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Start Free TrialFinance Act 1997 Chapter III
Title: Direct Taxes
State: Central
Year: 1997
.....of a recognised stock exchange" means the membership of a stock exchange in India which is recognised under the provisions of the Securities Contract (Regulation) Act, 1956 (42 of 1956); (xii) any transfer of a capital asset, being land of sick industrial company, made under a scheme prepared and sanctioned under section 18 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), where such sick industrial company is being managed by its workers' co-operative : Provided that such transfer is made during the period commencing from the previous year in which the said company has become a sick industrial company under sub-section (1) of section 17 of that Act and ending with the previous year during which the entire net worth of such company becomes equal to or exceeds the accumulated losses. Explanation. - For the purposes of this clause, "net worth" shall have the meaning assigned to it in clause (ga) of sub-section (1) of section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).'. Section 17 - Amendment Of Section 47A Section 47A of the Income-tax Act shall be renumbered as sub-section (1) thereof and after sub-section.....
View Complete Act List Judgments citing this sectionNational Environment Appellate Authority Act, 1997 Complete Act
State: Central
Year: 1997
.....Vice-Chairperson and the Members shall be such as may be prescribed by the Central Government. SECTION 10: VACANCY IN AUTHORITY NOT TO INVALIDATE ACTS OR PROCEEDINGS No act or proceedings of the Authority shall be questioned or shall be invalid merely on the ground of existence of any vacancy or defect in the establishment of the Authority. SECTION 11: APPEALS TO AUTHORITY (1) Any person aggrieved by an order granting environmental clearance in the areas in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards may, within thirty days from the date of such order, prefer an appeal to the Authority in such form as may be prescribed: Provided that the Authority may entertain any appeal after the expiry of the said period of thirty days but not after ninety days from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) For the purposes of sub-section (1), "person" means- (a) any person who is likely to be affected by the grant of environmental clearance: (b) any person who owns or has.....
List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 14
Title: Pattern of Temple Servants to Be Determined by Rules
State: Karnataka
Year: 1997
The State Government may in consultation with the committee of management make rules prescribing a pattern of temple servants for any class of temples, so however that the existing strength in any temple, immediately before the commencement of this Act, is not altered except by way of superannuation or dismissal for misconduct.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 16
Title: Mis-conduct and Penalty
State: Karnataka
Year: 1997
(1) The Committee of management shall be competent to initiate action and hold enquiry for misconduct, either suo-moto or on complaint received against an archaka, including an Agamika, Tanthri or Pradhana Archaka and against the temple servants and to impose appropriate penalty for proven misconduct. No order imposing any penalty under this section shall be made except after giving such person a reasonable opportunity of being heard against the charge. (2) An appeal shall lie to the Commissioner against every order imposing penalty under this section. Such appeal shall be made within thirty days from the date of the order imposing the penalty.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter VIII
Title: Declared Institutions
State: Karnataka
Year: 1997
.....the total period shall not exceed five years from the date of the first notification, or till a new Committee of Management is formed to the satisfaction of the State Government whichever is earlier. (9) Where a new Committee is formed to the satisfaction of the State Government, the State Government may on its own or on the report of the Commissioner direct the Executive Officer appointed for the institution to handover the management of the Institution to the new committee of management. Section 44 - Effect of Declaration Where any Hindu Religious Institution is declared under section 42, the Committee of Management of the Institution by whatever name called shall from the date of such declaration stand dissolved and its administration shall vest in the State Government to be regulated in the manner hereinafter provided. Section 45 - Appointment of Salaried Executive Officer For every Institution declared under this Chapter, the Commissioner shall, as soon as may be after the declaration is issued appoint a salaried Executive Officer for the proper administration of the Institution. Section 46 - Term of office and duties of Executive Officer (1) The Executive.....
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 48
Title: Application of the Provisions of Chapters Vi and Vii in Certain Cases
State: Karnataka
Year: 1997
Notwithstanding anything contained in sub-section (8) of section 43, the State Government may while passing orders under sub-section (7) or during currency of the notification issued under sub-section (5) or (7) thereof declare, for reasons to be recorded in writing, that in respect of any Declared Institution, the provisions of Chapter VI and VII shall apply as if the institution is a notified institution under section 23: Provided that no such declaration shall be made except after further notice is issued for the purpose, to the Institution concerned.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter IX
Title: Powers and Functions of Commissioner and Other Officers
State: Karnataka
Year: 1997
.....of Budget accounts, report or return, or (b) wilfully disobeys and lawful orders issued by the Commissioner under the provisions of this Act or rules made thereunder, or (c) continuously neglects his duty or commits any malfeasance or misfeasance or breach of trust in respect of a Notified Institution, or (d) misappropriates or deals improperly with the properties of the Notified Institution of which he is the Chairman, Manager or other person concerned with the management of the Institution. (e) accepts any position in relation to the Notified Institution which is inconsistent with his position as a Chairman, Manager or such other person, or (f) is convicted of an offence involving moral turpitude. (2) Where the Commissioner proposes to take action under sub-section (1), he shall frame charges against the person against whom action is proposed to be taken and give him an opportunity of meeting such charges or testing the evidence adduced against him and of adducing evidence in his favour. The order of removal or dismissal shall state the charges framed against the person, his explanation and the finding on each charge with reasons thereof. (3) Pending.....
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 51
Title: Power to Take Action for Protection of Property
State: Karnataka
Year: 1997
.....interim order to prevent the illegal removal or alienation of such property, on such terms as he thinks fit, for keeping of accounts, furnishing security, production of property or such other Act. (2) The Commissioner shall in all such cases, except where it appears that the object of passing the interim order would be defeated or delayed, give notice of the facts brought to his notice to the person concerned before passing the order. (3) After hearing the Chairman, Manager, Executive Officer or other person concerned and after holding such enquiry as he thinks fit, the Commissioner may confirm, discharge, vary or set aside the interim order or pass any other appropriate order. (4) In case of disobedience or breach of the terms of any order passed under this section, the Commissioner may apply to the Court for an appropriate order to prevent the illegal removal or alienation of the property belonging to the Notified Institution or Delcared Institution.
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Chapter XI
Title: Miscellaneous
State: Karnataka
Year: 1997
.....for removing the difficulty. (3) The provisions made by any notification under sub-section (1) or sub-section (2) shall have effect as if enacted in this Act and any such notification may be made so as to be retrospective to any date not earlier than the appointed day. Section 78 - Repeal and Savings (1) The following enactments, namely:- (a) The Religious Endowments Act, 1863 (Central Act XX of 1863); (b) The Charitable Endowments Act, 1890 (Central Act VI of 1890); (c) The Charitable and Religious Trusts Act, 1920 (Central Act No. XIV of 1920); shall not apply to the Charitable Endowments and Hindu Religious Institutions governed under this Act. (2) The following enactments namely:- (a) The Bombay Public Trust Act, 1950 (Bombay Act No. XXIX of 1950); (b) The Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951); (c) The Coorg Temple Funds Management Regulation, 1892 (Regulation IV of 1892). (d) the Mysore Religious and Charitable Institutions Act, 1927 (Mysore Act VII of 1927); and (e) the Hyderabad Endowment Regulations, 1349F; (f) The Renuka Yellamma Devasthana (Administration) Act, 1974 (Karnataka Act 34 of.....
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 71
Title: Costs and Expenses Incurred on Legal Proceedings by the Commissioner, Etc.
State: Karnataka
Year: 1997
All costs, charges and expenses incurred by the Commissioner or the Deputy Commissioner or Assistant Commissioner as a party to, or in connection with legal proceedings under this Act in respect of any Hindu Religious institution or Charitable Endowment shall, be payable out of the property or funds of such institution, except in case where the liability to pay the sum has been laid on any party or other person personally and the right to reimbursement under this section has been negated in express terms.
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