Bare Act Search Results

Britannnia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertakings Act, 1978 Complete Act

State: Central

Year: 1978

.....Commissioner of Payments appointed under lection 15; (e) "Government company" means a company within the meaning of section 617 of the Companies Act, 1956-and referred to in section 5-of this Act; (f) "Mokameh unit" means the wagon and other undertakings owned by Britannia Engineering Company at Mokameh, in the State of Bihar; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "specified date" in relation to any provision of this Act, means such date as the Central Government may, by notification, specify for the purpose of that provision and different dates may be specified for different provisions of this Act; (j) "wagon and other undertaking" means the undertaking which is engaged in the manufacture of railway wagons and other goods; (k) words and expressions used herein and not defined but defined in the Companies Act, 1956-, have the meanings, respectively, assigned to them in that Act. CHAPTER 02: ACQUISITION AND TRANSFER OF MOKAMEH UNIT AND UNDERTAKINGS OF ARTHUR BUTLER AND COMPANY SECTION 04: GENERAL EFFECT OF VESTING (1) The Mokameh unit, and the undertakings of.....

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Complete Act

State: Central

Year: 1978

.....Corporation being the Authorised Controller. The period of the management will expire on the 11th March, 1979. The Company is engaged in the manufacture of agricultural tractors. After the take over of the management of the undertakings of the Company, The production in the Company, which had come to a standstill in November, 1972, has progressively improved. The net losses have come down from the level of Rs. 80 lakhs for the year ending March, 1973 to Rs.9 lakhs for the year ending March, 1977 and during 1977-78 they expect to achieve a nominal net profit of Rs.1 lakh. After careful consideration of the whole matter and with a view to improving the technical and economic viability of the undertakings, the Central Government have decided to acquire the undertakings of the Company and vest them in the State Government of Gujarat. 2. At the time of take over of the management of the undertakings of the Company, it was clear that it was not possible for the Company to meet all its past dues. Accordingly, the Central Government issued an order on the 26th April, 1973, under section 18FB of the Industries (Development and Regulation) Act, 1951, suspending the operation of all the.....

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Chapter II

Title: Transfer to and Vesting in the Central Government of the Company

State: Central

Year: 1978

.....company, against that Government company. __________________ 1. Inserted and deemed always to have been so inserted by Act 50 of 1980, Section 2. Section 6 - Vesting of the undertakings of the Company in the State Government of Gujarat (1) Notwithstanding anything contained in sections 3 and 4, the Central Government shall, as soon as may be, after the commencement of this Act, direct, by notification, that the undertakings of the Company, and the right, title and interest of the Company in relation to its undertakings, which have vested in the Central Government under section 3 and such of the liabilities of the Company as are specified in sub-section (2) of section 5, shall, instead of continuing to vest in the Central Government, vest in the State Government of Gujarat either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification. (2) Where the right, title and interest of the Company in relation to its undertakings and the liabilities of the Company specified in sub-section (2) of sections vest in the State Government under sub-section (1), the State.....

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Section 4

Title: General Effect of Vesting

State: Central

Year: 1978

.....and all other documents of whatever nature relating thereto and shall be deemed to include the liabilities and obligations specified in sub-section (2) of section 5. (2) All property 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 encumbrances affecting them, and any attachment, injunction, decree or order of any Court, Tribunal, officer or other authority restricting the use of such property in any manner shall be deemed to have been withdrawn. (3) Where any licence or other instrument in relation to the undertakings of the Company had been granted at any time before the appointed day, to the Company by the Central Government, a State Government or any other authority, the Central Government, the State Government of Gujarat or, as the case may be, the Government company in which the right, title and interest of the Company in relation to its undertakings have vested under section 7, shall on and from the appointed day, be deemed to be substituted in such licence or other instrument in place of the Company referred to.....

Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Chapter II

Title: Acquisition and Transfer of Mokameh Unit and Undertakings of Arthur Butler and Company

State: Central

Year: 1978

.....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 section of this act,- (i) no liability of Britannia engineering company in relation to the Mokameh unit and (ii) no liability of Arthur Butler and Company in relation to the undertakings owned by it, in respect of any period prior to the appointed day shall be enforceable against the Central Government or the Government Company as the case may be; (b) no award decree or order of any court tribunal or other authority in relation to the Mokameh unit or in relation to the undertakings owned by Arthur Butler and Company passed after the appointed day in respect of any matter claim or dispute which arose before that day shall be enforceable against Central Government or the Government Company, as the case may be; (c) no liability incurred before the appointed day by- (i) Britannia engineering company in relation to the Mokameh unit or (ii) Arthur Butler and Company in relation to the undertakings owned by it, for the contravention of any provision of law for the time being in force shall be enforceable against the Central.....

Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 4

Title: General Effect if Vesting

State: Central

Year: 1978

.....and other documents of whatever nature relating thereto. (2) All properties as aforesaid which have vested in the Central Government under section 3 shall be force of such vesting be freed and discharged from any trust, obligation mortgage charge lien and all other encumbrances affecting it, and any attachment, injunction or decree or order of any court or other authority, restricting the use of such whole or any part of such properties 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 and in such manner as may be prescribed an intimation to the Commissioner of such mortgage, charge 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 and charge lien or other interest in, or in relation to any such property shall be entitled to claim, in accordance with his rights and interests, payments of the mortgagee money or other dues in whole or in part out.....

Maintenance of Internal Security (Repeal) Act, 1978 Complete Act

State: Central

Year: 1978

MAINTENANCE OF INTERNAL SECURITY (REPEAL) ACT, 1978 MAINTENANCE OF INTERNAL SECURITY (REPEAL) ACT, 1978 27 of 1978 3rd August, 1978 STATEMENT OF OBJECTS AND REASONS In accordance with the policy of Government regarding preventive detention as declared in the statement on the subject made in both Houses of Parliament on the 23rd March, 1978, the Code of Criminal Procedure (Amendment) Bill, 1977, was withdrawn with the leave of Lok Sabha on the 30th March, 1978. This Bill seeks to repeal the Maintenance of Internal Security Act.-Gaz. of India, 19-4-1978, Pt. II, section 2, Ext" p. 398. An Act to repeal the Maintenance of Internal Security Act, 1971. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows :- SECTION 01: SHORT TITLE - This Act may be called The Maintenance of Internal Security (Repeal) Act, 1978, SECTION 02: REPEAL OF ACT 26 OF 1971 - The Maintenance of Internal Security Act, 1971, is hereby repealed. Central Bare Acts

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Chapter IV

Title: Management, Etc. of the Undertakings of the Company

State: Central

Year: 1978

.....company as the Custodian of the undertakings of the Company in relation to which no direction has been made by it under sub-section (1) of section 7. Section 11 - Duty to deliver possession of property acquired and documents relating thereto (1) On the vesting of the management of the undertakings of the Company in the State Government under section 6, every person in whose possession or custody or under whose control any property referred to in sub-section (1) of section 4 may be, shall deliver the property to the State Government forthwith. (2) Any person, Who on the appointed day has in his possession or under his control any books, documents or other papers relating to the undertakings of the Company which has vested in the State Government under section 6 and which belong to the Company, or, would have so belonged if the undertakings of the Company had not vested in the State Government, shall be liable to account for the said books, documents or other papers to the State Government and shall deliver them up to the State Government. (3) The State Government may take or cause to be taken, all necessary steps for securing possession of all properties which.....

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Section 12

Title: Accounts to Be Rendered by the Company or Any Other Person

State: Central

Year: 1978

.....may refer the matter to the Commissioner and thereupon the Commissioner shall determine the income derived by the Company or such other person from such undertakings or any part thereof during the period referred to in sub-section (1) and take steps to recover the said income or other moneys from the Company or such other person and from the amount payable to the Company under this Act as if the debt due to the Central Government, the State Government or the Government company on this account were an unsecured debt. (4) No mortgage, charge, lien or other encumbrance in relation to the undertakings of the Company or any part thereof shall be binding on the Central Government, the State Government or the Government company, if such mortgage charge, lien or other encumbrance was created, at any time during the period in which the Authorised Controller was, and the Central Government, the State Government or the Government company, as the case may be, is, prevented, by any decree, order or injunction of any court or otherwise, from taking over the management of the undertakings or any part thereof.

Sugar Undertakings (Taking over of Management) Act, 1978 Complete Act

State: Central

Year: 1978

.....the Ordinance. Gaz. of Ind.. 19-2-1979, Pt. II. S. 2, Ext., p. 3. Amending Act 44 of 1981.- The Sugar Undertakings (Taking Over of Management) Act, 1978 was enacted for enabling the Central Government to take over the management of sugar undertakings for a period not exceeding three years with the object of ensuring the reduction of cane prices arrears and the continued operation of the units. Under the Act. at present eight sugar undertakings are under the management of the Central Government. 2. For achieving the objectives of the Act. Government had to advance loans towards working capital, including payment of cane price dues. to the undertakings taken over under the Act. This has produced good results both in terms of cane crushing and recovery percentage. However, the period of three years for which the management of the undertakings can be retained with the Central Government under the Act has been found to be too short to put the taken over undertakings on a sound footing and to achieve fully the objectives of the Act. In the light of the experience gained in the working of the Act, it is felt that for achieving fully the objectives of the Act it would be necessary.....