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Karnataka Public Moneys (Recovery of Dues) Act, 1979 Complete Act

Title: Karnataka Public Moneys (Recovery of Dues) Act, 1979

State: Karnataka

Year: 1979

Preamble 1 - KARNATAKA PUBLIC MONEYS (RECOVERY OF DUES) ACT, 1979 Section 1 - Short title and commencement Section 2 - Definitions Section 3 - Recovery of certain dues as arrears of land revenue Section 4 - Savings Section 5 - Power to make rules Section 6 - Repeal and validation, etc.

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Preamble 1

Title: Karnataka Public Moneys (Recovery of Dues) Act, 1979

State: Karnataka

Year: 1979

THE KARNATAKA PUBLIC MONEYS (RECOVERY OF DUES) ACT, 1979 [Act, No. 16 of 1980] [18th April, 1980] PREAMBLE An Act to provide for the speedy recovery of certain classes of dues. WHEREAS it is expedient to provide for the speedy recovery of certain classes of dues; BE it enacted by the Karnataka State Legislature in the Thirty first Year of the Republic of India as follows:-

The Kerala Public Services (Amendment) Act, 1979 [1] Complete Act

State: Kerala

Year: 1979

.....Kerala Public Service (Amendment) Act, 1979. (2) It shall be deemed to have come into force on the 3 rd day of July, 1979. 2 . Substitution of new section for section 1 .- For section 1 of the Kerala Public Services Act, 1968 (19 of 1968) (hereinafter referred to as the principal Act), the following section shall be, and shall be deemed always to have been, substituted, namely:- "(1) Short title and commencement ,- (1) This Act may be called the Kerala Public Services Act, 1968. (2) Section 3 shall come into force on the 17 th day of September, 1968 and the remaining provisions of this Act shall be deemed to have come into force on the 1 st day of November, 1956.". 3. Substitution of new section for section 3 . -For section 3 of the principal Act, the following section shall be substituted, namely:- "(3) Continuance of existing rules . - All rules made under the proviso to article 309 of Constitution of India, regulating the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the State of Kerala and in force immediately before the 17 th September, 1968, shall be deemed to have been made under this Act and.....

The Haryana Public Moneys (Recovery of Dues) Act, 1979 Complete Act

State: Haryana

Year: 1979

.....it in the State Financial Corporations Act, 1951, as amended from time to time; (g) "industrial undertaking" includes any undertaking for the manufacture, preservation, storage or processing of goods, or mining, or me hotel industry, or the Transport of passengers or goods, or the generation or distribution of electricity or any other form of power, or for the development of any contiguous area of land as an industrial estate. Explanation.- The expression "processing of goods" includes any actor process for producing, preparing or making an article by subjecting any material to a manual, mechanical, chemical, electrical or any other like operation; (h) "State-sponsored scheme" means a scheme sponsored by way of financial assistance by the State Government under which the State Government either" (i) advances money to a Government company for the purposes of disbursing loans, advances or grants or for the purposes of sale of goods on credit or hire-purchase; or (ii) guarantees or agrees to guarantee the repayment of a loan, advance or grant or the payment of the price of goods sold on credit or hire-purchase. 3. Recovery of certain dues as arrears of land revenue. .....

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Section 6

Title: Repeal and Validation, Etc.

State: Karnataka

Year: 1979

(1) The Karnataka Public Moneys (Recovery of Dues) Act, 1976 (Karnataka Act No. 79 of 1976) is hereby repealed. (2) Notwithstanding any judgement, decree or order of any court, anything done or any action taken (including rules or orders made, notices or certificates issued and proceedings initiated to recover any amount) or purported to have been done or taken under the Karnataka Public Moneys (Recovery of Dues) Act, 1976 (hereinafter referred to as the 1976 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act, which under sub-section (3) of section 1 shall be deemed to have come into force on the 15th day of June, 1976, and accordingly no suit or other legal proceedings shall be maintained or continued in any court questioning the validity of anything done or any action taken or purported to have been done or taken under the 1976 Act on the ground that the said Act is unconstitutional or void as it has not been reserved for the assent of the President and assented to by the President.

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Section 1

Title: Short Title and Commencement

State: Karnataka

Year: 1979

(1) This Act may be called the Karnataka Public Moneys (Recovery of Dues) Act, 1979. (2) Section 6 shall come into force at once. Other sections shall be deemed to have come into force on the fifteenth day of June 1976.

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Section 5

Title: Power to Make Rules

State: Karnataka

Year: 1979

(1) The State Government, may, after previous publication, by notification, make rules to carry out the purposes of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Section 2

Title: Definitions

State: Karnataka

Year: 1979

.....to it in the State Financial Corporation Act, 1951 as amended from time to time; (f) "Industrial undertaking" includes any undertaking for the manufacture, preservation, storage or processing of goods, or mining, or the hotel industry or the transport of passengers or goods, or the generation or distribution of electricity or any other form of power, or for the development of any contiguous area of land as an industrial estate; Explanation.--The expression "processing of goods" includes any act of process for producing, preparing or making an article by subjecting any material to a manual, chemical, electrical or any other like operation. (g) "person" includes a legal representative or an assignee; (h) "State sponsored scheme" means a scheme sponsored by way of financial assistance by the State Government under which the State Government either,- (i) advances money to a banking company or a Government Company for the purposes of disbursing loans, advances or grants or for the purposes of sale of goods on credit or hire purchase; (ii) guarantees or agrees to guarantee the repayment of a loan advance or grant or the payment of the price of goods sold on credit or hire.....

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Section 3

Title: Recovery of Certain Dues as Arrears of Land Revenue

State: Karnataka

Year: 1979

Section 3 - Recovery of certain dues as arrears of land revenue (1) Where any person is party,- (A) to any agreement relating to a loan, advance or grant given to him or relating to credit in respect of, or relating to hire-purchase of goods sold to him by the State Government or the Corporation, by way of financial assistance; or (B) to any agreement relating to a loan, advance or grant to him or relating to credit in respect of or relating to hire-purchase of, goods sold to him by a banking company or a Government company, as the case may be, under a State sponsored scheme; or (C) to any agreement relating to a guarantee given by the State Government or the Corporation in respect of a loan raised by an industrial concern; or (D) to any agreement providing that any money payable thereunder to the State Government shall be recoverable as arrears of land revenue; and such person,- (a) makes any default in payment of the loan or advance or any instalment thereof; or (b) having become liable under the conditions of the grant to refund the grant or any portion thereof, makes any default in the refund of such grant or portion or any.....

Karnataka Public Moneys (Recovery of Dues) Act, 1979 Section 4

Title: Savings

State: Karnataka

Year: 1979

.....by any mortgage, charge, pledge or other encumbrance; or (b) affect any right or remedy against any person other than a person referred to in that section, in respect of a contract or indemnity or guarantee entered into in relation to an agreement referred to in that section or in respect of any interest referred to in clause (a). (2) Where the property of any person referred to in section 3 is subject to any mortgage, charge, pledge or other encumbrance in favour of the State Government, the Corporation, a Government Company or a Banking Company, then,- (a) in every case of a pledge or hypothecation of goods, proceedings shall first be taken for sale of the goods pledged or hypothecated and if the proceeds of such sale are less than the sum due, then proceedings shall be taken for recovery of the balance as if it were an arrear of land revenue: Provided that where the State Government is of the opinion that it is necessary so to do for safeguarding the recovery of the sum due to it or to the Corporation, a Government Company or a Banking Company, as the case may be, it may for reasons to be recorded direct proceedings to be taken for recovery of the sum due, as if it.....