ASSAM STATE LEGISLATURE (DELEGATION OF POWERS) ACT, 1980 [Act, No. 38 of 1980] [11th July, 1980] PREAMBLE An Act to confer on the President the power of the Legislature of the State of Assam to make laws. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows: -
View Complete Act List Judgments citing this sectionThis Act may be called the Assam State Legislature (Delegation of Powers) Act, 1980.
View Complete Act List Judgments citing this sectionIn this Act, "Proclamation" means the Proclamation issued on the 12th day of December, 1979, under Article 356 of the Constitution-, by the President, and published with the notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 688(E) of the said date.
View Complete Act List Judgments citing this section.....he considers it, practicable to do so, consult a Committee constituted for the purpose, consisting of thirty members of the House of the People nominated by the Speaker and fifteen members of the Council of States nominated by the Chairman. (3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of Parliament. (4) Either House of Parliament may, by resolution passed within thirty days from the date on which the Act has been laid before it under sub-section (3), which period may be comprised in one session or in two successive sessions, directs any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2) : PROVIDED that nothing in this sub-section shall affect the validity of the Act or of any action taken there under before it is so amended.
View Complete Act List Judgments citing this sectionThis Act may be called the Bird and Company Limited ( Acquisition and Transfer of Undertaking ) Act 1980 (2) It shall come into force on the 25th day of October, 1980.
View Complete Act List Judgments citing this sectionEvery person having a claim against the Company shall prefer such claim before the Commissioner within thirty days from the 1.1.1981 : Vide Notification No.S.O.860 ( E ), dated 1.12.1981.specified date : Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days and not thereafter.
View Complete Act List Judgments citing this sectionThe claims arising out of the matters specified in the Schedule II shall have priorities in accordance with the following principles:- (a) Category I shall have precedence over all other categories and Category II shall have precedence over Category III, and so on; (b) the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; and (c) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.
View Complete Act List Judgments citing this section(1) On receipt of the claims made under section 16, the Commissioner shall arrange the claims in the order of priorities specified in the Schedule II and examine the same in accordance with such order of priorities. (2) If, on examination of the claims, the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.
View Complete Act List Judgments citing this section.....) the reception of evidence on affidavits; ( d ) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code( 45 of 1860 ) and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973( 2 of 1974 ). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal, shall lie to the High Court at Calcutta and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
View Complete Act List Judgments citing this sectionAfter admitting a claim under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due, and on such payment, the liability of the Company in respect of such claim shall stand discharged.
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