Bare Act Search Results

The Kerala Torts (Miscellaneous Provisions) Act, 1976 [1] Complete Act

State: Kerala

Year: 1976

.....for the damage: Provided that - (a) this sub-section shall not operate to defeat any defence arising under a contract; (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this sub-section shall not exceed the maximum limit so applicable. (2) Where damages are recoverable by any person by virtue of subsection (1), subject to any reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault. (3) Section 7 shall apply in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of sub-section (1) in respect of the damage suffered by any person. (4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under Part II of this Act, the damages recoverable would be reduced under sub-section (1), and damages recoverable in an action brought for the benefit of the dependants of that person under.....

Indira Gandhi National Open University Act, 1985 Schedule II

Title: Second Schedule

State: Central

Year: 1985

.....of the two Schemes set out in Appendices A and B and he shall have for the purpose of these schemes the benefit of the service rendered under contract, if the retirement benefits under the contract terms are paid back by him to the University. 6(a) Transfer of employees from Central Government, Central University or Autonomous Bodies of Central Government. Where an employee of Central Government Central University/Autonomous Body of Central Government including a statutory body is permanently absorbed in the University, such of the past services rendered by him as would have counted for retirement benefits in that Government Organisation shall count for retirement benefits payable by the University subject to the following: (a) The transfer is with the consent of the parent Government/Organisation and is in public interest. (b) The employee has not opted to receive pro-rata retirement benefits from the parent Government/Organisation. (c) The Central Government/Autonomous Bodies of Central Government including a statutory body, discharges its pension liability, paying in lump sum, by a one time payment, the pro-rata pension service gratuity/terminal gratuity and.....

Indira Gandhi National Open University Act, 1985 Complete Act

State: Central

Year: 1985

.....in the Gazette of India. SECTION 30: CONDITIONS OF SERVICE OF EMPLOYEES (1) Every employee of the University shall be appointed-under a written contract and such contract shall not be inconsistent with .the provisions of this Act, the Statutes and the Ordinances. (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned. SECTION 31: TRIBUNAL OF ARBITRATION (1) Any dispute arising out of a contract of employment referred to in S. 30 between the University and an employee shall, at the request of either party, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Board of Management, one member nominated by the employee concerned and an umpire to be nominated by the Visitor. (2) Every such reference shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940-, and all the provisions of that Act, with the exception of S. 2 thereof, shall apply accordingly. (3) The procedure for regulating the work of the Tribunal of Arbitration shall be prescribed by the Statutes. (4) The decision of the.....

Companies Act, 2013, Section 285

Title: Settlement of List of Contributories and Application of Assets

State: Central

Year: 2013

.....for the preceding one year or more before the commencement of the winding up; (b) a person who has been a member shall not be liable to contribute in respect of any debt or liability of the company contracted after he ceased to be a member; (c) no person who has been a member shall be liable to contribute unless it appears to the Tribunal that the present members are unable to satisfy the contributions required to be made by them in pursuance of this Act; (d) in the case of a company limited by shares, no contribution shall be required from any person, who is or has been a member exceeding the amount, if any, unpaid on the shares in respect of which he is liable as such member; (e) in the case of a company limited by guarantee, no contribution shall be required from any person, who is or has been a member exceeding the amount undertaken to be contributed by him to the assets of the company in the event of its being wound up but if the company has a share capital, such member shall be liable to contribute to the extent of any sum unpaid on any shares held by him as if the company were a company limited by shares.

Companies Act, 1956 Section 467

Title: Settlement of List of Contributories and Application of Assets

State: Central

Year: 1956

(1) As soon as may be after making a winding up order, the 1 [Tribunal] shall settle a list of contributories, with power to rectify the register of members in all cases where rectification is required in pursuance of this Act, and shall cause the assets of the company to be collected and applied in discharge of its liabilities: Provided that, where it appears to the 1 [Tribunal] that it will not be necessary to make calls on, or adjust the rights of, contributories, the 1 [Tribunal] may dispense with the settlement of a list of contributories. (2) In settling the list of contributories, the 1 [Tribunal] shall distinguish between those who are contributories in their own right and those who are contributories as being representatives of, or liable for the debts of, others. _____________________ 1. Substituted by Act 11 of 2003, Section 73, for "Court".

Companies Act, 1956 Section 430

Title: Contributories in Case of Death of Member

State: Central

Year: 1956

(1) If a contributory dies either before or after he has been placed on !he list of contributories, his legal representatives shall be liable in a due course of administration, to contribute to the assets of the company in discharge of his liability, and shall be contributories accordingly. (2) If the legal representatives make default in paying any money ordered to be paid by them, proceedings may be taken for administering the estate of the deceased contributory and compelling payment thereout of the money due. (3) For the purposes of this section, where the deceased contributory was a member of a Hindu joint family governed by the Mitakshara School of Hindu Law, his legal representatives shall be deemed to include the surviving coparceners.

Companies Act, 1956 Section 585

Title: Contributories in Winding Up of Unregistered Company

State: Central

Year: 1956

(1) In the event of an unregistered company being wound up, every person shall be deemed to be a contributory, who is liable to pay, or contribute to the payment of, (a) any debt or liability of the company; or (b) any sum for the adjustment of the rights of the members among themselves; or (c) the costs, charges and expenses of winding up the company. (2) Every contributory shall be liable to contribute to the assets of the company all sums due from him in respect of any liability to pay or contribute as aforesaid. (3) In the event of the death or insolvency of any contributory, the provisions of this Act with respect to the legal representatives of deceased contributories, or with respect to the assignees of insolvent Contributories, as the case may be, shall apply.

Banking Regulation Act, 1949 Section 45E

Title: Special Provisions to Make Calls on Contributories

State: Central

Year: 1949

Notwithstanding that the list of the contributories has not been settled under 1[section 467 of the Companies Act, 1956 (1 of 1956)], the High Court may, if it appears to it necessary or expedient so to do, at any time after making a winding up order, make a call on and order payment thereof by any contributory under sub-section (1) of 1[section 470 of the Companies Act, 1956 (1 of 1956)], if such contributory has been placed on the list of contributories by the official liquidator and has not appeared to dispute his liability. _________________________ 1. Substituted by Act 95 of 1956, Section 14 and Schedule, for "section 184 of the Indian Companies Act, 1913 (7 of 1913)" w.e.f. 14-1-1957.

Bombay Non-trading Corporations Act, 1959, (Maharashtra) Section 60

Title: Contributory and Nature of His Liability

State: Maharashtra

Year: 1959

(1) The term "contributory" means every person liable to contribute to the assets of a corporation in the event of its being wound up and includes the holder of any shares which are fully paid up; and for the purposes of all proceedings for determining, and all proceedings prior to the final determination of, the persons who are to be deemed contributories, includes any person alleged to be a contributory. (2) The liability of a contributory shall create a debt accruing due from him at the time when his liability commenced, but payable at the times specified in calls made on him for enforcing the liability.

Companies Act, 2013, Section 354

Title: Meetings to Ascertain Wishes of Creditors or Contributories

State: Central

Year: 2013

(1) In all matters relating to the winding up of a company, the Tribunal may-- (a) have regard to the wishes of creditors or contributories of the company, as proved to it by any sufficient evidence; (b) if it thinks fit for the purpose of ascertaining those wishes, direct meetings of the creditors or contributories to be called, held and conducted in such manner as the Tribunal may direct; and (c) appoint a person to act as chairman of any such meeting and to report the result thereof to the Tribunal. (2) While ascertaining the wishes of creditors under sub-section (1), regard shall be had to the value of each debt of the creditor. (3) While ascertaining the wishes of contributories under sub-section (1), regard shall be had to the number of votes which may be cast by each contributory.