UTTAR PRADESH PUBLIC MONEYS (RECOVERY OF DUES) (AMENDMENT) ACT, 1975

Preamble - UTTAR PRADESH PUBLIC MONEYS (RECOVERY OF DUES) (AMENDMENT) ACT, 1975

THE UTTAR PRADESH PUBLIC MONEYS (RECOVERY OF DUES) (AMENDMENT) ACT, 1975

[Act No. 17 of 1975]

[31st March, 1975]

PREAMBLE

An Act to amend the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 (U.P. Act no 23 of 1972).

It is hereby enacted in the Twenty-sixth Year of the Republic of India as follows: -

Section 1 - Short title

This Act may be called the Uttar Pradesh Public Moneys (Recovery of Dues) (Amendment) Act, 1975.

Section 2 - Amendment of section 2 of U.P. Act no. 23 of 1972

Sub-section (1) of section 2 of the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, hereinafter referred to as the principal Act, shall be renumbered as section 2, and accordingly the brackets and figure " (1) " occurring in the beginning shall be omitted, and in the said section 2,--

(i)       in clause (f), the words "or a financing bank or Central Bank as defined in the Uttar Pradesh Co-operative Societies Act, 1965 not being a land development bank" shall be inserted at the end;

 

(ii)      in clause (g), the words "and includes any other scheme of financial assistance, by a banking company or a Government company, which is declared to be a State-sponsored scheme by the State Government by notification in the Gazette" shall be inserted at the end.

 

Section 3 - Amendment of section 3

In section 3 of the principal Act,--

(i)       in sub-section (1),--

 

(a)      in clause (d), in the opening paragraph, after the words, "the State Government" the words "or the Corporation" shall be inserted;

 

(b)      after the words "the Managing Director", the words "or where there is no Managing Director then the Chairman of the Corporation, by whatever name called," shall be inserted;

 

(ii)      after sub-section (3), the following sub-sections shall be inserted and be deemed always to have been inserted, namely,--

"(4) In the case of any agreement referred to in sub-section (1) between any person referred to in that sub-section and the State Government or the Corporation, no arbitration proceedings shall lie at the instance of either party either for recovery of any sum claimed to be due under the said sub-section or for disputing the correctness of such claim:

Provided that whenever proceedings are taken against any person for the recovery of any such sum he may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment the proceedings shall be stayed and the person against whom such proceedings were taken may make a reference under or otherwise enforce an arbitration agreement in respect of the amount so paid, and the provisions of section 183 of the Uttar Pradesh Land Revenue Act, 1901, or section 287-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as the case may be, shall mutatis mutandis apply in relation to such reference or enforcement as they apply in relation to any suit in the civil court.

?(5) Save as otherwise expressly provided in the proviso to subsection (4) of this section or in section 183 of the U.P. Land Revenue Act, 1901 or section 287-A of the Uttar Pradesh ZamindariAbolition and Land Reforms Act, 1950 every certificate sent to the Collector under sub-section (1) shall be final and shall not be called in question in any original suit, application (including any application under the Arbitration Act, 1940) or in any reference to arbitration, and no injunction shall be granted by any court or other authority in respect of any action taken or intended to be taken in pursuance of any power conferred by or under this Act."

Section 4 - Repeal

The Uttar Pradesh Public Moneys (Recovery of Dues) (Amendment) Ordinance, 1975, is hereby repealed.

Section 5 - Transitory provisions

All suits, applications and arbitration proceedings of the nature referred to in sub-section (5) of section 3 of the principal Act as inserted by this Act, pending immediately before the commencement of this Act shall abate upon the commencement of this Act, so, however, that such abatement shall be without prejudice to the right of the persons affected to agitate any dispute in accordance with the proviso to sub-section (4) of the said section 3 as inserted by this Act or in accordance with section 183 of the U.P. Land Revenue Act, 1901 or section 287-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.