Bare Act Search Results

Calcutta Official Receivers Act, 1938 Complete Act

State: West Bengal

Year: 1938

.....of Official Receiver as receiver and his duties, rights and liabilities as such Subject to, and in accordance with, the provisions of this Act and of rules made thereunder but notwithstanding the provision of sub-section (2) of section 3, the Official Receiver may be appointed a receiver by the Court in respect of any property, and save as provided in this Act, he shall have the same powers, duties and liabilities, shall be entitled to the same rights and privileges and shall be subject to the same control by the Court as any other receiver so appointed. Section 5 Conditions of receivership (1) The Official Receiver shall not act as receiver in respect of any property except in accordance with the provisions of this Act and of rules made thereunder. (2) Notwithstanding anything contained in any other law, the Official Receiver (a) shall not be required by the Court to enter into any bond or security, and (b) shall always be a sole receiver, and it shall not be lawful to appoint him to be a receiver in respect of any property jointly with any other person. Section 6 Liability of State revenues in certain cases (1) The 44. Words subs. by W.B. Act 18 of 1959......

Provincial Insolvency Act, 1920 Section 57

Title: Power to Appoint Official Receivers

State: Central

Year: 1920

(1) The State Government may appoint such persons as it thinks fit (to be called "Official Receivers") to be receivers under this Act within such local limits as it may prescribe. (2) Where any Official Receiver has been so appointed for the local limits of the jurisdiction of any Court having jurisdiction under this Act, he shall be the receiver for the purpose of every order appointing a receiver or an interim receiver issued by any such Court, unless the Court for special reasons otherwise directs. (3) Any sum payable under clause (b) of sub-section (2) of section 56 in respect of the services of an Official Receiver shall be credited to such fund as the State Government may direct. (4) Every Official Receiver shall receive such remuneration out of the said fund or otherwise as the State Government may fix in this behalf, and no remuneration whatever beyond that so fixed shall be received by the Official Receiver as such.

Provincial Insolvency Act, 1920 Section 80

Title: Delegation of Powers to Official Receivers

State: Central

Year: 1920

(1) The High Court, with the like sanction, may from time to time direct that, in any matters in respect of which jurisdiction is given to the Court by this Act, the Official Receiver shall, subject to the directions of the Court, have all or any of the following powers, namely:--- {Cls.(a), (c) and (d) rep.by Act 39 of 1926, s.7} (b) to frame schedules and to admit or reject proofs of creditors; {Cls.(a), (c) and (d) rep.by Act 39 of 1926, s.7} (e) to make interim orders in any case of urgency; and (f) to hear and determine any unopposed or ex-parte application. (2) Subject to the appeal to the Court provided for by section 68, any order made or act done by the Official Receiver in the exercise of the said powers shall be deemed the order or act of the Court.

Official Trustees Act, 1913 Section 23

Title: Transfer of Government of Accumulations in the Hands of Official Trustee

State: Central

Year: 1913

When any moneys payable to a beneficiary under a trust have been in the hands of any Official Trustee for a period of twelve years or upwards whether before or after the commencement of this Act in consequence of the Official Trustee having been unable to trace the person entitled to receive the same, such money shall be transferred in the prescribed manner to the account and credit of the Government { The words "of India,, omitted by Act 21 of 1922, section4.}: Provided that no such moneys shall be so transferred if any suit or proceeding is pending in respect thereof in any Court.

Official Trustees Act, 1913 Part III

Title: Rights, Powers, Duties and Liabilities of Official Trustee

State: Central

Year: 1913

.....Trustee1[***] shall be required to verify otherwise than by his signature any petition presented by him under the provisions of this Act, and if the facts stated in any such petition are not within2[his personal knowledge] , the petition may be verified and subscribed by any person competent to make the verification. _________________________ 1. "or Deputy official Trustee" omitted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. 2. Substituted for "the official trustee's personal knowledge" by the Official Trustees (Amendment), Act, 1964, w.e.f 25-12-1964. Section 14 - Entry Official Trustee not to constitute notice of a trust The entry of the Official Trustee by that name in the books of a company shall not constitute notice of a trust; and a company shall not be entitled to object to enter the name of the Official Trustee on its register by reason only that the Official Trustee is a corporation; and, in dealing with property, the fact that the person dealt with is the Official Trustee shall not of itself constitute notice of a trust.{ For s 14A, ins.for the former Province of Bengal, see the Official Trustees (Bengal Amendment) Act, 1941 (Ben.1 of.....

Official Trustees Act, 1913 Part II

Title: The Office of Official Trustee

State: Central

Year: 1913

.....privileges and be subject to the same liabilities as the Official Trustee. 2["(2) No person shall be appointed as a Deputy unless he has been for at least three years- (a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State.". ] ________________________ 1. Section 5 renumbered as sub-section (1) thereof by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. 2. Inserted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. Section 6 - Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name The Official Trustee shall be a corporation sole by the name of the Official Trustee of the { Subs by the A O; 1950 for " Division " which had been subs.by the A.O.1937 for "Presidency}[ State] for which he is appointed and, as such Official Trustee shall, have perpetual succession and an official seal, and may sue and be sued in his corporate name.

Official Trustees Act, 1913 Complete Act

Title: Official Trustees Act, 1913

State: Central

Year: 1913

.....etc., how paid Section22 - Right of beneficiary to inspection and copies of accounts Part VI Section23 - Transfer of Government of accumulations in the hands of Official Trustee Section24 - Mode of proceeding by claimant to recover money so transferred Section25 - Power of High Court to make orders in respect of property vested in Official Trustee Section26 - Who may apply for order under Act Section27 - Order of Court to have effect of a decree Section28 - General power of administration Section29 - Transfer of trust property by Official Trustee to original trustee or any other trustee Section30 - Rules Section31 - Division of Presidency into Provinces Section32 - Saving of provisions of Indian Registration Act, 1908 Section32A - Saving Section32B - Special provision regarding certain Official trustees affected by States' reorganisation Section33 - [Repeals] Amending Act1 - OFFICIAL TRUSTEES (AMENDMENT) ACT, 1964

Official Languages Act, 1963 Section 3

Title: Continuance of English Language for Official Purposes of the Union and for Use in Parliament

State: Central

Year: 1963

..... (3) Notwithstanding anything contained in sub-section (1), both Hindi and the English language shall be used for -- (i) resolutions, general orders, rules, notifications, administrative or other reports or press communiques issued or made by the Central Government or by a Ministry, Department or office thereof or by a corporation or company owned or controlled by the Central Government or by any office of such corporation or company; (ii) administrative and other reports and official papers laid before a House or the Houses of Parliament; (iii) contracts and agreements executed, and licences, permits, notices and forms of tender issued, by or on behalf of the Central Government or any Ministry, Department or office thereof or by a corporation or company owned or controlled by the Central Government or by any office of such corporation or company. (4) Without prejudice to the provisions of sub-section (1) or sub-section (2) or sub-section (3), the Central Government may, by rules made under Section 8, provide for the language or languages to be used for the official purpose of the Union, including the working of any Ministry, Department, section or office, and in.....

Official Trustees Act, 1913 Section 7

Title: General Power and Duties of Official Trustee

State: Central

Year: 1913

.....the Court as any other trustee acting in the same (3) The Official Trustee may decline, either absolutely or except on such conditions as he may impose, to accept any trust. (4) The Official Trustee shall not accept any trust under any composition or scheme of arrangement for the benefit of creditors.nor of any estate known or believed by him to be insolvent. (5) The Official Trustee shall not, save as provided by any rules made under this Act, accept any trust for a religious purpose or any trust which involves the management or carrying on of any business. (6) The Official Trustee shall not administer the estate of a deceased person, unless he is expressly appointed sole executor of, and sole trustee under, the will of such person. (7) The Official Trustee shall always be sole trustee, and it shall not be lawful to appoint the Official Trustee to be trustee along with any other person.

Official Trustees Act, 1913 Amending Act 1

Title: Official Trustees (Amendment) Act, 1964

State: Central

Year: 1913

.....section (1) of section 12 of the principal Act, for the word "infant", the word "minor" shall be substituted. 9.Amendment of section 13.- In sub-section section (2) of section 13 of the principal Act,- (a) the words "or Deputy Official Trustee" shall be omitted; (b) for the words "the Official Trustee's personal knowledge", the words "his personal knowledge" shall be substituted. 10.Amendment of section 15.- In section 15 of the principal Act, the words "revenues of the ", wherever they occur, shall be omitted. 11.Amendment of section 17.- In section 17 of the principal Act,- (a) the proviso to sub-section (1) shall be omitted. (b) in sub-section (2), the words "the revenues of" shall be omitted. 12.Amendment of section 19.- In section 19 of the principal Act, for clause (a) of sub-section (2), the following clause shall be substituted , namely :- " (a) whether the accounts have been audited in the prescribed manner, and whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be contained therein;". 13.Amendment of section 25.- In section 25 of the principal Act, for the word.....