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PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 Section 3

Title: Discharge of President's functions in certain contingencies

State: Central

Year: 1969

..... (b) while discharging the functions of the President, is unable to discharge the functions of the President owing to absence, illness or any other cause, the Chief Justice of India or, in his absence, the seniormost Judge referred to in sub-section (1) shall discharge the said functions (i) in the case referred to in clause (a), until a new President elected as aforesaid enters upon his office or until the Vice-President acting as President resumes his duties, whichever is earlier; (ii) in the case referred to in clause (b), until the President resumes his duties, or the Vice-President resumes his duties, whichever is earlier. (4) The person discharging the functions of the President under this section shall, during, and in respect of the period while he is so discharging the said functions, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

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President (Discharge of Functions) Act, 1969 Preamble 1

Title: President (Discharge of Functions) Act, 1969

State: Central

Year: 1969

THE PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 [Act, No. 16 of 1969] [28th May, 1969] PREAMBLE An Act to provide for the discharge of the functions of the President in certain contingencies. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :

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President (Discharge of Functions) Act, 1969 Complete Act

Title: President (Discharge of Functions) Act, 1969

State: Central

Year: 1969

Preamble1 - PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 Section1 - Short title Section2 - Definitions Section3 - Discharge of President's functions in certain contingencies

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Provincial Insolvency Act, 1920 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1920

.....under the provisions of any law referred to in clause (b) on the date of the application.] Explanation - For the purposes of this section the act of an agent may be the act of the principal.] ______________________ 1. Section 6 renumbered as subsection (1) by the Insolvency Laws (Amendment ) Act w.e.f 1-9-79. Prior to Amendment Section 6 Stood as follows "[Acts of insolvency.- A debtor commits an act of insolvency in each of the following cases, namely:- (a) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes a transfer of all or substantially all his property to a third person for the benefit of his creditors generally; (b) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes a transfer of his property or of any part thereof with intent to defeat or delay his creditors; (c) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes any transfer of his property, or of any part thereof, which would, under this or any other enactment for the time being in force, be void as a fraudulent preference if he were adjudged an insolvent; (d) if, with intent to defeat or.....

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Presidency-towns Insolvency Act, 1909 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1909

.....Insolvency and the Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom.15 of 1939), s.2} Explanation.For the purposes of this section, the act of an agent may be the act of the principal, even though the agent have no specific authority to commit the act.{For s.9A, applicable to Bombay only, see s.2, ibid.} Section 10 - Power to adjudicate Subject to the conditions specified in this Act, if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, and the Court may on such petition make an order (hereinafter called an order of adjudication) adjudging him an insolvent. Explanation.The presentation of a petition by the debtor shall be deemed an act of insolvency within the meaning of this section, and on such petition the Court may make an order of adjudication. Section 11 - Restrictions on jurisdiction The Court shall not have jurisdiction to make an order of adjudication, unless (a) the debtor is, at the time of the presentation of the insolvency petition, imprisoned in execution of the decree of a Court for the payment of money in any prison to which debtors are ordinarily committed by the Court in.....

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Provincial Insolvency Act, 1920 Section 41

Title: Discharge

State: Central

Year: 1920

(1) A debtor may, at any time after the order of adjudication and shall, within the period specified by the Court, apply to the Court for an order of discharge, and the Court shall fix a day, notice whereof shall be given in such manner as may be prescribed, for hearing such application, and any objections which may be made thereto. (2) Subject to the provisions of this section, the Court may, after considering the objections of any creditor and, where a receiver has been appointed, the report of the receiver (a) grant or refuse an absolute order of discharge; or (b) suspend the operation of the order for a specified time; or (c) grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the insolvent, or with respect to his after acquired property.

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President (Discharge of Functions) Act, 1969 Complete Act

State: Central

Year: 1969

.....in the Twentieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE This Act may be called The President (Discharge of Functions) Act, 1969. SECTION 02: DEFINITIONS In this Act "President", "Vice-President" and "Second Schedule" shall mean the President of India, the Vice-President of India and the Second Schedule to the Constitution, respectively. SECTION 03: DISCHARGE OF PRESIDENT'S FUNCTIONS IN CERTAIN CONTINGENCIES (1) In the event of the occurrence of vacancies in the offices of both the President and the Vice-President, by reason in each case of death, resignation or removal, or otherwise, the Chief Justice of India or in his absence, the senior most Judge of the Supreme Court of India available shall discharge the functions of the President until a new President elected in accordance with the provisions of the Constitution to fill the vacancy in the office of the President enters upon his office or a new Vice-President so elected begins to act as President under Article 65 of the Constitution, whichever is earlier. (2) When the Vice -President, while discharging the functions of the President, dies, resigns, or is removed or otherwise ceases to hold.....

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Companies Act, 1956 Section 101

Title: Application to Court for Confirming Order, Objections Bycreditors, and Settlement of List of Objecting Creditors

State: Central

Year: 1956

.....if the amount is contingent or not ascertained, then, an amount fixed by the1[Tribunal] after the like inquiry and adjudication as if the company were being wound up by the1[Tribunal] . (3) Where a proposed reduction of share capital involves either the diminution of any liability in respect of unpaid share capital or the payment to any shareholder of any paid-up share capital, the1[Tribunal] may, if, having regard to any special circumstances of the case, it thinks proper so to do, direct that the provisions of sub-section (2) shall not apply as regards any class or any classes of creditors. ________________________ 1. Substituted by Act 11 of 2003, Section 14, for "Court".

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Press Council Act, 1978 Section 13

Title: Objects and Functions of the Council

State: Central

Year: 1978

.....newspapers, including those brought out by any embassy or other representatives in India of a foreign State, their circulation and impact. Explanation.--For the purpose of this clause, the expression "foreign State" has the meaning assigned to it in section 87A of the Code of Civil Procedure, 1908 (5 of 1908); (h) to promote a proper functional relationship among sell classes of persons engaged in the production or publication of newspapers or in news agencies: Provided that nothing in this clause shall be deemed to confer on the Council any functions in regard to disputes to which the Industrial Disputes Act, 1947(14 of 1947) applies; (i) to concern itself developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press; (j) to undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government; (k) to do such other acts as may be incidental or conductive to the discharge of the above functions.

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Code of Civil Procedure, 1908 Rule 58 to 63

Title: Adjudication of Claims and Objections

State: Central

Year: 1908

.....; or (d) pass such order as in the circumstances of the case it deems fit. (4) Where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree. (5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (1), refuses to entertain it, the party against whom such order is made may institute a suit to establish the right which he claims to the property in dispute ; but, subject to the result of such suit, if any, an order so refusing to entertain the claim or objection shall be conclusive.] 2 [59. Stay of sale Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may-- (a) if the property is movable, make an order postponing the sale pending the adjudication of the claim or objection, or (b) if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be.....

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