28.Power of Central Government to issue directions.
28. Power of Central Government to issue directions.-(1) Without prejudice to the foregoing provisions of this Act, the Board shall, in exercise of its powers or the performance of its duties under this
Act, be bound by such directions on questions of policy as the Central
Government may give in writing to it from time to time:
Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
29.Power of Central Government to supersede Board.
29. Power of Central Government to supersede Board.-(1) If the
Central Government on the complaint of a registered organization or otherwise has reason to believe that the Board is unable to perform or has persistently made default in the performance of he duties imposed on it, the Central Government may issue notice to the Board asking why it should not be superseded:
Provided that no order superseding the Board shall be made by the
Central Government, unless a notice affording reasonable opportunity to the Board has been given in writing that why it should not be superseded.
(2) The Central Government after recording reasons in writing and by issuing a notification in the Official Gazette supersede the Board for a period of not more than six months:
Provided that on the expiration of the period of supersession, the
Central Government may reconstitute the Board, in accordance with section 3.(3) Upon the publication of the notification under sub-section (2),-
(a) all the members of the Board shall, notwithstanding that their term of office had not expired as on the date of supersession, vacate their office as such members;
(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Trust shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct.
(4) On the expiration of the period of supersession specified in the notification issued under sub-section (2), the Central Government may-
(a) extend the period of supersession for such further period as it may consider necessary so that the total period of supersession does not exceed more than six months; or
(b) reconstitute the Board in the manner provided in section 3.30.
Exemption from tax on income.
30. Exemption from tax on income.-Notwithstanding anything contained in the Income-tax Act, 1961 (43 of 1961), or any other law for the time being in force relating to tax on income, profits or gains, the
Trust shall not be liable to pay income-tax or any other tax in respect of its income, profits or gains derived.
31.Protection of action taken in good faith.
31. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall lie against the Central Government or the
Trust or any member of the Board or Chief Executive Officer or any officer or other employee of the Trust or any ther person authorized by the Board to perform duties under this Act for any loss or damage caused or likely to be caused by anything which is done in good faith.
Explanation.-For the purposes of this section, the expression "good faith" shall have the same meaning as is assigned to it in the Indian
Penal Code (45 of 1860).
32.Chairperson, Members and officers of Trust to be public servants.
32. Chairperson, Members and officers of Trust to be public servants.-All Members, Chief Executive Officer, other officers and employees of the Trust shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servant within the meaning of section 21 of the Indian Penal Code (45.of 1860).
33. Delegation.-The Board may, by general or special order in writing, delegate to the Chairperson or any member or any officer of the Trust or any other person subject to such conditions and limitations, if any, as may be specified in the order such of ts powers under this Act (except the power to make regulations under section 35) as it may deem necessary.
34.Power to make rules.
34. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) the procedure in accordance with which the persons representing registered organisation shall be elected under clause (b) of sub-section (4) of section 3;
(b) the conditions of service of the Chairperson and Members under sub-section (2) of section 4;
(c) the rules of procedure in the transaction of business at meetings of the Board under sub-section (6) of section 4;
(d) the powers and duties of the Chief Executive Officer under sub-section (1) of section 8;
(e) the form in which an application for guardianship may be made by a registered organisation under sub-section (2) of section 14;
(f) the procedure in accordance with which a guardian may be removed under section 17;
(g) the form in which, and the time within which, the budget of the
Trust shall be forwarded to the Central Government under section 23;
(h) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 24;
(i) the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25;
(j) any other matter which is required to be, or may be, prescribed.
35.Power to make regulations.
35. Power to make regulations.-(1) The Board may, with the previous approval of the Central Government, by notification in the Official
Gazette, make regulations consistent with this Act and rules generally to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) the manner and purpose for which a person may be associated under sub-section (5) of section 3;
(b) the time and place at which the Board shall meet under sub-section
(6) of section 4;
(c) the terms and conditions of service of, Chief Executive Officer, other officers and employees of the Trust under sub-section (3) of section 8;
(d) the form and manner in which the application shall be made for registration under sub-section (2) of section 12 and the particulars which such application shall contain under that sub-section;
(e) the manner in which application for guardianship shall be received, processed and decided by the local level committee under sub-section (4) of section 14;
(f) the particulars of applications and orders passed thereon by the local level committee under sub-section (5) of section 14;
(g) the procedure for evaluating the pre-funding status of the registered organisations and framing of guidelines for monitoring and evaluating the activities of such registered organisations under section 19;
(h) the time within which notice for annual general meeting shall be sent and quorum for such meeting under sub-sections (2) and (3) of section 20; and
(i) any other matter which is required to be, or may be, provided by regulations.
36.Rules and regulations to be laid before Parliament.
36. Rules and regulations to be laid before Parliament.-Every rule and every regulation made under this Act shall be laid, as soon s 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 with ut prejudice to the validity of anything previously done under that rule or regulation.*****************************************************************
THE TRADE MARKS ACT, 1999.ACT NO. 47 OF 1999.[30th December, 1999]
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
BE it enacted by Parliament in the Fiftieth Year of the Republic of
India as follows:-