Taking Possession - Bare Acts

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 14

Title: Chief Metropolitan Magistrate or District Magistrate to Assist Secured Creditor in Taking Possession of Secured Asset

State: Central

Year: 2002

.....or found, to take possession thereof, and the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate shall, on such request being made to him-- (a) take possession of such asset and documents relating thereto; and (b) forward such assets and documents to the secured creditor. (2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate of the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority.

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Parel Investments and Trading Private Limited and Domestic Gas Private Limited (Taking over of Management) Act, 1979 [Repealed] Chapter II

Title: Taking over of Management of the Undertakings of the Two Companies

State: Central

Year: 1979

.....two companies (including the power to dispose of any properties or assets of the two companies) whether such powers are derived from the Companies Act, 1956, or from the memorandum and articles of association of either of the two companies or from any other source. (4) Any person having possession, custody or control of any property forming part of the undertaking of either of the two companies, shall, on demand, deliver forthwith such property to the Custodian or to any such person as may be authorised by the Custodian or the Central Government in this behalf. (5) If any person fails or refuses to comply with any demand made under sub-section (4) for the delivery of any property, the Custodian or any person authorised under the said sub-section may take possession of that property and may, for that purpose, use such reasonable force as may be necessary. (6) Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the undertaking of either of the two companies, including the minutes books containing the resolutions of the persons in charge of the management thereof before the appointed day, the.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 68U

Title: Power to Take Possession

State: Central

Year: 1985

(1) Where any property has been declared to be forfeited to the Central Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 68K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 68G or to any person duly authorised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the service of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.

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Wild Life (Protection) Act, 1972 Section 58U

Title: Power to Take Possession

State: Central

Year: 1972

(1) Where any property has been declared to be forfeited to the State Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 58G or to any person duly authorised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.

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Land Acquisition Act, 1894 Section 16

Title: Power to Take Possession

State: Central

Year: 1894

Taking Possession 16. Power to take possession.- When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances.

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Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 19

Title: Power to Take Possession

State: Central

Year: 1976

(1) Where any property has been declared to be forfeited to the Central Government under this Act, or where the person affected has failed to pay the fine due under sub-section (1) of Section 9 within the time allowed therefore under subsection (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or to any person duly authorised by it in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2),the competent authority may, for the purpose of taking possession of any property referred to in sub-section (1),requisition the service of any police officer to assist the competent authority and it shall be the duty of such officer to comply with such requisition.

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Bombay Land Requisition Act, 1948, (Maharashtra) Section 11

Title: Powers to Take Possession

State: Maharashtra

Year: 1948

(1) Any officer authorised in this behalf by the 1[State] Government by a general or special order may take possession of any land in respect of which an order has been made under section 5 or 6 2[or sub section (1) of section 8C] or sub-section (7) of section 9 and may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of such officer, be reasonably necessary for taking possession of such land. (2) The 1[State] Government may, after giving 15 clear days' notice to the person from whom possession of the land has been taken under sub-section (1) remove or cause to be removed or dispose of by public auction any property remaining on such land. (3) Where property is sold under sub-section (2), the sale proceeds shall after deducting the expense of sale, be paid to such person or persons who may appear to the 1[State] Government to be entitled to the same. __________________ 1. The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. Substituted by Mah. 35 of 1981, section 4.

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Karnataka Land Reforms Act, 1961 Section 41

Title: Procedure for Taking Possessions

State: Karnataka

Year: 1961

.....tenant, agricultural labourer1[x x x], as the case may be. (2) Save as otherwise provided in this Act, no landlord shall obtain possession of any land, dwelling house or site held by a tenant except under an order of the2[Tahsildar]. For obtaining such order he shall make an application in the prescribed form and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site, as the case may be, is deemed to have accrued to him. (3) On receipt of application under sub-section (1) or (2) the2[Tahsildar] shall, after holding an inquiry, pass such order, thereon1[as he deems fit]. (4) Any person taking possession of any land, dwelling house or site except in accordance with the provisions of sub-section (1) or (2), as the case may be, shall be liable to forfeiture of crops, if any, grown on the land in addition to payment of costs as may be directed by the2[Tahsildar] and also to the penalty prescribed in section 125. ______________________________________ 1. Omitted by Act 1 of 1979 w.e.f. 1.3.1979. 2. Substituted by Act 1 of 1974 w.e.f. 1.3.1979.

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Indian Telegraph Act, 1885 (13 of 1885) Section 5

Title: Power for Government to Take Possession of Licensed Telegraphs and to Order Interception of Messages

State: Central

Year: 1885

.....or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order: Provided that the press messages intended to be published in India of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under this sub-section.] ______________________ 1. Substituted by Act 38 of 1972, Section 2 (w.e.f. 21-8-1972).

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Parel Investments and Trading Private Limited and Domestic Gas Private Limited (Taking over of Management) Act, 1979 [Repealed] Section 4

Title: Appointment of Custodian to Take over Management of the Undertakings of the Two Companies

State: Central

Year: 1979

.....two companies (including the power to dispose of any properties or assets of the two companies) whether such powers are derived from the Companies Act, 1956, or from the memorandum and articles of association of either of the two companies or from any other source. (4) Any person having possession, custody or control of any property forming part of the undertaking of either of the two companies, shall, on demand, deliver forthwith such property to the Custodian or to any such person as may be authorised by the Custodian or the Central Government in this behalf. (5) If any person fails or refuses to comply with any demand made under sub-section (4) for the delivery of any property, the Custodian or any person authorised under the said sub-section may take possession of that property and may, for that purpose, use such reasonable force as may be necessary. (6) Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the undertaking of either of the two companies, including the minutes books containing the resolutions of the persons in charge of the management thereof before the appointed day, the.....

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