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......

Transfer of Property Act, 1882 Section 69A

Title: Appointment of Receiver

State: Central

Year: 1882

.....of the receiverwas valid or not. (6) The receiver shall be entitledto retain out of any money received by him, for his remuneration, and insatisfaction of all costs, charges and expenses incurred by him as receiver, acommission at such rate not exceeding five per cent, on the gross amount of allmoney received as is specified in his appointment, and, if no rate is sospecified, then at the rate of five per cent. on that gross amount, or at suchother rate as the Court thinks fit to allow, on application made by him for thatpurpose. (7) The receiver shall, if sodirected in writing by the mortgagee, insure to the extent, if any, to which themortgagee might have insured, and keep insured against loss or damage by fire,out of the money received by him, the mortgaged property or any part thereofbeing of an insurable nature. (8) Subject to the provisions ofthis Act as to the application of insurance money, the receiver shall apply allmoney received by him as follows, namely. - (i) in discharge of all rents,taxes, land revenue., rates and outgoings whatever affecting the mortgagedproperty; (ii) in keeping down all annualsums or other payments, and the interest on all principal.....

Code of Civil Procedure, 1908 Rule 1 to 5

Title: Appointment of Receivers

State: Central

Year: 1908

.....rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit. (2) Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove. 2. Remuneration The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver. 3. Duties Every receiver so appointed shall-- (a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive in respect of the property; (b) submit his accounts at such periods and in such form as the Court directs; (c) pay the amount due from him as the Court directs; and (d) be responsible for any loss occasioned to the property by his wilful default or gross negligence. 4. Enforcement of receiver's duties Where a receiver (a) fails to submit his accounts at such periods and in such form as the Court directs, or (b) fails to pay the amount due from him as the Court directs, or (c) occasions loss to the property by his wilful default or gross negligence, the Court may direct.....

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.

Value Added Tax Act, 2003 Section 43

Title: Duties of Receivers

State: Karnataka

Year: 2003

.....to the extent of the amount set aside for the tax payable by the person who owned the asset; and (c) may pay any debt that has priority over the tax referred to in this Section notwithstanding any provision of this Section. (5) A receiver is personally liable to the extent of any amount required to be set aside under sub-section (4) for the tax referred to in sub-section (2) if and to the extent that, the receiver fails to comply with the requirements of this Section. (6) In this Section, receiver includes a person, who with respect to an asset in the State is, - (a) a liquidator of a company; or (b) a receiver appointed out of court or by a court; or (c) a trustee for a bankrupt person; or (d) a mortgagee in possession; or (e) an executor of a deceased estate; or any other person conducting the business of a person legally incapacitated.

Karnataka Value Added Tax Act, 2003 Section 43

Title: Duties of Receivers

State: Karnataka

Year: 2003

.....to the extent of the amount set aside for the tax payable by the person who owned the asset; and (c) may pay any debt that has priority over the tax referred to in this Section notwithstanding any provision of this Section. (5) A receiver is personally liable to the extent of any amount required to be set aside under sub-section (4) for the tax referred to in sub-section (2) if and to the extent that, the receiver fails to comply with the requirements of this Section. (6) In this Section, "receiver" includes a person, who with respect to an asset in the Strate is, - (a) a liquidator of a company; or (b) a receiver appointed out of court or by a court; or (c) a trustee for a bankrupt person; or (d) a mortgagee in possession; or (e) an executor of a deceased estate; or any other person conducting the business of a person legally incapacitated.

National Housing Bank Act, 1987 Chapter V

Title: Provision Relating to Housing Finance Institutions Receiving Deposits

State: Central

Year: 1987

In this Chapter the term 'deposit' shall have the meaning assigned to it in section 45-I of the Reserve Bank of India Act, 1934. Section 29 - Chapter not to apply in certain cases (1) The provisions of this Chapter shall not apply to deposits accepted by a housing finance institution which is a firm or an unincorporated association of individuals. (2) For the removal of doubts, it is hereby declared that the firms and unincorporated associations of individuals referred to in sub-section (1) shall continue to be governed by the provisions of Chapter III C of the Reserve Bank of India Act, 1934. Section 29A - Requirement of registration and net owned fund 1[29A. Requirement of registration and net owned fund (1) Notwithstanding anything contained in this Chapter or in any other law for the time being in force, no housing finance institution which is a company shall commence or carry on the business of a housing finance institution without- (a) obtaining a certificate of registration issued under this Chapter; and (b) having the net owned fund of twenty-five lakh rupees or such other higher amount, as the National Housing Bank may, by notification, specify. (2).....

Foreign Contribution (Regulation) Act, 1976 Section 6

Title: Certain Associations and Persons Receiving Foreign Contribution to Give Intimation to the Central Government

State: Central

Year: 1976

.....programme shall accept foreign contribution unless such association,-- (a) registers itself with the Central Government in accordance with the rules made under this Act; and (b) agrees to receive such foreign contributions only through such one of the branches of a bank as it may specify in its application for such registration, and every association so registered shall give, within such time and in such manner as may be prescribed, an intimation to the Central Government as to the amount of each foreign contribution received by it, the source from which and the manner in which such foreign contribution was received and the purposes for which and the manner in which such foreign contribution was utilised by it: Provided that where such association obtains any foreign contribution through any branch other than the branch of the bank through which it has agreed to receive foreign contribution or fails to give such intimation within the prescribed time or in the prescribed manner, or gives any intimation which is false, the Central Government may, by notification in the Official Gazette, direct that such association shall not, after the date of issue of such notification,.....

Shipping Development Fund Committee (Abolition) Act, 1986 Section 9

Title: Appointment of Receiver Without Intervention of Court

State: Central

Year: 1986

.....hypothecated or charged, with power to- (i) sell such ship or other assets by public auction notwithstanding anything to the contrary contained in section 51 of the Act; (ii) demand and recover all the income in respect of which he is appointed received of any such ship or other assets and to appropriate the same in the discharge of rents, taxes and other dues and outgoings affecting the same and in payment of the liabilities of the shipowner under any mortgage, hypothecation or charge to the Central Government; or (iii) use, operate, charter or lease such ship or other assets to generate incomes, rents or profits to meet the liabilities of the shipowner to the Central Government under the mortgage, hypothecation or charge, and pay the residue, if any, of the money received by him to the person who, but for the appointment of the receiver, would have been entitled to receive the income of which he is appointed receiver or who is otherwise entitled to such property. (2) A receiver appointed under this section shall be deemed to be the agent of the shipowner and the shipowner shall be solely responsible for the receiver's acts or defaults unless such acts or defaults are.....

Provincial Insolvency Act, 1920 Section 56

Title: Appointment of Receiver

State: Central

Year: 1920

.....to remove from the possession or custody of property any person whom the insolvent has not a present right so to remove. (4) Where a receiver appointed under this section (a) fails to submit his accounts at such periods and in such form as the Court directs, or (b) fails to pay the balance due from him thereon as the Court directs, or (c) occasions loss to the property by his wilful default or gross negligence, the Court may direct his property to be attached and sold, and may apply the proceeds to make good any balance found to be due from him or any loss so occasioned by him. (5) The provisions of this section shall apply, so far as may be, to interim receivers appointed under section 20.