Law's of GST

(1st Law).  Law's of GST :-

1)  Academy Of Scientific And Innovative Research Act, 2011

       1. Short title , extent and commencement :- 

      1)  This Act may be called the Academy of Scientific and Innovative Research Act, 2011.                       2)  It extends to the whole of India except the State of Jammu and Kashmir.                                             3) It shall come into force on such detail as the central Government may , by notification in the         official Gazette, appoint and different dates may be appointed for different provisions of this Act.  

      2. Definitions :- 

                        In this Act, and in all Statutes and Ordinances made thereunder, unless the context otherwise requires,                                                                                                                                         (a) " Academy " Means the Academy of Scientific and Innovative Research established under sub-                section (1) of section 3;                                                                                                                       (b) " Board" means the Board of Governors of the Academy of Scientific and Innovative Research                reffered to in section 10;                                                                                                                       (c) " Council of Scientific and Industrial Research " means a society registered by the name of the Council of Scientific and Industrial Research  under the Societies Registration Act, 1860 (21 of 1860);

 (d) " Chairperson" means the Chairperson of the Board appointed under section 12;

 (e) " Chancellor" means the Chancellor of the Academy appointed under section 20;

 (f) " Director " means the director of the Academy appointed under section 22;

 3. Establishment of Academy of Scientific and Innovative Research :- 

   

 (1) With effect from such date as the Central Government may, by notification , appoint in this behalf, there shall be established for the purpose of this Act an Academy to be called the " Academy of Scientific and Innovative Research" a body corporate by such name. 

 (2) The headquarters of the Academy shall be at such place as the Central Government may, by notification , specify. 

 (3) The Academy may have such number of regional centers and campuses, as it may deem fit. 

 (4) The Academy shall have perpetual succession and a common seal with power, subject to the provisions of this Act , to acquire, hold and dispose of property and to contract , and shall by that name, sue and be sued.

 4. Object of Academy :- 

 

 (1) The object of the Academy shall be to -

 (a) disseminate advanced knowledge in science and technology , by providing teaching and research facilities in such branches of learning as it may deem fit , particularly in emerging areas and such areas as may emerge in future;

  (b) undertake inter-disciplinary studies and research ; 

  (c) conduct courses in, and integrate into its courses , inter-disciplinary  and multi-disciplinary areas covering natural sciences, life science , engineering, applied art, humanities, social sciences, law relating to these areas and interfaces there of; 

  (d) take appropriate measure for innovations in teaching and learning processes;

  (e) create an ambience of for learning and scholarship in advanced science and technology instead of exclusively focusing  on marks or grades;

  (f) educate and train manpower in scientific and technological fields. 

   5. Relationship of Academy with Council of Scientific and Industrial Research :-

   (1) The Academy shall be, provided, or allowed to use , the infrastructure and scientific manpower of the Council of scientific and Industrial Research for teaching and research purpose for mutual benefit. 

  (2) The Academy , within two weeks of the commencement of this Act, shall notwithstanding anything contained in any other Act, rules, regulations or bye-laws for the time being in force , enter into a Memorandum of Understanding with the council of Scientific and Industrial Research, for the purpose of its affiliation with the Academy for the purpose of academy. 

 

    6. Declaration of Academy as an institution of national importance :-

                       It is hereby declared that the Academy of Scientific and Innovative Research shall be an institution of national importance.

  

   7. Transfer of assets, liabilities, etc. of existing Academy to Academy . established under this Act         and other provisions, etc.

      (1) On and from the date of establishment of the Academy , -

             (a) any reference to the existing Academy in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Academy; 

             (b) all properties and assets, movable and immovable , or belonging to the existing Academy shall vest in the Academy .

      (2)  Notwithstanding anything contained in the Industrial Disputes Act, 1947(14 of 1947) or in any other law for the time belong in force , absorption of any employee by the Academy in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and so such claim shall be entertained by any court, tribunal or other authority . 

    8. Functions and powers of Academy :- 

        (1) The Academy shall discharge its function and exercise the following powers                               namely :-

           (a) to provide for instruction and conduct research in such branches of learning like natural science , life science , mathematical and computational science , medical science , engineering, applied art , humanities, social science , law relating to these areas and interfaces thereof and in particular in interdisciplinary and multi disciplinary areas of these branches  and all such areas as may emerge in future and other emerging areas of knowledge , as the Academy may from time to time determine and make provision for advancement and dissemination of knowledge . 

        (b) to lay administrative standards and structures and decide on all matters of creation of posts, laying down standards for recruitment , determining compensation packages, and contractual arrangement . 

       (2)  In exercising its powers referred to in sub-section (1), it shall be the endeavour of the Academy to maintain an all India character and high standards of teaching and research and the academy shall, among other measures which may be necessary for the said purpose .

     9. Authorities of Academy :-

                The following shall be the authorities of the Academy , namely -

          (a) The Board;

          (b) Senate;

          (c) Director;

          (d) Boards of Studied;

          (e) such other authorities as may be declared by the Statues to be the authorities of the                  Academy :-

          10. Conditions of Service :-

                (1) Every employee of the Academy shall be appointed on contractual basis under a written                          contract, which shall be lodged with the Academy and a copy of which shall be furnished                         to the employee concerned .

                (2) The Academy shall have  a flexible compensation system which recognises performance                           as laid down in the statues, to bring the best talent in the Academy .

                         (a) engaged in the service of the Academy .

                         (b) Who draw their salary from the council.

                         Shall be eligible for such allowances or honorarium , as may be determined by the                                    statute.

(2nd Law).  The Actuaries Act, 2006

   1. Short title , extent and commencement :-

       (1)  This Act may be called the Actuaries Act, 2006.

       (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. Definitions :- 

          " Actuary means a person skilled in determining the present effect of future contingent events or in finance modelling and risk analysis in different areas of insurance, or calculating the value of life interests and insurance risk , or designing and pricing of policies." working out the benefits, insurance business, annuities, insurance and pension rates on the basis of empirically based tables and includes a statistician engaged in such technology , taxation, employees benefits and such other risk management and investments and who is a fellow members of the Institute and the expression actuarial science shall be construed accordingly. 

    3.Incorporation of institute :-

       (1)  With effect from such date as the Central Government may, by notification in the register of the Actuarial society at the commencement of this Act and all persons who may thereafter have their names entered in the register to be maintaining under this Act, so long as they continue to have their names borne on the register , are hereby constituted a body corporate by the name of the Institute of Actuaries of India and all such person shall be Known as members of the Institute. 

      (2)  The Institute shall have perpetual succession and a common seal and shall have power to acquire , hold and dispose of property both movable and immovable and shall by its name sure or be sued.

      (3)  The head office of the Institute shall be situated at such place as may be decided by the Central Government . 

    4.  Transfer of Assets , liabilities etc, of Actuarial society :-

       (1)  all the assets and liabilities of the Actuarial Society shall stand transferred to, and vested in the                Institute. 

         Explanation :-   The assets of the Actuarial Society shall be deemed to include all rights and powers and all properties, whether movable or immovable including in particular cash balances deposits and all other interests and rights in or arising out of such properties as may be in the possession of the said Society and all books of accounts and other documents relating to the same and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind. 

     

     5.  Objects of Institute :-

          The objects of the Institute shall be-

          (a)  to promote uphold and develop the standards of professional education, training ,                                     knowledge,  practice and conduct amongst Actuaries. 

          (b)  to promote the status of the Actuarial profession . to regulate the practice by the members of                   the profession of Actuary .

          (c)  to promote in the public interest knowledge and research in all matters relevant to Actuarial                     science and its application. to do all such other things as may be incidents or conducive to                       the above objects or any of them. 

       6.  Honorary , affiliate and students members :-

              (1)  The Council may choose , in such manner as may be specified any person of eminence in matters relating to the profession of Actuary as an honorary member of the Institute provided that he not practicing as an Actuary . 

             (2)  Any person who is a fellow member or is a holder of membership considered equivalent to the fellow membership of the Institute, of any other institution similar to the Institute , whether within or outside India may be admitted as an affiliate member for such period and such terms and conditions as may be specified. 

             (3)  Any person who enrolls himself for examination of the Institute and possesses such academic qualifications as may be specified may be admitted as a students members of the Institute on such terms and conditions as may be specified. 

      

          7.  Certificate of practice :-

              (1)  No members of the Institute shall be entitled to practice unless he fulfils the qualifications as may to specified and obtained from the Council a certificate of practice. 

              (2)  A member who desires to be entitled to practice shall make an application in such form and pay such annual fee for certificate of practice as may be specified and such fee shall be payable on or before that first day of April in each year. 

              (3)  The certificate of practice obtained under sub-section (1) may be cancelled by the Council under such circumstance as may specified.           

         8.  Annual general meetings :-

                   The Council shall every year hold an annual general meeting of the Institute to elect its members under clause (a) of sub-section (2) if sections 12, or to discusses any matter which it deems fit and not more than fifteen months shall elapse between the date of one annual general meeting of the Institute and that of the next. 

                  Provided that from the appointed day the Institute may hold its first annual general meeting  within that period it shall not be necessary for the Institute to hold any general meeting in that year. provided further that the Central Government may for sufficient reasons extend the time within which any general meeting shall be held. 

 

         9. Functions of council :-

             (1)  The duty of carrying out the functions under the provisions of this Act shall be vested in the Council. 

             (2)  In particular and without prejudice to the generality of the foregoing power the functions of the Council shall include.

             (a)  the holding of examination of the candidates for enrolment and specifying fees therefore

             (b)  the recognition of foreign qualifications for entry in the register .

             (c)  the recognition of foreign qualifications and training for training for the purpose of                                  enrolment .  

            10.  Power of central government to make rules :-

                  (1)  The Central Government may by notification make rules to carry out the provision 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 manner of election and nomination in respect of members to the Council under sub-                            section (2) of section 12.

                   (b)  the terms and conditions of service of the presiding officers and members of the                                       Tribunal , place of meeting remuneration and allowances to be paid to them under sub-                            section (3) of section 19. 

                 3rd Law .   Abolition of Privy Council Jurisdiction Act, 1949

      1.  Short title , Extent and Commencement :-

                    Provided that different dates may be appointed for different provisions of this Act and any reference in any such provisions to the commencement of this Act shall be construed as a reference to the commencement of that provision .

 

      2. Abolition of privy Council Jurisdiction :-

          (1)  As from the appointed day, the jurisdiction of His Majesty in Council to entertain and save as hereinafter provided to dispose of appeals and petitions from or in respect of any judgement decree or order of any court or tribunal ( other than the Federal Court ) within the territory of India including appeals and petitions in respect of criminal matters whether such jurisdiction is exercisable by virtue of Hid Majesty's prerogative or otherwise shall cease. 

         (2)  The appeals and petitions aforesaid are hereinafter referred to as "Indian appeals" and Indian petitions respectively. 

       

       3.  Repeal :-

            1)  Sections 208 and 218 of the Government of India Act, 1935 are hereby repealed. 

            2)  Any legal proceedings pending by virtue of the said section 208 immediately before the appointed day whether before his majesty in Council or the Federal Court shall by virtue of this Act abate on the appointed day .

         4.  Transfer of pending appeals to the Federal Court :-

                   All proceedings in respect of any Indian appeals pending before his Majesty in Council immediately before the appointed day , expect those referred to in section 4. shall by virtue of this Act stand transferred to the Federal Court and shall be disposed of by it in the exercise of the jurisdiction conferred on it by this Act.

        5. Continuance of Privy Council jurisdiction in certain pending cases :-

                    Nothing contained in section 2-shall affect the jurisdiction of his Majesty in Council to                             dispose of - 

           (a)  any Indian appeal or petition on which the Judicial Committee of the privy Council has before the appointed day delivered judgement or as the case may be reported to his majesty but which has not been determined by an Order in Council of his majesty .

           (b)  any Indian appeal of petition on which the Judicial Committee has afterhearing the parties reserved judgment of order .

           (c)  any Indian appeals which has been entered before the appointed day in the list of business of the Judicial Committee for the Michaelmas sittings of the year 1949 and which after that day is not directed to be removing there from by or under the authority of the Judicial Committee .

           (d)  any Indian petition which has been lodged before the appointed day in the Registry of the Privy Council .

          6.  Conferment of corresponding jurisdiction on Federal Court :-

                 (1)  As from the appointed day the Federal court shall in addition to the jurisdiction conferred on it by the Government of India Act, 1935 and the Federal Court Act. 1947 but subject to the provisions of this section have the same jurisdiction to entertain and dispose of Indian appeals and petitions as his majesty in Council has whether by virtue of his majesty prerogative or otherwise immediately before the appointed day . 

                (2)  If any question arises whether an appeal or petition is an appeal or petition of the nature refferred to in clause (a), (b), (c), and (d) of section 4- , a Council shall be conclusive evidence on the question . 

   

           7.  Continuance of certain proceedings in High Court :-

                       All proceedings and steps taken in and orders made and certificates granted by a High Court in connection with an Indian appeals or petition shall , expect in the case of any such appeal or petition as is refferred to in section 4-, be deemed to be in connection with an appeal or petition to the Federal Court from or in respect of the same judgement decree or order under the provisions of this Act, and shall be concluded or as the case may be have effect accordingly . 

        

           8.  Effect of order of His Majesty in Council :-

                       Any order of his majesty in council made on an Indian appeal or petition ,whether before on or after the appointed day shall for all purposes have effect not only as an order of his majesty in Council but also as if it were an order or decree made by the Federal Court in the exercise of the jurisdiction conferred by this Act. 

           

             9.  Amendments of the Government of India Act, 1935 :- 

                   (1)  In section 205 of the Government of India Act, 1935  for sub-section (2) the following sub-section shall be substituted namely  -

                  (a)  Where such certificate is given any party in a case may appeal to the Federal Court on the ground that any question as aforesaid has been wrongly decided and with the leave of the Federal court on any other ground. 

                  (b)  In section 209 of the said Act, for sub-section (1) and (2) the following sub-section shall be substituted  namely :-

                  (c)  In  clause (a) of sub-section (3) of section 210 of the said Act , for the word brackets and figure sub-section (1) shall be substituted . 

             10.  Modification of existing Law's :- 

                       The provisions of the Code of Civil Procedure , 1908 and of any other law in force on the appointed day relating to Indian appeals and petitions shall as from that day have effect , expect in relation to the appeals and petitions referred to in section 4- , as if in the said provision , for all references to his majesty in Council there had been substituted references to the Federal Court.