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Maharashtra Bare Acts 1985

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Maharashtra Abolition of Subsisting Proprietary Rights to Mines and Minerals in Certain Lands Act, 1985 Complete Act

State : Maharashtra

Year : 1985

.....the validity of anything previously done or omitted to be done under that rule. SECTION 15: REPEAL OF CERTAIN ENACTMENTS On and from the date of commencement of this Act, section 9 of the Bombay Personal Inams Abolition Act. 1952. (Bom. XLII of 1953), section 10 of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, (Bom. XXXIX of 1954), section 13 of the Bombay Merged Territories Miscellaneous Alienation's Abolition Act, 1955 (Bom. XXII of 1955) and section 9 of the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Mah. XLIV of 1969, and corresponding provision in any such law for the time being in force, shall stand repealed. SECTION 16: POWER TO REMOVE DIFFICULTY If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by order do anything, not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. Maharashtra State Acts

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The Maharashtra Sales Tax on the Transfer of the Right to Use Any Goods for Any Purpose Act, 1985 Complete Act

State : Maharashtra

Year : 1985

.....assessment, re-assessment, collection or enforcement of payment as if the tax payable under this Act were the tax payable under the Bombay Sales Tax Act. SECTION 08A: 2[CERTAIN SALES NOT TO BE LIABLE TO TAX - Nothing in this Act or the rules made there under shall be deemed to impose or otherwise the imposition of a tax on any sale of any goods, where such sale takes place. (a) (i) outside the state; or (ii) in the course of import of the goods into the territory of India or the export of the goods out of such territory; or (b) in the course of inter-State trade or Commerce; and the provisions of this Act or-the said rules shall be real and construed accordingly. CHAPTER V-MISCELLANEOUS AND RULES SECTION 09: POWER OF STATE GOVERNMENT TO AMEND SCHEDULE " The State Government may, from time to time, by notification in the Official Gazette, amend the Schedule by inserting any entry in respect of the transfer of right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration, and thereupon, the Schedule shall stand amended accordingly for the purpose of levy of tax under this Act. 1. These words were inserted.....

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Preamble

Title : the Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985

State : Maharashtra

Year : 1985

THE BHOPAL GAS TRASADI (JANGAM SAMPATTI KE VIKRAYON KA SHOONYA GHOSHIT KIYA JANA) ADHINIYAM, 19851 [Act No. 8 of 1985] [01st May, 1985] PREAMBLE An Act to declare certain transactions of sale of movable property entered into by certain persons under panic caused by leakage of injurious gas from Union Carbide Factory, Bhopal to be void. Be it enacted by the Madhya Pradesh Legislature in the Thirty-sixth Year of the Republic of India as follows : _______________________ 1. Received the assent of the President on the 1st May, 1985; assent first published in the Madhya Pradesh Gazette" (Extraordinary) dated the 3rd May, 1985.

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Section 1

Title : Short Title and Commencement

State : Maharashtra

Year : 1985

(1) This Act may be called The Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985. (2) It shall be deemed to have come into force on the 24th day of January, 1985.

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Section 2

Title : Definition

State : Maharashtra

Year : 1985

In this Act unless the context otherwise requires,-- "Affected area" means the area comprised within the limits of Municipal Corporation, Bhopal.

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Section 3

Title : Application to Declare Transaction of Sale to Be Void

State : Maharashtra

Year : 1985

(1) Any person residing in the affected area who has under panic caused by leakage of injurious gas from Union Carbide Factory, Bhopal sold any of his movable property during the period 3rd December, 1984 to 24th December; 1984 to any person may apply to the competent authority to be appointed by the State Government which should not be below the rank of Collector for declaring the transaction of sale to be void. (2) Every application under sub-section (1) shall contain the following particulars, namely-- (i) name of the seller with address; (ii) name of the purchaser with address; (iii) details of movable property sold; (iv) consideration received; (v) date and place of sale; and (vi) such other particulars as may be required. (3) The statements in the application shall be verified by the applicant in the manner required by law for the verification of plaints.

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Section 4

Title : Enquiry by Competent Authority

State : Maharashtra

Year : 1985

(1) The competent authority may on receipt of an application under Section 3 make such preliminary enquiry as it may in the circumstances of the case deem fit to ascertain whether the transaction of sale is of the nature specified in Section 3 and on being satisfied that Section 3 applies to such transaction, it shall after recording its opinion therefor, proceed to conduct an enquiry into such transaction in the manner hereinafter provided. (2) The competent authority shall by a notice served on the parties to the transaction of sale call upon them to place all relevant facts and documents before it at such place, on such date and at such time as may be specified in the notice. (3) The Competent Authority shall at the place and at the date and time specified in the notice afford an opportunity to the parties of being heard in person and may, if necessary, examine all of the parties interested in the sale to elucidate information relevant to the sale.

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Section 5

Title : Setting Aside Sale and Return of Movable Property or Affording Other Relief

State : Maharashtra

Year : 1985

.....other consequential orders as may be necessary. (2) Where the purchaser fails to return the property or for any reason to be recorded in writing it is not possible to return the property to the seller, the competent authority shall fix the price of such property according to the market value of such property prevalent on the date of sale and order the purchaser to pay the difference, if any, between the price so fixed and the amount of consideration actually paid to the seller within a period of fifteen days. (3) If the purchaser fails to pay the difference of price ordered to be paid under sub-section (2) within the period specified therein the same shall be recoverable as an arrear of land revenue and the amount so recovered shall be paid to the seller.

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Section 6

Title : Penalty

State : Maharashtra

Year : 1985

Whoever contravenes the provisions of Section 5 shall, without prejudice to any action that may be taken by the competent authority under sub-section (3) of Section 5, be punishable with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.

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Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhiniyam, 1985, (Maharashtra) Section 7

Title : Appeal

State : Maharashtra

Year : 1985

Any person aggrieved by an order of the competent authority under Section 5, may within a period of thirty days of passing of such order, appeal to such authority as may be appointed by the State Government in this behalf, in such form and manner and accompanied by such fee as may be prescribed : Provided that in computing the period aforesaid, time requisite for obtaining the copy of the order appealed against shall be excluded.

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