The Industries (Development and Regulation) Act, 1951

(1) This Act may be called the Industries (Developmentand Regulation) Act, 1951. (2) It extends to the whole of India 1*** (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

It is hereby declared that it is expedientin the public interest that the Union should take under its control the industries specified in the FirstSchedule.

In this Act, unless the context otherwise requires,-- (a) "Advisory Council" means the Central Advisory Council established under section 5; 1[(aa) "ancillary industrial undertaking" means an industrial undertaking which, in accordancewith the proviso to sub-section (1) of section 11B and the requirements specified under thatsub-section, is entitled to be regarded as an ancillary industrial undertaking for the purposes of thisAct;] 2[3[(ab)] "current assets" means bank balances and cash and includes such other assets orreserves as are expected to be realised in cash or sold or consumed within a period of not more thantwelve months in the ordinary course of business, such as, stock-in-trade, amounts due from sundrydebtorsfor sale of goods and for services rendered, advance tax payments and bills receivable,butdoes not include sums credited to a provident fund, a pension fund, a gratuity fund or any otherfund for the welfare of the employees, maintained by a company owning an industrial undertaking; 3[(ac)]"current liabilities" means liabilities which must be met on demand or within a period oftwelve months from the date they are incurred; and includes any current liability which is suspendedunder section 18FB;] (b) "Development Council" means a Development Council established under section 6; 4[(bb) "existing industrial undertaking" means-- (a) in the case of an industrial undertaking pertaining to any of the industries specified in theFirst Schedule as originally enacted, an industrial undertaking which was in existence on thecommencement of this Act or for the establishment of which effective steps had been takenbefore such commencement, and (b) in the case of an industrial undertaking pertaining to any of the industries added tothe First Schedule by an amendment thereof, an industrial undertaking which is in existence onthe coming into force of such amendment or for the establishment of which effective steps hadbeen taken before the coming into force of such amendment;] (c) "factory" means any premises, including the precincts thereof, in any part of which amanufacturing process is being carried on or is ordinarily so carried on-- (i) with the aid of power, provided that fifty or more workers are working or were workingthereon on any day of the preceding twelve months; or (ii) without the aid of power, provided that one hundred or more workers are working orwere working thereon on any day of the preceding twelve months and provided further that in nopart of such premises any manufacturing process is being carried on with the aid of power; 5[(cc) "High Court" means the High Court having jurisdiction in relation to the place at which theregistered office of a company is situate;] (d) "industrial undertaking" means any undertaking pertaining to a scheduled industry carriedon in one or more factories by any person or authority including Government; 6[(dd) "new article", in relation to an industrial undertaking which is registered or in respect ofwhich a licence or permission has been issued under this Act, means-- (a) any article which falls under an item in the First Schedule other than the item under whicharticles ordinarily manufactured or produced in the industrial undertaking at the date ofregistration 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), orwhich is the subject of a patent, if at the date of registration or issue of the licence or permission, as thecase may be, the industrial undertaking was not manufacturing or producing such article bearingthat mark or which is the subject of that patent;] (e) "notified order" means an order notified in the Official Gazette; (f) "owner" in relation to an industrial undertaking means the person who, or the authoritywhich, has the ultimate control over the affairs of the undertaking, and, where the said affairs areentrusted to a manager, managing director or managing agent, such manager, managing director ormanaging agent shall be deemed to be the owner of the undertaking; (g) "prescribed" means prescribed by rules made under this Act; (h) "Schedule" means a Schedule to this Act; (i) "scheduled industry" means any of the industries specified in the First Schedule; 7[(j) "small scale industrial undertaking" means an industrial undertaking which, in accordancewith the requirements specified under sub-section (1) of section 11B, is entitled to be regarded as asmall scale industrial undertaking for the purposes of this Act;] 5[8[(k)] words and expressions used herein but not defined in this Act and defined in theCompanies Act, 1956 (1 of 1956), have the meanings respectively assigned to them in that Act.]

[Saving.]--Omitted by the Industries (Development and Regulation) Amendment Act, 1953 (26 of1953), s. 3 (w.e.f. 1-10-1953).

(1) For thepurpose of advising it on matters concerning the development and regulation of scheduled industries, theCentral Government may, by notified order, establish a Council to be called the Central AdvisoryCouncil. (2) The Advisory Council shall consist of a Chairman and such other members, not exceeding thirtyin number, all of whom shall be appointed by the Central Government from among persons who are in itsopinion capable of representing the interests of-- (a) owners of industrial undertakings in scheduled industries; (b) persons 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 CentralGovernment, ought to be represented on the Advisory Council. (3) The term of office of, the procedure to be followed in the discharge of their functions by, and themanner of filling casual vacancies among, members of the Advisory Council, shall be such as may beprescribed. (4) The Central Government shall consult the Advisory Council in regard to-- (a) the making of any rules, other than the first rules to be made under sub-section (3); 1* * * * * and may consult the Advisory Council in regard to any other matter connected with the administration ofthis Act in respect of which the Central Government may consider it necessary to obtain the advice of theAdvisory Council.