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Start Free TrialBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Complete Act
State: Central
Year: 1976
.....the management of its undertakings was taken over by the Central Government under section 18A of the Industries (Development and Regulation) Act, 1951, in March, 1971. Since early action was necessary to reduce the interest charges on loans and for restructuring of the capital of the Company, the undertakings of the Company were acquired by the Braithwaite and Company (India) Limited (Acquisition tend Transfer of Undertakings) Ordinance, 1976). The Bill seeks to replace the said Ordinance. - Gaz. of Ind. , 20-8-1976, Pt.ll,S.2,Ext..p.l215. An Act to provide for the acquisition and transfer of the undertakings of Messrs. Braithwaite and Company (India) Limited for the purpose of ensuring the continuity of production of goods which are vital to the needs of the country, and for matters connected therewith or incidental thereto WHEREAS Messrs Braithwaite and Company (India) Limited was engaged in the manufacture and production of railway wagons, structural Heel works for bridges and heavy workshop buildings, pressed steel tanks, cranes, road rollers, jute carding machines, roll formers, power sweepers, grey iron castings and steel forgings and also in the.....
List Judgments citing this sectionBurn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Complete Act
State: Central
Year: 1976
.....under sub-section ( 1 ) and on receipt of such direction, it shall be the duty of the Government company to discharge such liability. SECTION 25: ACT TO HAVE OVERRIDING EFFECT The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in-any decree or order of any court,-tribunal or other authority. SECTION 26: CONTRACTS TO CEASE TO HAVE EFFECT UNLESS RATIFIED BY THE CENTRAL GOVERNMENT OR GOVERNMENT COMPANY (1) Every contract entered into by either of the two companies m relation to any of its undertakings which have vested in the Central Government under section 3-for any service, sale or supply, and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from the date of promulgation of the Ordinance, cease to have effect unless such contract is before the expiry of that period, ratified, in writing, by the Central Government or Government company, and in ratifying such contract the Central Government or Government company may make such iteration or.....
List Judgments citing this sectionBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Chapter II
Title: Acquisition and Transfer of the Undertakings of the Company
State: Central
Year: 1976
.....against that Government company. (2) For the removal of doubts, it is hereby declared that,- (a) save as otherwise expressly provided in this section or in any other provision of this Act, no liability of the Company in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6 to vest in a Government company, against that Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6 to vest in a Government company, against that Government company; (c) no liability incurred by the Company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6, to vest in a Government company, against that.....
View Complete Act List Judgments citing this sectionBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Section 4
Title: General Effect of Vesting
State: Central
Year: 1976
.....other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interest, payment of the mortgage money or other duties, in whole or in part, out of the amounts specified in section 7, and also out of the monies determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government. (5) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the Central Government, under section 3, instituted or preferred by or against the Company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of transfer of the undertakings of the Company or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government, or where the undertakings of the Company are directed under section 6, to vest in a Government company, against that Government company.
View Complete Act List Judgments citing this sectionBurn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Chapter II
Title: Acquisition of the Undertakings of the Two Companies
State: Central
Year: 1976
.....and all other documents of whatever nature relating thereto, and shall also be deemed to include the liabilities and obligations specified in sub-section (2) of section 5. (2) All properties as aforesaid which have vested in the Central Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such property shall be deemed to have been withdrawn. (3) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (3) or any other person holding any charge, lien or other interest in, or in.....
View Complete Act List Judgments citing this sectionBurn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Section 4
Title: General Effect of Vesting
State: Central
Year: 1976
.....and all other documents of whatever nature relating thereto, and shall also be deemed to include the liabilities and obligations specified in sub-section (2) of section 5. (2) All properties as aforesaid which have vested in the Central Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such property shall be deemed to have been withdrawn. (3) Every mortgagee of any property which has vested under this Act in the Central Government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (4) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (3) or any other person holding any charge, lien or other interest in, or in.....
View Complete Act List Judgments citing this sectionAssam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976 Complete Act
State: Central
Year: 1976
.....company as defined in (Companies Act, 1956) and having its registered office at Gauhati in the State of Assam; (d) "Refractory Plant" means the refractory manufacturing plant, owned by the Company, situated near Ramgarh in the State of Bihar; (e) "specified date" means such date as the Central Government may, by notification in the Official Gazette, specify in re!ation to any provision of this Act and differentiates may be specified in relation to different provisions of this Act; (f) words and expressions used herein and not defined but defined in (Companies Act, 1956) have the meanings respectively assigned to them in that Act. CHAPTER 2: ACQUISITION OF THE REFRACTORY PLANT: SECTION 3: Refractory Plant to vest in the Central Government: On the appointed day, the Refractory Plant shall, by virtue of this Act, stand transferred to, and the right, title and interest of the Company in relation to its Refractory Plant shall vest absolutely in, the Central Government. SECTION 4: Power of Central Government to direct vesting of the Refractory Plant in a Government company: (1) Notwithstanding anything contained in (section 3), the Central Government may, if it is.....
List Judgments citing this sectionThe Punjab Betterment Charges and Acreage Rates (Haryana Repealing) Act, 1976 Complete Act
State: Haryana
Year: 1976
.....PUNJAB BETTERMENT CHARGES AND ACREAGE RATES (HARYANA REPEALING) ACT, 1976 THE PUNJAB BETTERMENT CHARGES AND ACREAGE RATES (HARYANA REPEALING) ACT, 1976 (Haryana Act No. 15 of 1976) [Received the assent of the Governor of Haryana on the 9th February, 1976, and first published, for general information in the Haryana Government Gazette (Extraordinary), Legislative Supplement Part 1of 16th February, 1976.] An Act to repeal the Punjab Betterment Charges and Acreage Rates Act, 1952. Be it enacted by the Legislature of the State of Haryana in the Twenty- seventh Year of the Republic of India as follows:" 1. Short title and commencement. This Act may be called the Punjab Betterment Charges andAcreage Rates (Haryana Repealing) Act,1976. (2) It shall be deemed to have come into force on the 1st day of July, 1975. 2. Repeal of Punjab Act 2 of 1953. The Punjab Betterment Charges and Acreage Rates Act, 1952, inits application to the State of Haryana, is hereby repealed: Provided that such repeal shall not" (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of the Act so repealed or.....
List Judgments citing this sectionThe Maharashtra Housing and Area Development Act, 1976 Complete Act
State: Maharashtra
Year: 1976
THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976 THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976 An Act to unify, consolidate and amend the laws relating to housing, repairing and reconstructing dangerous building and carrying out improvement works in slum areas. 1[WHEREAS, on account of the rapid growth of industries in the urban areas and the fast growth of population and commercial activities in such area, the need of housing accommodation could not be met by the limited house construction activities in the private sector; AND WHEREAS, in the urban areas and particularly in the 2[Brihan Mumbai] the old buildings which have outlived their lives and rendered themselves in a bad state of repairs and presented a dangerous possibility of collapse, necessity was increasingly felt to take up the programme of repairs and reconstructions of such buildings; AND WHEREAS, due to acute shortage of accommodation in the urban area such have come up which necessitated taking up improvement works in slum areas; AND WHEREAS, the magnitude of the housing programme for construction of new houses throughout the State and the task of repairs and reconstruction of old and.....
List Judgments citing this sectionThe Bonded Labour System (Abolition) Act, 1976 Complete Act
State: Delhi
Year: 1976
.....paid, for the same or similar labour, to the labourers working in the same locality; (j) "prescribed" means prescribed by rules made under this Act. 3. Act to have over-riding effect .- The provisions of this Act shall have effect notwithstanding anything in consistent therewith contained in any enactment other than this Act, or in any instrument having effect by virtue of any enactment other than this Act. CHAPTER II ABOLITION OF BONDED LABOUR SYSTEM 4. Abolition of bonded labour system. - (1) On the commencement of this Act, the bonded labour system shall stand abolished any every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour. (2) After the commencement of this Act, no person shall - (a) make any advance under, or in pursuance of, the bonded labour system, or (b) compel any person to render any bonded labour or other form of forced labour. COMMENTS The bonded labour system has been abolished from 25th October, 1975 and every bonded labourer has been set free and has been discharged from any obligation to render any bonded labour from this date. No person is allowed to make an advance under,.....
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