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Start Free TrialUnit Trust of India Act, 1963 (52 of 1963) Section 19B
Title: Special Provision for Enforcement of Claim by the Trust
State: Central
Year: 1963
.....specified in the notice why the management of the company or other body corporate should not be transferred to the Trust. (5) Before passing any order under sub-section (3) or sub-section (4), the Court may, if it thinks fit, examine the officer making the application. (6) At the same time as it passes an order under sub-section (3), the Court shall issue to the company or other body corporate a notice accompanied by copies of the order, the application and the evidence, if any, recorded by it calling upon the company or other body corporate to show cause on a date to be specified in the notice why the ad interim order of attachment should not be made absolute or the injunction confirmed. (7) If no cause is shown on or before the date specified in the notice under sub-sections (4) and (6), the Court shall forthwith make the ad interim order absolute and direct the sale of the attached property or transfer the management of the company or other body corporate to the Trust or confirm the injunction. (8) If cause is shown the Court shall proceed to investigate the claim of the Trust and the provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall, as far as.....
View Complete Act List Judgments citing this sectionUnit Trust of India Act, 1963 Complete Act
State: Central
Year: 1963
.....all powers and do all acts and things which may be exercised or done by the Trust. (2) The Board shall, in discharging its functions under this Act, act on business principles regard being had to the interest of the unit holders. SECTION 10: BOARD OF TRUSTEES The Board of trustees shall consist of the following namely- (a) the Chairman to be appointed by the16[Central Government in Consultation with the Development Bank]; 17[(aa) one trustee to be nominated by the Reserve Bank;] (b) four trustees to be nominated by the16[Development Bank], of whom not less than three shall be persons having special knowledge of, or experience in, commerce, industry, banking, finance or investment; (c) one trustee to be nominated by the Life Insurance Corporation; (d) one trustee to be nominated by the State Bank; (e) two trustees to be elected in the prescribed manner by the contributing institutions referred to in clause (d) of sub-section (2) of section 4-, and (f) an executive trustee to be appointed by the16[Development Bank]. Provided that if the appointment of the Chairman is whole -time it shall not be necessary to appoint an executive trustee: Provided further that on the first.....
List Judgments citing this sectionUnit Trust of India Act, 1963 (52 of 1963) Chapter IV
Title: Powers and Functions of the Trust
State: Central
Year: 1963
.....(2), (4), (6), (7), sub-clause (c) of Cl. (8) and Cls. (11), (12), (13) and (15) of sub-section (1).] _____________________ 1. Substituted by Act 63 of 1985, Section 5 (w.e.f. 23rd April, 1985). Section 19A - Power to impose conditions, etc. 1[19A. Power to impose conditions, etc. (1) In entering into any arrangement, under Section 19, with any concern, the Trust may impose such conditions as it may think necessary or expedient for protecting the interest of the Trust and for securing that the accommodation granted by it is put to the best use by the industrial concern. (2) Where any arrangement entered into by the Trust under Section 19 with any concern provides for the appointment by the Trust of one or more directors of such concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the concern, and any provision regarding share qualification, age limit, number of directorships, removal from.....
View Complete Act List Judgments citing this sectionUnit Trust of India Act, 1963 (52 of 1963) Section 3A
Title: Prohibition Against the Use of Words "unit Trust", "unit" or "units" as a Part of the Name of Any Person Other Than the Trust
State: Central
Year: 1963
.....accordingly. (5) No Court shall take cognizance of any offence punishable under this section except upon a complaint in writing made by an officer of the Trust generally or specially authorised in writing in this behalf by the Trust and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try such offence. Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.] _____________________________ 1. Inserted by Act 16 of 1975, Section 3 (came into force at once).
View Complete Act List Judgments citing this sectionUnit Trust of India Act, 1963 (52 of 1963) Chapter II
Title: Establishment of the Unit Trust of India Andthe Initial Capital Thereof
State: Central
Year: 1963
.....Companies Act, 1956, declared as such. 2. Substituted by Act 63 of 1985, Section 3 (w.e.f. 23rd April, 1985). 3. Substituted by Act 17 of 1966, Section 3. Section 4A - Transfer of initial capital to Development Bank 1 [4-A. Transfer of initial capital to DevelopmentBank On such date as the Central Government may, by notification in the official Gazette, appoint (hereinafter referred to as the notified date), all the contributions made by the Reserve Bank to the initial capital of the Trust, as on the date immediately preceding the notified date, shall stand transferred to, and vested in, the Development Bank. ______________________ 1. Inserted by Act 52 of 1975, Section 46 (w.e.f. 16th February, 1976). Section 4B - Payment of amount The Reserve Bank shall be given by the Development Bank, in cash, for the transfer to, and vesting in, the Development Bank of the contributions made to the initial capital of the Trust by the Reserve Bank, an amount equal to contributions to the initial capital so transferred.] Section 5 - Maintenance of register of contributories The Board shall maintain in such manner as may be prescribed a register containing the name of the.....
View Complete Act List Judgments citing this sectionUnit Trust of India Act, 1963 (52 of 1963) Complete Act
Title: Unit Trust of India Act, 1963 (52 of 1963)
State: Central
Year: 1963
.....- Distribution of income Section25B - Reserve Funds Section25C - Definition Chapter VI Section26 - Preparation of balance-sheet, etc. of Trust Section27 - Audit Section28 - Publication of annual accounts and reports Section29 - Furnishing of information Chapter VII Section30 - Power of Reserve Bank to give directions Section31 - Staff of Trust Section32 - Income-tax and other taxes Section33 - Act 18 of 1891 to apply in relation to Trust Section34 - Declaration of fidelity and secrecy Section35 - Defects in appointments not to invalidate acts, etc. Section36 - Indemnity of trustees Section37 - Protection of action taken under this Act Section38 - Delegation of powers Section39 - No Trust to be taken notice of Section39A - Nomination by unit holders and agents Section39B - Protection of certain amounts from attachment Section40 - Re-payment of contribution in case of winding-up of contributing institution Section41 - Power of Central Government to re-constitute Board Section42 - Liquidation of Trust Section43 - Regulations Section44 - Amendment of certain enactments [Repealed] Section45 - Power to remove difficulty Schedule1 - THE FIRST SCHEDULE .....
List Judgments citing this sectionCharitable and Religious Trusts Act,1920 Complete Act
State: Central
Year: 1920
..... : FAILURE OF TRUSTEE TO COMPLY WITH ORDER UNDER SECTION 5 If a trustee without reasonable excuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall, without prejudice to any other penalty or liability which he may incur under any law for the time being in force, be deemed to have committed a breach of trust affording ground for a suit under the provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908), and any such suit may, so far as it is based on such failure, be instituted without the previous consent of the Advocate General. SECTION 07 : POWERS OF TRUSTEE TO APPLY FOR DIRECTIONS (1) Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate, for the opinion, advise or direction of the Court on any question affecting the management or administration of the trust property, and the Court shall give its opinion, advice or direction, as the case may be,.....
List Judgments citing this sectionCharitable & Religious Trusts Act 1920 Preamble 1
Title: The Charitable and Religious Trusts Act, 1920
State: Central
Year: 1920
THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920 [Act, No.14 of 1920] [20th March, 1920] PREAMBLE An Act to provide more effectual control over the administration of Charitable and Religious Trusts. whereas it is expedient to provide facilities for the obtaining of information regarding trusts created for public purposes of a charitable or religious nature, and to enable the trustees of such trusts to obtain the directions of a court on certain matters, and to make special provision for the payment of the expenditure incurred in certain suits against the trustees of such trusts; It is hereby enacted as follows :--
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Complete Act
Title: Administration of Evacuee Property Act, 1950 [Repealed]
State: Central
Year: 1950
Preamble1 - ADMINISTRATION OF EVACUEE PROPERTY Act, 1950 Chapter I Section1 - Short title and extent Section2 - Definitions Section3 - [Repealed] Section4 - Act to override other laws Chapter II Section5 - Appointment of Custodian-General, Deputy Custodian-General etc Section6 - Appointment of Custodians, etc Section7 - Notifications of evacuee property Section7A - Property not to be declared evacuee property on or after 7th May 1954 Section8 - Vesting of evacuee property in the Custodian Section9 - Power of Custodian to take possession of evacuee property vested in him Section10 - Powers and duties of the Custodian generally Section10A - Power to recover rent or damages in respect of evacuee property vested in the Custodian Section11 - Special provisions with respect to certain trust properties Section12 - Power to vary or cancel leases or allotments of evacuee property Section12A - Special provisions with respect to transfer of tenancy rights of evacuees Section13 - Payments to Custodian to foe valid discharge Section14 - Recouping of expenditure by Custodian Section15 - Maintenance of accounts by Custodian Section16 - Restoration of evacuee property Chapter.....
List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Section 11
Title: Special Provisions with Respect to Certain Trust Properties
State: Central
Year: 1950
.....or charitable nature, it shall be lawful for the Central Government, notwithstanding anything contained in the instrument of trust or any law for the time being in force, to appoint by general or special order, new trustees in place of the evacuee trustees and the property shall remain vested in the Custodian only until such time as the new trustees are so appointed; and pending the appointment of such new trustees the trust property and the income thereof shall be applied by the Custodian for fulfilling, as far as possible, the purpose of the trust.] (2) In respect of any Wakf-alal-aulad.-- (a) Where the mutawalli is an evacuee, the property forming the subject-matter of the wakf shall vest in the Custodian subject to the rights of the beneficiaries under the wakf, if any, who are not evacuees; (b) Where not all the beneficiaries are evacuees, the rights and interests of such of the beneficiaries as are evacuees shall alone vest in the Custodian. _____________________________ 1. Substituted by the Administration of Evacuee Property (Amdt.) Act, 1956(91 of 1956), S. 5 (w.r.e.f. 22-10-1956).
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