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Start Free TrialPersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 1
Title: Preliminary
State: Central
Year: 1995
.....subtending an angle of 20 degree or worse; (c) "Central Co-ordination Committee" means the Central Co-ordination Committee constituted under sub-section (1) of section 3; (d) "Central Executive Committee" means the Central Executive Committee constituted under sub-section (1) of section 9; (e) "cerebral palsy" means a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development; (f) "Chief Commissioner" means the Chief Commissioner appointed under sub-section (1) of section 57 (g) "Commissioner" means the Commissioner appointed under sub-section (1) of section 60; (h) "competent authority" means the authority appointed under section 50; (i) "disability" means-- (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (viii) mental illness; (j) "employer" means,-- (i) in relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and.....
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Section 14
Title: Employment of Certain Employees to Continue
State: Central
Year: 1995
.....Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of the services of any Officer or other employee of a textile undertaking to the National Textile Corporation shall not entitle such Officer or other employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any Court, tribunal or other authority. (4) Where, under the terms of any contract of service or otherwise, any person whose services become terminated or whose services become transferred to the National Textile Corporation by reason of the provisions of this Act is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment, not being a payment by way of gratuity or pension, such person may, except to the extent such liability has been taken over by the Central Government under section 5 enforce his claim against the owner of the textile undertaking but not against the Central Government or the National Textile Corporation.
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Chapter 7
Title: Miscellaneous
State: Central
Year: 1995
.....or any Officer or other person authorised by either of such Corporation for any thing which is in good faith done or intended to be done under this Act. Section 34 - Textile companies not to be wound up by the Court No proceeding for the winding up of a textile company, the right, title and interest in relation to the textile undertaking owned by which have vested in the National Textile Corporation under this Act or for the appointment of a receiver in respect of the business of the textile undertaking shall lie or be proceeded with in any Court except with consent of the Central Government. Section 35 - Delegation of powers (1)The Central Government may, by notification, direct that all or any of the powers exercisable by it unde this Act, other than the power under section 36 may also be exercised by any person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1) the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government. Section 36 - Power to make rules (1) The Central Government may, by notification, make rules to carry out.....
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Section 23
Title: Admission or Rejection of Claims
State: Central
Year: 1995
..... (c) the reception of evidence on affidavits; and (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 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. (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 textile undertaking is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State in which the textile undertaking is situated 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 sectionTextile Undertakings (Nationalisation) Act,1995 Section 19
Title: Certain Powers of the National Textile Corporation
State: Central
Year: 1995
(1) The National Textile Corporation shall be entitled to receive, up to the specified date, to the exclusion of all other persons; any money due to the textile undertaking, realised after the appointed day, notwithstanding that the realisations pertain to a period prior to the appointed day. (2) The National Textile Corporation may make a claim to the Commissioner with regard to every payment made by the Custodian after the appointed day but before the date on which the Textile Undertaking (Nationalisation) Ordinance, 1995 was promulgated for discharging any liability of the owner of textile undertaking in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching under this Act, to the matter in relation to which such liability has been discharged by the Custodian. (3) Save as otherwise provided in this Act, the liabilities in relation toa textile undertaking in respect of any period prior to the appointed day which have not been discharged by the Custodian shall be the liabilities of the owner of that textile undertaking.
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Section 18
Title: Payment by the Central Government to the Commissioner
State: Central
Year: 1995
.....paid by the Central Government [in addition to the amount referred to in sub-section (1) ], to the Commissioner, in cash, such amount payable under section 5 of that Act as remains unpaid in relation to the period commencing on the date on which such management was taken over by the Central Government and ending on the appointed day. (3) In relation to the textile undertakings, the management of which was taken over by the Central Government under the Laxmirattan and Atherton West Cotton Mills (Taking Over of Management) Act, 1976, there shall be paid by the Central Government [in addition to the amount referred to in sub-section (1)], to the Commissioner, in cash, such amount payable under section 5 of that Act as remains unpaid in relation to the period commencing on the date on which such management was taken over by the Central Government and ending on the appointed day. (4) A deposit account shall be opened by the Central Government, in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account in the Public Account of India, and thereafter the.....
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Section 17
Title: Appointment of Commissioners of Payments
State: Central
Year: 1995
.....such persons also to exercise all or any of the powers exercisable by him under this Act, and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Conslidated Fund of India. (5) References in this Act to the Commissioner shall, where more than one Commissioner has been appointd be construed as references to the Commissioner in relation to the textile undertaking within the local limits of the jurisdiction specified under clause (b) of sub-section (1).
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Section 15
Title: Provident and Other Funds
State: Central
Year: 1995
(1) Where the owner of a textile undertaking has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in such textile undertaking the monies relatable to the employees, whose services have become transferred by or under this Act to the National Textile Corporation shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and shall vest in, the National Textile Corporation. (2) The monies which stand transferred, under sub-section (1), to the National Textile Corporation shall be dealt with by that Corporation in such manner as may be prescribed.
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Chapter 5
Title: Provisions Relating to Employees of Textile Undertakings
State: Central
Year: 1995
.....shall vest in, the National Textile Corporation. (2) The monies which stand transferred, under sub-section (1), to the National Textile Corporation shall be dealt with by that Corporation in such manner as may be prescribed. Section 16 - Transfer of employees to a subsidiary textile corporation Where any textile undertaking or any part thereof is transferred under this Act to a subsidiary textile corporation, every person referred to in sub-section (1) and sub-section (2) of section 14 shall on and from the date of such transfer, become an employee of the subsidiary textile corporation, and the provisions of sections 14 and 15 shall apply to such employee as they apply to an employee of the National Textile Corporation as if references in the said sections to the National Textile Corporation were references to the subsidiary textile corporation.
View Complete Act List Judgments citing this sectionTextile Undertakings (Nationalisation) Act,1995 Section 30
Title: Contracts to Cease to Have Effect Unless Ratified by the National Textile Corporation
State: Central
Year: 1995
.....to have effect unless such contract is before the expiry of that period, ratified in writing, by the National Textile Corporation and in ratifying such contract the National Textile Corporation may make such alterations or modifications therein as it may think fit: Provided that the National Textile Corporation shall not omit to ratify a contract and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the textile undertaking. (2) The National Textile Corporation shall not omit to ratify a contract or make any alteration or modification therein except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.
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