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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 11

Title: Repeal

State: Maharashtra

Year: 1985

The Bhopal Gas Trasadi (Jangam Sampatti Ke Vikrayon Ka Shoonya Ghoshit Kiya Jana) Adhyadesh, 1985 (No. 4 of 1985) is hereby repealed.

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

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

State: Maharashtra

Year: 1985

Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender

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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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