Bare Act Search Results

Calcutta Official Receivers Act, 1938 Complete Act

State: West Bengal

Year: 1938

.....Receiver" means the Official Receiver of the Court; (3) "prescribed" means prescribed by rules made by the 1 [State] Government under this Act. Section 3 Appointment, status, rights, liabilities, etc., of Official Receiver and Deputy Official Receiver (1) There shall be an Official Receiver and there may be one or more Deputy Official Receivers. (2) The offices of Official Receiver and of Deputy Official Receivers (if any) shall be civil posts under the 2[Government] in India. (3) Subject to the provisions of sub-section (2) of section 6, all rights, privileges, titles and liabilities of the Official Receiver subsisting immediately prior to the commencement of this Act shall accrue to and vest in the Official Receiver appointed under this Act. (4) The person holding the office of Official Receiver immediately prior to the commencement of this Act shall without further appointment become the Official Receiver appointed under this Act, and it shall not be necessary for the Court to reappoint him under section 4 in any case in which he has previously been appointed a receiver. (5) A Deputy Official Receiver shall, subject to the control of the 3[State] Government and.....

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

.....accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balance-sheet items and also relating to deployment of funds by a housing finance institution or a group of housing finance institutions or housing finance institutions generally, as the case may be, and such housing finance institutions shall be bound to follow the policy so determined and the direction so issued. (2) Without prejudice to the generality of the powers vested under sub-section, the National Housing Bank may give directions to housing finance institutions generally or to a group of housing finance institutions or to any housing finance institution in particular as to- (a) the purpose for which advances or other fund-based or non-fund-based accommodation may not be made; and (b) the maximum amount of advances or other financial accommodation or investment in shares and other securities which, having regard to the paid-up capital, reserves and deposits of the housing finance institution and other relevant considerations, may be made by that housing finance institution to any person or a company or.....

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.