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The Gujarat Public Moneys (Recovery of Dues) Act, 1979
The Gujarat Public Moneys (Recovery of Dues) Act, 1979
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Recovery of certain dues as arrears of land revenue.
Section 34. Savings.
Section 45. Act not to debar recovery of dues by banks under any other law.
Section 56. Power of State Government to make rules.
Section 67. Transitory provision.
Section 7
gujarat-public-moneys-recovery-of-dues-act-1979.json
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7 Sections
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Gujarat
{
"id": 16841,
"slug": "gujarat-public-moneys-recovery-of-dues-act-1979",
"title": "The Gujarat Public Moneys (Recovery of Dues) Act, 1979",
"short_title": "The Gujarat Public Moneys (Recovery of Dues) Act, 1979",
"act_number": "Gujarat Act No. 17 of 1979",
"act_year": 1979,
"act_type": "STATE",
"location": "Gujarat",
"law_status": "unknown",
"enactment_date": null,
"description": "The Gujarat Public Moneys (Recovery of Dues) Act, 1979",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"agriculture\" includes horticulture raising of crops, grass or garden produce, animal husbandry, dairy farming, poultry farming and breeding of livestock;\n[(ab) \"Collector\" includes an officer appointed by the State Government to perform the functions and exercise the powers of the collector under this Act;]\n(b) \"Corporation\" means the Gujarat State Financial Corporation established under the State Financial Corporations' Act, 1951 (LX1II of 1951) and includes any other Corporation owned or controlled by the Central or State Government specified by the State Government by a notification in the Official Gazette .\n(c) \"bank\" means-\n(i) a banking company as defined in the Banking Regulation Act, 1949 (X of 1949);\n(ii) the State Bank of India constituted under the State Bank of India Act, 1955 (XXIII of 1955);\n(iii) subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (XXXVIII of 1959);\n(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (V of 1970);\n(v) any banking institution notified by the Central Government under Section 51 of the Banking Regulation Act, 1949 (X of 1949);\n(vi) any other financial institution notified by the State Government by a notification in the Official Gazette as a bank for the purpose of this Act;\n(d) \"financial assistance\" means any kind of financial assistance given-\n(i) for establishing expanding modernising renovating or running any industrial undertaking; or\n(ii) for the purpose of vocational training; or\n(iii) for the development of agriculture or agro-industry; or\n(iv) for purposes of any other kind of planned development recognised by the State Government; or\n(v) for relief against distress caused by fire or serious drought flood or other natural calamities; or\n(vi) for the purpose of carrying out any State sponsored scheme;\n(vii) for any other prescribed purpose;\n(e) \"Government Company\" means Government Company as defined in Section 617 of the Companies Act, 1956 (I of 1956);\n(f) \"industrial concern\" shall have the same meaning as is assigned to that expression in the State Financial Corporations Act, 1951 (LXIII of 1951) as in force for the time being;\n(g) \"industrial undertaking\" includes any undertaking for the manufacture, preservation, storage or processing of goods or mining or the hotel industry or the transport of passengers or goods or the generation or distribution of electricity or any other form of energy or for the development of any contiguous area of land as an industrial estate.\n(k) \"prescribed\" means prescribed by rules made under this Act;\n(l) \"State-sponsored scheme\" means a scheme sponsored or adopted by the State Government or an officer authorised by it in this behalf for development or agriculture or industry and notified as such by the State Government or the authorised Officer, by a notification in the Official Gazette , for the purpose of this Act.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Recovery of certain dues as arrears of land revenue.",
"chapter": null,
"content": "(a) to any agreement relating to a loan, advance or grant given to him or relating to credit in respect of or relating to hire-purchase of goods sold to him [by the State Government, the Corporation or as the case may be the Government Company] by way of financial assistance, or\n(b) to any agreement relating to a loan, advance or grant given to him of relating to credit in respect of or relating to hire-purchase of goods sold to him by a bank or a \"Government Company, as the case may be, under a State sponsored scheme; or\n(c) to any agreement relating to a guarantee given by the State Government or the Corporation in respect of a loan raised by an industrial concern, or\n(d) to any agreement providing that any money payable thereunder to the State Government or the Corporation shall be recoverable as arrears of land revenue;\n(i) makes any default in payment of the loan or advance of any instalment thereof; or\n(ii) having become liable under the conditions of the grant to refund the grant or any portion thereof makes any default in the refund or such grant or portion or any instalment thereof, or\n(iii) otherwise fails to comply with the terms of the agreement-",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Savings.",
"chapter": null,
"content": "(a) affect any interest of the State Government the Corporation a Government Company or any bank in any property created by any mortgage charge, pledge or other encumbrance; or\n(b) bar a suit or affect any other right or remedy against any person other than a person referred to in that section in respect of a contract of indemnity or guarantee entered into in relation to an agreement referred to in that section or in respect of any interest referred to in clause (a).\n(a) in every case of a pledge of goods proceedings shall first be taken for sale of the goods pledged and if the proceeds of such sale are less than the sum due then proceedings shall be taken for recovery of the balances as if it were an arrear of land revenue:\n(b) in every case of a mortgage charge or other encumbrance on immovable property such property or as the case may be the interest of the defaulter therein shall first be sold in proceedings for recovery of the sum due from that person as if it were an arrear of land revenue and any other proceedings may to taken thereafter only if the Collector certifies that there is no prospect of realisation of the entire sum due through the first mentioned process within reasonable time.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Act not to debar recovery of dues by banks under any other law.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Power of State Government to make rules.",
"chapter": null,
"content": "(a) any other purpose to be prescribed under sub-section (vii) of clause (d) of Section 2;\n(b) the form of certificate to be sent under sub-section (1) of Section 3;\n(c) any other matter which is to be or may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Transitory provision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
}
],
"metadata": {
"Act ID": "guj166",
"Act Number": "Gujarat Act No. 17 of 1979",
"Enactment Date": "",
"Act Year": "1979",
"Short Title": "The Gujarat Public Moneys (Recovery of Dues) Act, 1979",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:52:49"
}