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Start Free TrialKarnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Chapter II
Title: Chapter Ii
State: Karnataka
Year: 2004
.....Special Court or Designated Court or any judicial forum, as the case may be for passing appropriate orders to give effect to the provisions of this Act. Section 6 - Duties and powers of Competent Authority (1) On receipt of order of appointment, the Competent Authority shall take such necessary actions as it is necessary or expedient for taking physical possession of all the monies and assets of the concerned financial establishment expeditiously and the Competent Authority shall have all the powers which arc necessary for the aforesaid purpose. (2) Without prejudice to the generality of the power vested under sub-section (1), the Competent Authority may carry out the purposes of this Act and shall be entitled to: (a) require assistance of any police authority or any other authority or person and on such requisition it shall be the duty of the police authority or such other authority or person to extend necessary assistance; (b) open bank accounts in any scheduled commercial bank and credit all monies realised and operate the bank accounts while dealing with the money received in his capacity as Competent Authority; (c) require any person believed to be in possession.....
View Complete Act List Judgments citing this sectionKarnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 3
Title: Attachment of Properties on Default of Return of Deposits
State: Karnataka
Year: 2004
.....financial establishments, and where it transpires that such money or other property is not available for attachment or not sufficient for the repayment of the deposits, such other property of the said financial establishments, or the personal assets of the promoters, partners, directors, managers or members or any other person of the said financial establishments. (3) The Government shall also notify the ad interim order made under sub-section (2) in the Official Gazette and two newspapers having wide circulation and shall also cause to be affixed a copy of such order on some conspicuous place of the properly so attached. (4) On the publication of the order made under sub-section (2), all the properties and assets of the financial establishment and the persons mentioned therein shall forthwith vest in the Competent Authority appointed by the Government, pending further order from the Special Court.
View Complete Act List Judgments citing this sectionKarnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Chapter IV
Title: Chapter Iv
State: Karnataka
Year: 2004
.....for such area or areas or for such class or classes of cases. (2) No Court including the Court constituted under the Presidency Towns Insolvency Act, 1909 (Act 3 of 1909) and the Provincial Insolvency Act, 1920 (Act 5 of 1920) other than the Special Court shall have jurisdiction in respect of any mailer to which the provisions of this Act is invoked. (3) Any pending case in any other Court in respect of which the provisions of this Act invoked, shall stand transferred to the Designated Courts from the date of notification issued under sub-section (1). Section 11 - Powers of the Special Court regarding realisation of assets and payment to depositors (1) The Special Court shall have all the powers for giving effect to the provisions of this Act. (2) Without prejudice to the generality of sub-section (1), the Special Court may.-- (a) give any direction to the Competent Authority as it deems fit, for effective implementation of the provisions of this Act; (b) approve the statement of dues of the financial establishment due from various debtors, assessment of the value of the assets of the financial establishment, finalise the list of the depositors and their.....
View Complete Act List Judgments citing this sectionKarnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 11
Title: Powers of the Special Court Regarding Realisation of Assets and Payment to Depositors
State: Karnataka
Year: 2004
.....as it deems fit or depending upon the nature of assets and credit the sale proceeds thereof to the bank accounts; (d) approve the necessary expenditure to be incurred by the Competent Authority for taking possession and realisation of the assets of the financial establishment; (e) on receipt of an application under Section 8, order for payment to the depositors by the Competent Authority or order for proportionate payment to the depositors in the events of the money so realised is not sufficient to meet the entire deposit liability; and (f) pass any order which the Special Court deems fit for realisation of the assets of the company and repayment to the depositors of the financial establishment or on any matter or issue incidental thereto. Explanation.--For the purpose of this section, the expression "financial establishment" includes the directors, partners, promoters, managers or member of said establishment or any other person whose property or assets have been attached under Section 3.
View Complete Act List Judgments citing this sectionKarnataka Veterinary, Animal and Fisheries Sciences University Act, 2004 Chapter II
Title: The University
State: Karnataka
Year: 2004
.....through the Vice Chancellor such action, if any, as it has taken or proposes to take. (6) Where the Board does not within a reasonable time, take action to the satisfaction of the Sate Government, or fails to take any action the State Government may, require the Vice--Chancellor or issue such directions as are necessary and the Board shall be bound to comply with the same. (7) The Board shall furnish returns, statements, accounts or other particulars relating to the administration of the University as the State Government may, from time to time, require. (8) Not withstanding anything in the preceding sub--sections, the State Government, may, by order published in the Official Gazette, annul any proceedings of the University, which, in its opinion is not in conformity with this Act and the Statutes: Provided that before making any such order the State Government shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same. (9) Every order passed under sub--section (8) shall, as soon as may be, be laid before both Houses of the State Legislature.
View Complete Act List Judgments citing this sectionKarnataka Veterinary, Animal and Fisheries Sciences University Act, 2004 Section 9
Title: Inspection and Control
State: Karnataka
Year: 2004
.....through the Vice Chancellor such action, if any, as it has taken or proposes to take. (6) Where the Board does not within a reasonable time, take action to the satisfaction of the Sate Government, or fails to take any action the State Government may, require the Vice--Chancellor or issue such directions as are necessary and the Board shall be bound to comply with the same. (7) The Board shall furnish returns, statements, accounts or other particulars relating to the administration of the University as the State Government may, from time to time, require. (8) Not withstanding anything in the preceding sub--sections, the State Government, may, by order published in the Official Gazette, annul any proceedings of the University, which, in its opinion is not in conformity with this Act and the Statutes: Provided that before making any such order the State Government shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same. (9) Every order passed under sub--section (8) shall, as soon as may be, be laid before both Houses of the State Legislature.
View Complete Act List Judgments citing this sectionValue Added Tax Act, 2003 Chapter 3
Title: Registration
State: Karnataka
Year: 2003
.....the competent authority may after conducting such survey, inspection or enquiry as may be prescribed, proceed to register such person under Section 22. Section 25 - Registration (1) The form of application to register under Section 22 or 23, the time and manner of making application, and the fee, payable shall be as may be prescribed. (2) On receipt of an application to register under Section 22 or 23, the prescribed authority shall register any such dealer and grant him a certificate of registration, if he is satisfied that the applicant is a bona fide dealer and that he complies with the requirements of this Act, with effect from the first day of the month following the month in which such application is made or from such earlier date as may be mutually agreed. (3) The prescribed authority may refuse to grant a certificate of registration to the applicant for any good and sufficient reasons to be recorded in writing, after allowing the applicant to show cause in writing against such refusal. (4) In respect of the Central Government, any State Government, any statutory body or any local authority liable to collect tax under sub-section (2) of Section 9, the.....
View Complete Act List Judgments citing this sectionValue Added Tax Act, 2003 Section 24
Title: Suo Motu Registration
State: Karnataka
Year: 2003
Where a dealer liable to be registered has failed to inform the competent authority of his liability to be registered, the competent authority may after conducting such survey, inspection or enquiry as may be prescribed, proceed to register such person under Section 22.
View Complete Act List Judgments citing this sectionValue Added Tax Act, 2003 Chapter 5
Title: Administration and Collection of Tax
State: Karnataka
Year: 2003
.....such industrial unit the Government has already notified exemption of tax or deferred payment of tax under the provisions of the Karnataka Sales Tax Act, 1957 ( Karnataka Act 25 of 1957). (b) Notwithstanding anything contained in this Act but subject to such conditions as the Government may, by general or special order specify, where a dealer to whom incentives by way of deferment offered by the Government in its orders issued from time to time has been granted by virtue of eligibility certificate and where liability equal to the amount of any such tax payable by such dealer has been created as a loan by the Department of Industries and Commerce of the Government of Karnataka, then such tax shall be deemed, in the public interest, to have been paid. (c) Notwithstanding anything contained in this Act, the deferred payment of tax under clause (a) shall not attract interest under sub-section (2) of Section 36, provided the conditions laid down for payment of the tax deferred are satisfied. (4) Any other amount due under this Act shall be paid within ten days from the date of service of the order or proceedings imposing such amount, unless otherwise specified. (5) The.....
View Complete Act List Judgments citing this sectionValue Added Tax Act, 2003 Section 42
Title: Payment and Recovery of Tax, Penalties, Interest and Other Amounts
State: Karnataka
Year: 2003
.....been paid. (c) Notwithstanding anything contained in this Act, the deferred payment of tax under clause (a) shall not attract interest under sub-section (2) of Section 36, provided the conditions laid down for payment of the tax deferred are satisfied. (4) Any other amount due under this Act shall be paid within ten days from the date of service of the order or proceedings imposing such amount, unless otherwise specified. (5) The Commissioner or the Government may, subject to such conditions as they may specify, remit by an order the whole or any part of the interest payable in respect of any period by any person or class of persons. (6) Where the amount paid falls short of the aggregate of the tax or any other amount due and interest payable, the amount so paid shall first be adjusted towards interest payable and the balance, if any, shall be adjusted towards the tax or any other amount due. (7) A registered dealer, furnishing a revised return in accordance with this Act which shows a greater amount of tax to be due than was paid or payable in accordance with the original return, shall pay with that revised return the tax so payable in such manner as may be.....
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