印度《1951年产业开发和管制法》.docx

1、印度1951年产业开发和管制法1951年产业（开发和管制）法Tags: , 积分 Counts:111 次The Industries(Development and Regulation) Act, 1951(Act No. 65 of 1951)31st October, 1951An Act to provide for the development and regulation of certain industries.BE it enacted by Parliament as follows :-CHAPTER IPRELIMINARY 1. Short title, exte

2、nt and commencement-(1) This Act may be called the Industries (Development and Regulation) Act, 1951.(2) It extends to the whole of India(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.2. Declaration as to expediency of contro

3、l by the UnionC It is hereby declared that it is expedient in the public interest that the Union should take under its control the industries specified in the First Schedule.3. Definitions In this Act, unless the context otherwise requires.-(a) AAdvisory Council means the Central Advisory Council es

4、tablished under section 5;(aa) Aancillary industrial undertaking means an industrial undertaking which, in accordance with the proviso to sub-section (1) of section 11B and the requirements specified under that sub-section, is entitled to be regarded as an ancillary industrial undertaking for the pu

5、rposes of this Act;(ab) Acurrent assets means bank balances and cash and includes such other assets or reserves as are expected to be realised in cash or sold or consumed within a period of not more than twelve months in the ordinary course of business, such as, stock-in-trade, amounts due from sund

6、ry debtors for sale of goods and for services rendered, advance tax payments and bills receivable, but does not include sums credited to a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees, maintained by a company owning an industrial undertaking;(ac)

7、 Acurrent liabilities means liabilities which must be met on demand or within a period of twelve months from the date they are incurred; and includes any current liability which is suspended under section 18FB;(b) ADevelopment Council means a Development Council established under section 6;(bb) Aexi

8、sting industrial undertaking means -(a) in the case of an industrial undertaking pertaining to any of the industries specified in the First Schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this Act or for the establishment of which effective ste

9、ps had been taken before such commencement, and(b) in the case of an industrial undertaking pertaining to any of the industries added to the First Schedule by an amendment thereof, an industrial undertaking which is in existence on the coming into force of such amendment or for the establishment of

10、which effective steps had been taken before the coming into force of such amendment;(c) Afactory means any premises, including the precincts thereof, in any part of which a manufacturing process is beingcarried on or is ordinarily so carried on-(i) with the aid of power, provided that fifty or more

11、workers are working or were working thereon on any day of the preceding twelve months; or(ii) without the aid of power, provided that on hundred or more workers are working or were working thereon on any day of the preceding twelve months and provided further that in no part of such premises any man

12、ufacturing process is being carried on with the aid of power;(cc) AHigh Court means the High Court having jurisdiction in relation the place at which the registered office of a company is situate;(d) Aindustrial undertaking means any undertaking pertaining to a scheduled industry carried on in one o

13、r more factories by any person or authority including Government;(ad) Anew article, in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this Act, means -(a) any article which falls under an item in the First Schedule other

14、 than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall;(b) any article which bears a mark as defined in the Trade Marks Act, 1940 (5 of 1940), or which is the su

15、bject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent;(e) Anotified order means an order notified in the Official

16、 Gazette;(f) Aowner, in relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or m

17、anaging agent shall be deemed to be the owner of the undertaking;(g) Aprescribed means prescribed by rules made under this Act;(h) Aschedule means a Schedule to this Act;(i) Ascheduled industry means any of the industries specified in the First Schedule;(j) Asmall scale industrial undertaking means

18、an industrial undertaking which, in accordance with the requirements specified under sub-section (1) of section 11B, is entitled to be regarded as a small scale industrial undertaking for the purposes of this Act;(k) words and expressions used herein but not defined in this Act and defined in the Co

19、mpanies Act, 1956 (1 of 1956), have the meanings respectively assigned to them in that Act.4. Saving. Rep., by the Industries (Development and Regulation) Amendment Act, 1953 (26 of 1953), s.3 (w.e.f. 1.10.1953). CHAPTER IITHE CENTRAL ADVISORY COUNCIL AND DEVELOPMENT COUNCILS 5. Establishment and co

20、nstitution of Central Advisory Council and its functions.- (1) For the purpose of advising it on matters concerning the development and regulation of scheduled industries, the Central Government may, by notified order, establish a Council to be called the Central Advisory Council.(2) The Advisory Co

21、uncil shall consist of a Chairman and such other members, not exceeding thirty in number, all of whom shall be appointed by the Central Government from among persons who are in its opinion capable of representing the interests of-(a) owners of industrial undertakings in scheduled industries;(b) pers

22、ons employed in industrial undertakings in scheduled industries;(c) consumers of goods manufactured or produced by scheduled industries;(d) such other class of persons including primary producers, as in the opinion of the Central Government, ought to be represented on the Advisory Council.(3) The te

23、rm of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the Advisory Council, shall be such as may be prescribed.(4) The Central Government shall consult the Advisory Council in regard to-(a) the making of any

24、 rules, other than the first rules to be made under sub-section(3); and may consult the Advisory Council in regard to any other matter connected with the administration of this Act in respect of which the Central Government may consider it necessary to obtain the advice of the Advisory Council.6. Es

25、tablishment and constitution of Development Councils and their functions - (1)The Central Government may, by notified order, establish for any scheduled industry or group of scheduled industries, a body of persons to be called a Development Council which shall consist of members who in the opinion o

26、f the Central Government are-(a) persons capable of representing the interests of owners of industrial undertakings in the scheduled industry or group of scheduled industries;(b) persons having special knowledge of matters relating to the technical or other aspects of the scheduled industry or group

27、 of scheduled industries;(c) persons capable of representing the interests of persons employed in industrial undertakings in the scheduled industry or group of scheduled industries;(d) persons not belonging to any of the aforesaid categories, who are capable of representing the interests of consumer

28、s of goods manufactured or produced by the scheduled industry or group of scheduled industries.(2) The number and the term of office of, and the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among members of a Development Council shall be

29、 such as may be prescribed.(3) Every Development Council shall be, by virtue of this Act, a body corporate by such name as may be specified in the notified order establishing it, and may hold and transfer property and shall by the said name sue and be sued.(4) A Development Council shall perform suc

30、h functions of a kind specified in the Second Schedule as may be assigned to it by the Central Government and for whose exercise by the Development Council it appears to the Central Government expedient to provide in order to increase the efficiency or productivity in the scheduled industry or group

31、 of scheduled industries for which the Development Council is established, to improve or develop the service that such industry or group of industries renders or could render to the community, or to enable such industry or group of industries to render such service more economically.(5) A Developmen

32、t Council shall also perform such other functions as it may be required to perform by or under any other provision of this Act.7. Reports and Accounts of Development Councils.- (1) A Development Council shall prepare and transmit to the Central Government and the Advisory Council, annually, a report setting out what has been done in the discharge of its functions during the financial year last completed.(2) The Report shall include a statement of the account of the Development Council for that year, and shall be transmitted as soon as