30Power to make rules
(1) The Central Government may, subject to the condition of previous publication, make rules 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;
(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 permission;
(l) the procedure to be followed in making any investigation under this Act;
(m) the conditions which may be included in any licences and permissions;
(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 forms in which, and the authorities to which, such returns and reports shall be submitted;
3[(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.
4[(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.]
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1. Subs. by Act 26 of 1953, s. 18, for "section 11 or section 13" (w.e.f. 1-10-1953).
2. Subs. by Act 71 of 1956, s. 6, for "or section 13" (w.e.f. 1-3-1957).
3. Ins. by Act 72 of 1971, s. 9 (w.e.f. 1-11-1971).
4. Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (4) (w.e.f. 15-5-1986)
- 1 Short title, extent and commencement
- 2 Declaration as to expediency of control by the Union
- 3 Definitions
- 4 [Omitted.]
- 5 Establishment and constitution of Central Advisory Council and its functions
- 6 Establishment and constitution of Development Councils and their functions
- 7 Reports and accounts of Development Councils
- 8 Dissolution of Development Councils
- 9 Imposition of cess on scheduled industries in certain cases
- 10 Registration of existing industrial undertakings
- 10A Revocation of registration in certain cases
- 11 Licensing of new industrial undertakings
- 11A Licence for producing or manufacturing new articles
- 11B Power of Central Government to specify the requirements which shall be complied with by small scale industrial undertakings
- 12 Revocation and amendment of licences in certain cases
- 13 Further provision for licensing of industrial undertakings in special cases
- 14 Procedure for the grant of licence or permission
- 15 Power to cause investigation to be made into scheduled industries or industrial undertakings
- 15A Power to investigate into the affairs of a company in liquidation
- 16 Powers of Central Government on completion of investigation under section 15
- 17 [Omitted.]
- 18 Power of person or body of persons appointed under section 15 to call for assistance in any investigation
- 18A Power of Central Government to assume management or control of an industrial undertaking in certain cases
- 18AA Power to take over industrial undertakings without investigation under certain circumstances
- 18B Effect of notified order under section 18A
- 18C Contracts in bad faith, etc., may be cancelled or varied
- 18D No right to compensation for termination of office or contract
- 18E Application of Act 7 of 1913
- 18F Power of Central Government to cancel notified order under section 18A
- 18FA Power of Central Government to authorise, with the permission of the High Court, persons to take over management or control of industrial undertakings
- 18FB Power of Central Government to make certain declarations in relation to industrial undertakings, the management or control of which has been taken over under section 18A, section 18AA or section 18FA
- 18FC Power of Central Government to call for report on the affairs and working of managed company
- 18FD Decision of Central Government in relation to managed Company
- 18FE Provisions where Government decides to follow the course of action specified in section 18FD (1)
- 18FF Provisions where Government decides to follow the course of action specified in section 18FD (2)
- 18FG Preparation of inventory of assets and liabilities and list of members and creditors of managed company
- 18FH Stay of suits and other proceedings
- 18G Power to control supply, distribution, price, etc., of certain articles
- 19 Powers of inspection
- 20 General prohibition of taking over management or control of industrial undertakings
- 21 Certain administrative expenses of Development Councils to be paid from moneys provided by Parliament
- 22 Power of the Central Government to issue directions to Development Council
- 23 Decision of Central Government final respecting certain matters
- 24 Penalties
- 24A Penalty for false statements
- 25 Delegation of powers
- 26 Power to issue directions
- 27 Cognizance of offences
- 28 Burden of proof in certain cases
- 29 Jurisdiction of courts
- 29A Special provision regarding fines
- 29B Power to exempt in special cases
- 29C Protection of action taken under the Act
- 29D Debts incurred by the authorised person to have priority
- 29E Validation
- 30 Power to make rules
- 31 Application of other laws not barred
- 32 [Repealed.]