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State of Arunachal Pradesh Act,1986

Act No : 69


Section : Property, assets, rights, liabilities, obligations, etc.



34. Property, assets, rights, liabilities, obligations, etc. (1)
All such property and assets within the existing Union territory of
Arunachal Pradesh as are held immediately before the appointed day by
the Union for purposes of governance of that Union territory shall, on
and from that day, pass to the State of Arunachal Pradesh unless the
purposes for which such property and assets are so held are Union
purposes:

Provided that the cash balances in the treasuries in the existing
Union territory of Arunachal Pradesh before the appointed day shall,
as from that day, vest in the State of Arunachal Pradesh.

(2) All rights, liabilities and obligations (other than those
relatable to, or in connection with, a Union purpose), whether arising
out of any contract or otherwise, which are, immediately before the
appointed day,--

(a) the rights, liabilities and obligations of the Central
Government arising out of, or in connection with, the governance
of the existing Union territory of Arunachal Pradesh; or

(b) the rights, liabilities and obligations of the
Administrator of the existing Union territory of Arunachal
Pradesh in his capacity as such or of the Government of that
Union territory, shall, on and from the appointed day, be the
rights, liabilities and obligations of the Government of the
State of Arunachal Pradesh.

(3) The right to recover arrears of--

(a) any tax or duty being a tax or duty enumerated in the
State List in the Seventh Schedule to the Constitution; or

1348

(b) any duty referred to in article 268; or

(c) any tax under the Central Sales Tax Act, 1956 (74 of
1956),

which have fallen due in the existing Union territory of
Arunachal Pradesh, shall pass to the State of Arunachal Pradesh.

(4) The provisions of this section shall not apply to , or in
relation to,--

(a) any institution, undertaking or project the expenditure
in relation to which is, immediately before the appointed day,
met from and out of the Consolidated Fund of India;

(b) any property which has been placed by the Union at the
disposal of the administration of the existing Union territory of
Arunachal Pradesh subject to the condition that the ownership
thereof will continue to vest in the Union.

Explanation.--For the purposes of this section,--

(a) "liability" includes liability in respect of any civil
deposit, local fund deposit, charitable or other endowment,
provident fund account, pension or actionable wrong;

(b) "Union purposes" means the purposes of Government
relatable to any of the matters mentioned in the Union List.




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