to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false or does not believe to be true; or

(b) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any order made under this Act to maintain or furnish;
----------------------------------------------------------------------
1. Ins. by Act 26 of 1953, s. 16.112.he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to two thousand rupees, or with both.]


25.Delegation of powers.


1*[25. Delegation of powers. (1) The Central Government may, by notified order, direct that any power exercisable by it under this Act
(other than the power given to it by sections 16 2*[18A, 18AA and
18FA]) shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority (including in the said expressions any Development Council, State Government or officer or authority subordinate to the Central Government) as may be specified in the direction.

(2) Any power exercisable by a State Government by virtue of a direction under sub-section (1) may, unless otherwise provided in such direction, be exercised also by such officer or authority subordinate to that State Government as it may, by notified order, specify in this behalf.


26.Power to issue directions.


26. Power to issue directions. The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of any order or direction made thereunder.


27.Cognizance of offences.


27. Cognizance of offences. No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal Code (45 of
1860).


28.Burden of proof in certain cases.


28. Burden of proof in certain cases. Where any person is prosecuted for contravening any order made under section 18G which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him.


29.Jurisdiction of Courts.


29. Jurisdiction of Courts. (1) Subject to the provisions of sub-
section (2), no Court inferior to that of a Presidency Magistrate or a
Magistrate of the first class shall try any offence punishable under this Act.

(2) Any Magistrate or bench of Magistrates empowered, for the time being, to try in a summary way the offences specified in sub-
section (1) of section 260 of the Code of Criminal Procedure, 1898.(5 of 1898), may, on application in this behalf being made by the prosecution, try, in accordance with the
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 17, for original sections 25 to 29.2. Subs. by Act 72 of 1971, s. 7, for "and 18A" (w.e.f. 1-11-1971).

113.provisions contained in sections 262 to 265 of the said Code any offence which consists of a contravention of an order made under section 18G.


29A.

Special provision regarding fines.


29A. Special provision regarding fines. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (5 of
1898), it shall be lawful for any Magistrate of the first class and for any Presidency Magistrate to pass a sentence of fine exceeding one thousand rupees on any person convicted of any offence under this Act.


29B.

Power to exempt in special cases.


29B. Power to exempt in special cases. 1*[(1)] If the Central
Government is of opinion, having regard to the smallness of the number of workers employed or to the amount invested in any industrial undertaking or to the desirability of encouraging small undertakings generally or to the stage of development of any scheduled industry, that it would not be in public interest to apply all or any of the provisions of this Act thereto, it may, by notification in the
Official Gazette, exempt, subject to such conditions as it may think fit to impose, any industrial undertaking or class of industrial undertakings or any scheduled industry or class of scheduled industries as it may specify in the notification from the operation of all or any of the provisions of this Act or of any rule or order made thereunder.

2*[(2) Where any notification under sub-section (1) granting any exemption is cancelled, no owner of any industrial undertaking to which the provisions of section 10, section 11, section 11A or clause
(d) of sub-section (1) of section 13 would have applied, if the notification under sub-section (1) had not been issued, shall carry on the business of the undertaking after the expiry of such period as may be specified in the notification cancelling the exemption except under and in accordance with a licence issued in this behalf by the Central
Government and, in the case of a State Government, except under and in accordance with the previous permission of the Central Government.

3*[(2A) In particular, and without prejudice to the generality of the provisions of sub-section (1), the Central Government may, if it is satisfied, after considering the recommendations made to it by the
Advisory Committee constituted under sub-section (2B), that it is necessary so to do for the development and expansion of ancillary, or small scale, industrial undertakings, by notified order, direct that any article or class of articles specified in the First Schedule shall, on and from such date as may be specified in the notified order
(hereafter in this section referred to as the "date of reservation"), be reserved for exclusive production by the ancillary, or small scale, industrial undertakings (hereafter in this section referred to as
"reserved article").

(2B) The Central Government shall, with a view to determining the nature of any article or class of articles that may be reserved for production by the ancillary, or small scale, industrial undertakings, constitute an Advisory Committee consisting of such persons as have, in the opinion of that Government, the necessary expertise to give advice on the matter.

(2C) The Advisory Committee shall, after considering the following matters, communicate its recommendations to the Central
Government, namely:--

(a) the nature of any article or class of articles which may be produced economically by the ancillary, or small scale, industrial undertakings;

(b) the level of employment likely to be generated by the production of such article or class of articles by the ancillary, or small scale, industrial undertakings;

(c) the possibility of encouraging and diffusing entrepreneurship in industry;

(d) the prevention of concentration of economic power to the common detriment; and

(e) such other matters as the Advisory Committee may think fit.

(2D) The production of any reserved article or class of reserved articles by any industrial undertaking (not being an ancillary, or small scale, industrial undertaking) which, on the date of reservation, is engaged in, or has taken effective steps for, the production of any reserved article or class of reserved articles, shall, after the commencement of the Industries (Development and
Regulation) Amendment Act, 1984, or, as the case may be, the date of reservation, whichever is later, be subject to such conditions as the
Central Government may, by notified order, specify.

(2E) While specifying any condition under sub-section (2D), the
Central Government may take into consideration the level of production of any reserved article or class of reserved articles achieved, immediately before the date of reservation, by the industrial undertaking referred to in sub-section (2D), and such other factors as may be relevant.

(2F) Every person or authority, not being the Central Government, who, or which, is registered under section 10 or to whom, or to which, a licence has been issued or permission has been granted under section
11 for the production of any article or class of articles which has, or have, been subsequently reserved for the ancillary, or small scale, industrial undertakings, shall produce, such registration certificate, licence or permission, as the case may be, within such period as the
Central Government may, by notified order, specify in this behalf, and the Central Government may enter therein all or any of the conditions specified by it under sub-section (2D), including the productive capacity of the industrial undertakings and other prescribed particulars.

(2G) The owner of every industrial undertaking (not being an ancillary, or small scale, industrial undertaking) which, immediately before the commencement of the Industries (Development and Regulation)
Amendment Act, 1984, or the date of reservation, whichever is later,--

(a) was engaged in the production of any article or class of articles, which has, or have, been reserved for the ancillary, or small scale, industrial undertakings, or

(b) had before such commencement or before the date of such reservation, as the case may be, taken effective steps for commencing the production of such reserved article or class of reserved articles,

without being registered under section 10 or in respect of which a licence or permission has not been issued under section 11, shall refrain from the production of such reserved article or class of reserved articles, on and from the date of expiry of three months from such commencement or from the date of such reservation, whichever is later.

(2H) Every notified order made under sub-section (2A) shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessions immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the notified order or both
Houses agree that the notified order should not be made, the notified order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notified order..

(3) The provisions of this Act shall apply, so far as may be, in relation the issue of a licence or permission to any industrial undertaking referred in sub-section (2) as they apply in relation to the issue of a licence or permission to a new industrial undertaking.]


29C.

Protection of action taken under the Act.


29C. Protection of action taken under the Act. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this
Act or any rule or order made thereunder.
----------------------------------------------------------------------
1. S. 29B re-numbered as sub-section (1) of that section by Act 71.of 1956, s. 5 (w.e.f. 1-3-1957).
2. Ins. by s. 5, ibid (w.e.f. 1-3-1957).
3. Ins. by Act 4 of 1984, s. 5 (w.e.f. 12-1-1984).

114.(2) No suit or other legal proceeding shall lie against the
Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.]


29D.

Debts incurred by the authorised person to have priority.


1*[29D. Debts incurred by the authorised person to have priority.
Every debt arising out of any loan obtained by the authorised person for carrying on the management of, or exercising functions of control in relation to an industrial undertaking or part thereof, the management of which has been taken over under section 18A or section
18AA or section 18FA,--

(a) shall have priority over all other debts, whether secured or unsecured, incurred before the management of such industrial undertaking was taken over;

(b) shall be a preferential debt within the meaning of section 530 of the Companies Act, 1956 (1 of 1956),

and such debts shall rank equally among themselves and be paid in full out of the assets of the industrial undertaking unless such assets are insufficient to meet them, in which case they shall abate in equal proportions.]


30.

Power to make rules.


30. Power to make rules. (1) The Central Government may, subject to the condition of previous publication, make rules 2* for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the constitution of the Advisory Council and Development
Councils, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling casual vacancies among, members of the Advisory Council or a Development Council;

(b) the form of the statement of account to be furnished by a Development Council;

(c) the intervals at which, the time within which, and the manner in which, the cess leviable under section 9.shall be payable and the rebate for the prompt payment of such cess;
----------------------------------------------------------------------
1. Ins. by Act 72 of 1971, s. 8 (w.e.f. 1-11-1971).
2. See the Central Advisory Council (Procedural) Rules, 1952, Gazette of India, 1952, Extraordinary, Pt. II, See. 3, p. 540; the
Registration and Licensing of Industrial Undertakings Rules, 1952, ibid., p. 617 and the Development Councils (Procedural) Rules, 1952, ibid., 1953, p. 467.115.(d) the expenses which a Development Council may meet from the proceeds of the cess levied under section 9 which may have been handed over to it;

(e) the appointment by or with the approval of the Central
Government of any officers of a Development Council;

(f) the facilities to be provided by any industrial undertaking for the training of technicians and labour;

(g) the collection of any information or statistics in respect of any scheduled industry;

(h) the manner in which industrial undertakings may be registered under section 10 and the levy of a fee therefor;

(i) the procedure for the grant or issue of licences and permissions under 1*[section 11, section 11A,
2*[section 13 or section 29B]], the time within which such licences or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such public inquiry in relation thereto as may be necessary in the circumstances;

(j) the fees to be levied in respect of licences and permissions issued under this Act;

(k) the matters which may be taken into account in the granting or issuing of licences and permissions, including in particular, the previous consultation by the Central Government with the Advisory Council or any
Development Council or both in regard to the grant or issue of any such licences or permissions;

(l) the procedure to be followed in making any investigation under this Act;

(m) the conditions which may be included in any licences and permission;

(n) the conditions on which licences and permissions may be varied or amended under section 12;

(o) the maintenance of books, accounts and records relating to an industrial undertaking;

(p) the submission of special or periodical returns relating to an industrial undertaking by persons having the control of, or employed in connection with, such undertaking, and the
----------------------------------------------------------------------
1. Subs. by Act 26 of 1953, s. 18, for "section 11 or section 13".
2. Subs. by Act 71 of 1956, s. 6, for "or section 13" (w.e.f. 1-3-
1957).

116.forms in which, and the authorities to which such returns and reports shall be submitted;

1*[(pp) any matter which is to be or may be prescribed for giving effect to the provisions of Chapter IIIAA or
Chapter IIIAC;]

(q) any other matter which is to be or may be prescribed under this Act.

(3) Any rule made under this section may provide that a contravention thereof shall be punishable under section 24.2*[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]


31.Application of other laws not barred.


31. Application of other laws not barred. The provisions of this
Act shall be in addition to and not, save as otherwise expressly provided in this Act, in derogation of any other Central Act for the time being in force, relating to any of the scheduled industries.


32.Amendment of section 2 of Act 14 of 1947.32. [Amendment of section 2 of Act 14 of 1947.] Rep. by the
Repealing and Amending Act, 1957 (36 of 1957), s. 2 and Sch. 1.SCHE

See sections 2 and 3 (i)


3*[THE FIRST SCHEDULE

[See sections 2 and 3 (i)]

Any industry engaged in the manufacture or production of any of the articles mentioned under each of the following headings or sub-
headings, namely:--

1. METALLURGICAL INDUSTRIES :

A. Ferrous :

(1) Iron and steel (Metal).

(2) Ferro-alloys.

(3) Iron and Steel castings and forgings.

(4) Iron and Steel structurals.

(5) Iron and Steel pipes.

(6) Special steels.

(7) Other products of iron and steel.
----------------------------------------------------------------------
1. Ins. by Act 72 of 1971, s. 9 (w.e.f. 1-11-1971).
2. Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).
3. Subs. by Act 71 of 1956, s. 7, for the original Schedule (w.e.f.
1-3-1957).

116A

B. Non-ferrous:

1*[(1) Precious metals, including gold and silver, and their alloys.

(1A) Other non-ferrous metals and their alloys.]

(2) Semi-manufactures and manufactures.

2. FUELS:

(1) Coal, lignite, coke and their derivatives.

(2) Mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like.

(3) Fuel gases--(coal gas, natural gas and the like).

3. BOILERS AND STEAM GENERATING PLANTS:

Boilers and steam generating plants.
----------------------------------------------------------------------
1. Subs. by Act 37 of 1962, s. 2, for item (1).

117.4. PRIME MOVERS (OTHER THAN ELECTRICAL GENERATORS)
(1) Steam engines and turbines.
(2) Internal combustion engines.

5. ELECTRICAL EQUIPMENT:
(1) Equipment for generation, transmission and distribution of electricity including transformers.
(2) Electrical motors.
(3) Electrical fans.
(4) Electrical lamps.
(5) Electrical furnaces.
(6) Electrical cables and wires.
(7) X-ray equipment.
(8) Electronic equipment.
(9) Household appliances such as electric irons, heaters and the like.
(10) Storage batteries.
(11) Dry cells.

6. TELECOMMUNICATIONS:
(1) Telephones.
(2) Telegraph equipment.
(3) Wireless communication apparatus.
(4) Radio receivers, including amplifying and public address equipment.
(5) Television sets.
(6) Teleprinters.

7. TRANSPORTATION:
(1) Aircraft.
(2) Ships and other vessels drawn by power.
(3) Railway locomotives.
(4) Railway rolling stock.
(5) Automobiles (motor cars, buses, trucks, motor cycles, scooters and the like).
(6) Bicycles.
(7) Others, such as fork lift trucks and the like.

118.8. INDUSTRIAL MACHINERY:

A. Major items of specialised equipment used in specific industries:--

(1) Textile machinery (such as spinning frames, carding machines, powerlooms and the like) including textile accessories.
(2) Jute machinery.
(3) Rayon machinery.
(4) Sugar machinery.
(5) Tea machinery.
(6) Mining machinery.
(7) Metallurgical machinery.
(8) Cement machinery.
(9) Chemical machinery.
(10) Pharmaceuticals machinery.
(11) Paper machinery.

B. General items of machinery used in several industries, such as the equipment required for various unit processes:

(1) size reduction equipment--crushers, ball mills and the like.
(2) Conveying equipment--bucket elevators, skip hoists, cranes, derricks and the like.
(3) Size separation units--screens, classifiers and the like.
(4) Mixers and reactors--kneading mills, turbo mixers and the like.
(5) Filtration equipment--filter presses, rotary filters and the like.
(6) Centrifugal machines.
(7) Evaporators.
(8) Distillation equipment.
(9) Crystallisers.
(10) Driers.
(11) Power driven pumps--reciprocating, centrifugal and the like.
(12) Air and gas compressors and vacuum pipes (excluding electrical furnaces).
(13) Refrigeration plants for industrial use.

118A.

(14) Fire fighting equipment and appliances including Fire engines.

C. Other items of industrial Machinery:

(1) Ball, roller and tapered bearings.
(2) Speed reduction units.
(3) Grinding wheels and abrasives.

9. MACHINE TOOLS:

Machine tools.

10. AGRICULTURAL MACHINERY:
(1) Tractors, harvestors and the like.
(2) Agricultural implements.

11. EARTH-MOVING MACHINERY:

Bulldozers, dumpers, scrapers, loaders, shovels, drag lines, bucket wheel excavators, road rollers and the like.

12. MISCELLANEOUS MECHANICAL AND ENGINEERING INDUSTRIES:
(1) Plastic moulded goods.
(2) Hand tools, small tools and the like.
(3) Razor blades.
1*[(4) Pressure Cookers.
(5) Cutlery.
(6) Steel furniture.]

13. COMMERCIAL, OFFICE AND HOUSEHOLD EQUIPMENT:
(1) Typewriters.
(2) Calculating machines.
(3) Air conditioners and refrigerators.
(4) Vacuum cleaners.
(5) Sewing and knitting machines.
(6) Hurricane lanterns.

14. MEDICAL AND SURGICAL APPLIANCES:

Surgical instruments--sterilisers, incubators and the like.

15. INDUSTRIAL INSTRUMENTS:
(1) Water meters, steam meters, electricity meters and the like.
(2) Indicating, recording and regulating devices for pressure, temperature, rate of flow, weights, levels and the like.
(3) Weighing machines.
----------------------------------------------------------------------
1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).

118B

16. SCIENTIFIC INSTRUMENTS:

Scientific instruments.

17. MATHEMATICAL, SURVEYING AND DRAWING INSTRUMENTS:

Mathematical, surveying and drawing instruments.

18. FERTILISERS:
(1) Inorganic fertilisers.
(2) Organic fertilisers.
(3) Mixed fertilisers.

19. CHEMICALS (OTHER THAN FERTILISERS):
(1) Inorganic heavy chemicals.
(2) Organic heavy chemicals.
(3) Fine chemicals including photographic chemicals.
(4) Synthetic resins and plastics.
(5) Paints, varnishes and enamels.
(6) Synthetic rubbers.
(7) Man-made fibres including regenerated cellulose-rayon, nylon and the like.
(8) Coke oven by-products.
(9) Coal tar distillation products like nephathalene, anthracene and the like.
(10) Explosives including gun powder and safety fuses.
(11) Insecticides, fungicides, weedicides and the like.
(12) Textile auxiliaries.
(13) Sizing materials including starch.
(14) Miscellaneous chemicals.

20. PHOTOGRAPHIC RAW FILM AND PAPER:
(1) Cinema film.
(2) Photographic amateur film.
(3) Photographic printing paper.

21. DYE-STUFFS:

Dye-stuffs.

22. DRUGS AND PHARMACEUTICALS:

Drugs and pharmaceuticals.

118C

23. TEXTILES (INCLUDING THOSE DYED, PRINTED OR OTHERWISE
PROCESSED):
(1) made wholly or in part of cotton, including cotton yarn, hosiery and rope.
(2) made wholly or in part of jute, including jute twine and rope.
(3) made wholly or in part of wool, including wool tops, woollen yarn, hosiery, carpets and druggets.
(4) made wholly or in part of silk, including silk yarn and hosiery.
(5) made wholly or in part of synthetic, artificial (man-
made) fibres, including yarn and hosiery of such fibres.

24. PAPER AND PULP INCLUDING PAPER PRODUCTS:
(1) Paper--writing, printing and wrapping.
(2) Newsprint.
(3) Paper board and straw board.
(4) Paper for packaging (corrugated paper, kraft paper, paper bags, paper containers and the like).
(5) Pulp-wood pulp, mechanical, chemical, including dissolving pulp.

25. SUGAR:

Sugar.

26. FERMENTATION INDUSTRIES:
(1) Alcohol.
(2) Other products of fermentation industries.

27. FOOD PROCESSING INDUSTRIES:
(1) Canned fruits and fruit products.
(2) Milk foods.
(3) Malted foods.
(4) Flour.
(5) Other processed foods.

28. VEGETABLE OILS AND VANASPATHI:
(1) Vegetable oils, including solvent extracted oils.
(2) Vanaspathi.

118D

29. SOAPS, COSMETICS AND TOILET PREPARATIONS:
(1) Soaps.
(2) Glycerine.
(3) Cosmetics.
(4) Perfumery.
(5) Toilet preparations.

30. RUBBER GOODS:
(1) Tyres and tubes.
(2) Surgical and medicinal products including prophylactics.
(3) Footwear.
(4) Other rubber goods.

31. LEATHER, LEATHER GOODS AND PICKERS:

Leather, leather goods and pickers.

32. GLUE AND GELATIN:

Glue and gelatin.

33. GLASS:
(1) Hollow ware.
(2) Sheet and plate glass.
(3) Optical glass.
(4) Glass wool.
(5) Laboratory ware.
(6) Miscellaneous ware.

34. CERAMICS:
(1) Fire bricks.
(2) Refractories.
(3) Furnace lining bricks--acidic, basic and neutral.
(4) China ware and pottery.
(5) Sanitary ware.
(6) Insulators.
(7) Tiles.
1*[(8) Graphite Crucibles.]

35. CEMENT AND GYPSUM PRODUCTS:
(1) Portland cement.
(2) Asbestos cement.
(3) Insulating boards.
(4) Gypsum board, wall boards and the like.
----------------------------------------------------------------------
1. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).

118E

36. TIMBER PRODUCTS:
(1) Plywood
(2) Hardboard, including fibre-board, chip-board and the like.
(3) Matches.
(4) Miscellaneous (furniture components, bobbins, shuttles and the like).

37. DEFENCE INDUSTRIES:

Arms and ammunition.

38. MISCELLANEOUS INDUSTRIES:
1*[(1)] Cigarettes.
2*[(2) Linoleum, whether felt based or jute based.]
3*[(3) Zip fasteners (metallic and non-metallic).
(4) Oil stoves.
(5) Printing, including litho printing industry.]

Explanation 1.--The articles specified under each of the headings
Nos. 3, 4, 5, 6, 7, 8, 10, 11 and 13 shall include their component parts and accessories.

Explanation 2.--The articles specified under each of the headings
Nos. 18, 19, 21 and 22 shall include the intermediates required for their manufacture.]


SCHE

See section 6(4)


THE SECOND SCHEDULE

[See section 6(4)]

Functions which may be assigned to Development Councils:--

(1) Recommending targets for production, co-ordinating production programmes and reviewing progress from time to time.

(2) Suggesting norms of efficiency with a view to eliminating waste, obtaining maximum production, improving quality and reducing costs.

(3) Recommending measures for securing the fuller utilisation of the installed capacity and for improving the working of the industry, particularly of the less efficient units.

(4) Promoting arrangements for better marketing and helping in the devising of a system of distribution and sale of the produce of the industry which would be satisfactory to the consumer.
----------------------------------------------------------------------
1. Numbered by Act 67 of 1973, s. 4 (w.e.f. 7-2-1974).
2. Ins. by s. 4, ibid, (w.e.f. 7-2-1974).
3. Ins. by Act 17 of 1979, s. 3 (w.e.f. 30-12-1978).

118F

(5) Promoting standardisation of products.

(6) Assisting in the distribution of controlled materials and promoting arrangements for obtaining materials for the industry.

(7) Promoting or undertaking inquiry as to materials and equipment and as to methods of production, management and labour utilisation, including the discovery and development of new materials, equipment and methods and of improvements in those already in use, the assessment of the advantages of different alternatives and the conduct of experimental establishments and of tests on a commercial scale.

(8) Promoting the training of persons engaged or proposing engagement in the industry and their education in technical or artistic subjects relevant thereto.

(9) Promoting the retraining in alternative occupations of personnel engaged in or retrenched from the industry.

119.(10) Promoting or undertaking scientific and industrial research, research into matters affecting industrial psychology and research into matters relating to production and to the consumption or use of goods and services supplied by the industry.

(11) Promoting improvements and standardisation of accounting and costing methods and practice.

(12) Promoting or undertaking the collection and formulation of statistics.

(13) Investigating possibilities of decentralizing stages and processes of production with a view to encouraging the growth of allied small scale and cottage industries.

(14) Promoting the adoption of measures for increasing the productivity of labour, including measures for securing safer and better working conditions and the provision and improvement of amenities and incentives for workers.

(15) Advising on any matters relating to the industry (other than remuneration and conditions of employment) as to which the Central Government may request the
Development Council to advise and undertaking inquiries for the purpose of enabling the Development Council so to advise; and

(16) Undertaking arrangements for making available to the industry information obtained and for advising on matters with which the Development Councils are concerned in the exercise of any of their functions.


SCHE

See section 18FB


1*[THE THIRD SCHEDULE

(See section 18FB)

1. The Industrial Employment (Standing Orders) Act, 1946 (20 of
1946).

2. The Industrial Disputes Act, 1947 (14 of 1947).

3. The Minimum Wages Act, 1948 (11 of 1948).
----------------------------------------------------------------------
1 Ins. by Act 72 of 1971, s. 10 (w.e.f. 1-11-1971).

Last updated on May, 2015

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