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Displaced Persons (Debts Adjustment) Act, 1951 Complete Act

Title: Displaced Persons (Debts Adjustment) Act, 1951

State: Central

Year: 1951

.....(DEBTS ADJUSTMENT) ACT, 1951 Chapter I Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Over-riding effect of Act, rules and orders Section4 - Tribunals competent to exercise jurisdiction under this Act Chapter II Section5 - Application by displaced debtors for adjustment of debts Section6 - Rejection of application in certain cases Section7 - Issue of notice Section8 - Objection by respondents Section9 - Proceeding after service of notice on respondents Section10 - Claims by creditors against displaced debtors Section11 - Procedure on creditors petition Section12 - Objection by creditor to schedule of assets Section13 - Claims by displaced creditors against persons who are not displaced debtors Section14 - Procedure on displaced creditor's petition Section15 - Consequences of application by displaced debtor Section16 - Debts secured on immovable property Section17 - Debts secured on movable property Section18 - Claim against insurance companies Section19 - Calls on shares in companies Section20 - No calls to be made on displaced person or bank when company or co-operative society is in liquidation Section21 - Power to.....

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Displaced Persons Debts Adjustment Act, 1951 Complete Act

Title: Displaced Persons Debts Adjustment Act, 1951

State: Central

Year: 1951

.....DEBT ADJUSTMENT ACT, 1951 Chapter I Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Over-riding effect of Act, rules and orders Section4 - Tribunals competent to exercise jurisdiction under this Act Chapter II Section5 - Application by displaced debtors for adjustment of debts Section6 - Rejection of application in certain cases Section7 - Issue of notice Section8 - Objection by respondents Section9 - Proceeding after service of notice on respondents Section10 - Claims by creditors against displaced debtors Section11 - Procedure on creditors petition Section12 - Objection by creditor to schedule of assets Section13 - Claims by displaced creditors against persons who are not displaced debtors Section14 - Procedure on displaced creditor's petition Section15 - Consequences of application by displaced debtor Section16 - Debts secured on immovable property Section17 - Debts secured on movable property Section18 - Claim against insurance companies Section19 - Calls on shares in companies Section20 - No calls to be made on displaced person or bank when company or co-operative society is in liquidation Section21 - Power to.....

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Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Complete Act

Title: Recovery of Debts Due to Banks and Financial Institutions Act, 1993

State: Central

Year: 1993

.....Tribunal Section23 - Right to legal representation and Presenting Officers Section24 - Limitation Chapter 5 Section25 - Modes of recovery of debts Section26 - Validity of certificate and amendment thereof Section27 - Stay of proceedings under certificate and amendment or withdrawal thereof Section28 - Other modes of recovery Section29 - Application of certain provisions of Income-tax Act Section30 - Appeal against the order of Recovery Officer Chapter 6 Section31 - Transfer of pending cases Section31A - Power of Tribunal to issue certificate of recovery in case of decree or order Section32 - Chairperson, Presiding Officer and staff of Appellate Tribunal and Tribunal to be public servants Section33 - Protection of action taken in good faith Section34 - Act to have over-riding effect Section35 - Power to remove difficulties Section36 - Power to make rules Section37 - Repeal and saving Amending Act1 - AMENDMENT ACT

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Debt Relief Act, 1976 Section 8

Title: Certain Debts and Liabilities Not to Beaffected

State: Karnataka

Year: 1976

Nothing in this Act shall affect the following categories of debts and liabilities of small farmers, landless agricultural labourers and weaker sections of the people, namely:-- (a) any rent due in respect of any property let out to such debtor; (b) any amount due under a hire purchase agreement; (c) any amount recoverable as arrears of land revenue; (d) any liability arising out of breach of trust or any tortuous liability; (e) any liability in respect of wages or remuneration due as salary or otherwise for services rendered; (f) any liability in respect of maintenance whether under a decree of a court or otherwise; (g) a debt due to,-- (i) the Central Government or any State Government; (ii) any local authority; (iii) a credit agency as defined in the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974 (Karnataka Act No. 2 of 1975); (iv) any Government company within the meaning of the Companies Act, 1956; (v) the Life Insurance Corporation of India; (vi) a Co-operative Society; and (h) any debt which represents the price of goods purchased by such debtor.

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National Service Act, 1972 Complete Act

Title: National Service Act, 1972

State: Central

Year: 1972

.....Section24 - Preservation of certain rights of qualified persons required to render national service Chapter VI Section25 - False statement and forgery Section26 - General provision as to offences Section27 - Offences by companies Chapter VII Section28 - Information to be furnished by Universities, etc Section29 - Information to be furnished by District Magistrate Section30 - Priority of debts Section31 - Summary trial of offences Section32 - Jurisdiction to try offences Section33 - Protection of action taken in good faith Section34 - Removal of difficulties Section35 - Powers to delegate Section36 - Rules Section37 - Power to make regulations Section38 - Rules and regulations to be laid before Parliament

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Displaced Persons (Debts Adjustment) Act, 1951 Section 16

Title: Debts Secured on Immovable Property

State: Central

Year: 1951

.....creditor. (2) If the creditor elects to retain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a declaration of the amount due under his debt. (3) Where in any case, the creditor elects to retain his security if the displaced debtor receives any compensation in respect of any such property as is referred to in sub-section (1), the creditor shall be entitled-- (a) where the compensation is paid in cash, to a first charge thereon: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the compensation paid in respect of the property bears to the value of the verified claim in respect thereof and to that extent the debt shall be deemed to have been reduced; (b) where the compensation is by way of exchange or property, to a first charge on the property situate in India so received by way of exchange: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the value of the property.....

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Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Chapter 5

Title: Recovery of Debt Determined by Tribunal

State: Central

Year: 1993

.....as if the said provisions and the rules referred to the amount of debt due under this Act instead of to the Income-tax: Provided that any reference under the said provisions and the rules to the "assessee" shall be construed as a reference to the defendant under this Act. Section 30 - Appeal against the order of Recovery Officer 1[30. Appeal against the order of Recovery Officer (1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal. (2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under sections 25 to 28 (both inclusive).] ________________________ 1. Substituted by Act 1 of 2000, section 12, for section 30 (w.r.e.f. 17-1-2000).

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Displaced Persons Debts Adjustment Act, 1951 Section 16

Title: Debts Secured on Immovable Property

State: Central

Year: 1951

.....creditor. (2) If the creditor elects to retain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a declaration of the amount due under his debt. (3) Where in any case, the creditor elects to retain his security if the displaced debtor receives any compensation in respect of any such property as is referred to in sub-section (1), the creditor shall be entitled-- (a) where the compensation is paid in cash, to a first charge thereon: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the compensation paid in respect of the property bears to the value of the verified claim in respect thereof and to that extent the debt shall be deemed to have been reduced; (b) where the compensation is by way of exchange or property, to a first charge on the property situate in India so received by way of exchange: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the value of the property.....

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Displaced Persons (Debts Adjustment) Act, 1951 Section 22

Title: Apportionment of Joint Debts

State: Central

Year: 1951

.....the debtor became a displaced person, and the value of the immovable property shall be deemed to be the value of the verified claim in respect thereof; (g) where the relationship between the joint debtors is that of principal and surety, nothing contained in this Act shall prevent the institution of a suit for the recovery of the debt against the surety but no decree shall be passed in such suit for an amount in excess of the amount decreed or which can be decreed against the principal debtor in accordance with the provisions of this Act: Provided that the total amount which may be recovered from the principal debtor and the surety shall not exceed the amount decreed or which can be decreed by the Tribunal against the principal debtor in accordance with the provisions of this Act.

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Displaced Persons Debts Adjustment Act, 1951 Section 22

Title: Apportionment of Joint Debts

State: Central

Year: 1951

.....the debtor became a displaced person, and the value of the immovable property shall be deemed to be the value of the verified claim in respect thereof; (g) where the relationship between the joint debtors is that of principal and surety, nothing contained in this Act shall prevent the institution of a suit for the recovery of the debt against the surety but no decree shall be passed in such suit for an amount in excess of the amount decreed or which can be decreed against the principal debtor in accordance with the provisions of this Act: Provided that the total amount which may be recovered from the principal debtor and the surety shall not exceed the amount decreed or which can be decreed by the Tribunal against the principal debtor in accordance with the provisions of this Act.

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