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National Security Act, 1980 Complete Act

Title: National Security Act, 1980

State: Central

Year: 1980

Preamble1 - NATIONAL SECURITY ACT, 1980 Section1 - Short title and extent Section2 - Definitions Section3 - Power to make orders detaining certain persons Section4 - Execution of detention order Section5 - Power to regulate place and conditions of detention Section5A - Grounds of detention severable Section6 - Detention orders not to be invalid or in-operative on certain grounds Section7 - Powers in relation to absconding persons Section8 - Grounds of order of detention to be disclosed to persons affected by the order Section9 - Constitution of Advisory Boards Section10 - Reference to Advisory Board Section11 - Procedure of Advisory Board Section12 - Action upon the report of the Advisory Board Section13 - Maximum period of detention Section14 - Revocation of detention orders Section14A - Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards Section15 - Temporary release of persons detained Section16 - Protection of action taken in good faith Section17 - Act not to have effect with respect to detentions under State laws Section18 - Repeal and saving

Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 Complete Act

State: Central

Year: 1980

.....expiry of that period, ratified, in writing, by the Central Government or Government company, in which such undertakings have been vested under this Act, and in ratifying such contract, the Central Government or such Government company may make such alteration or modification therein as it may think fit: Provided that the Central Government or such Government company shall not omit to ratify a contract and shall not make any alteration of modification in a contract- (a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the Central Government or such Government company, and (b) 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. SECTION 27: PROTECTION OF ACTION TAKEN IN GOOD FAITH (1) No suit, prosecution or other legal proceeding shall lie against the Central Government or any officer of that Government or the Government company or the Custodian or any officer or other person authorised by the Central Government or the.....

Bird and Company Limited (Acquisition and Transfer of Undertakings and Other Properties) Act, 1980 Complete Act

State: Central

Year: 1980

.....to be provided by the Central Government 3. Messrs. Bird and Company Limited is a lading company in a group of 23 other companies engaged in manufacturing, mining, trading and investment activities. While two of the companies are subsidiaries of the Company, the other companies in the group are under varying degrees of control of the company through its direct shareholding or by shareholding by the investment companies in the group. The Company provides marketing and management services to some of the group companies. The manufacturing companies in the group are engaged in production of goods which are vital to the needs of' the country. There had been .several allegations against the management of some of these companies indicating misuse of the companies, mismanagement, misfeasance or malfeasance. The Company Law Board ordered investigations in 1977 under section 237 (b) of the Companies Act, 1956, in respect of some of these companies. Four of the companies have already been nationalised. Management of two of the companies has been taken over under the provisions of the Industries ( Development and Regulation) Act. 1951. It was in the public interest to acquire the.....

National Company Limited (Acquisition and Transfer of Undertakings) Act, 1980 Complete Act

State: Central

Year: 1980

.....if such transfer had not been made, and the order, if any, for payment of the claim being treated as an order for the refund of revenue. 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: ASSUMPTION OF LIABILITY (1) Where any liability of the Company arising out of any item specified in any category in Part I of the Schedule is not discharged fully by the Commissioner out of the amounts paid to him under this Act, the Commissioner shall intimate in writing to the Central Government the extent of the liability which remains undischarged and that liability shall be assumed by the Central Government. (2) The Central Government may, by order, direct the existing, or new. Government company in which the undertakings of the Company become vested by virtue of any direction made under sub-section (1) of section 5 or declaration made under sub-section (1) of section 6, to take over the liability.....

Bengal Chemical and Pharmaceutical Works Limited (Acquisition and Transfer of Undertakings) Act, 1980 Chapter II

Title: Acquisition and Transfer of the Undertakings of the Company

State: Central

Year: 1980

.....all assets, rights, lease-holds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, offices, factories, workshops, stores, instruments, plants, machinery and equipment, installations, laboratories, office furniture, stationary and equipment, vehicles, patents, trade marks, cash balances, cash on hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of such property as were immediately before the appointed day in the ownership, possession, power or control of the Company, whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto. (2) All properties and assets 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 them, and any attachment, injunction, decree or order of any court or other authority restricting the use of such properties or assets in any manner or appointing any receiver in respect of the whole or any part of such properties or assets.....

National Company Limited (Acquisition and Transfer of Undertakings) Act, 1980 Section 4

Title: General Effect of Vesting

State: Central

Year: 1980

.....claim, in accordance with his rights and interests, payment of the mortgage money or other dues in whole or in part, out of the amounts specified in section 8 and also out of the amounts determined under section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government. (5) Any licence or other instrument granted to the Company in relation to any undertaking which has vested in the Central Government under section 3 at any time before the appointed day and in force immediately before the appointed day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking, and on and from the date of vesting of such undertaking, under section 5, in an existing Government company, or under section 6, in a new Government company, the existing, or new, Government company, as the case may be, shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such existing, or new, Government company and such existing, or new, Government company shall hold it for the remainder.....

National Company Limited (Acquisition and Transfer of Undertakings) Act, 1980 Chapter II

Title: Acquisition and Transfer of the Undertaking of the Company

State: Central

Year: 1980

.....Government company (1) Notwithstanding anything contained in sections 3 and 4, where the undertakings of the Company have been directed, under sub-section (1) of section 5, to vest in an existing Government company, the Central Government may, if it is satisfied that a new Government company is willing to comply, or has complied with such terms and conditions as that Government may think fit to impose, declare, by notification, that the undertakings of the Company be transferred to that new Government company; and on the issue of such declaration, the right, title and interest of the Company in relation to its undertakings, which had been directed under sub-section (1) of section 5 to vest in an existing Government company, shall, instead of continuing to vest in that existing Government company vest in that new Government company with effect from the date on which such declaration is made. (2) Where the right, title and interest of the existing Government company in relation to the undertakings of the Company vest under sub-section (1) in a new Government company, that new Government company shall, on and from the date of such vesting, be deemed to have become the owner in.....

Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 Chapter II

Title: Acquisition and Transfer of the Undertaking of the Company

State: Central

Year: 1980

.....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; (c) no liability incurred by the Company before the appointed day, for the contravention of a provision of any 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 Government company. Section 6.....

Bengal Chemical and Pharmaceutical Works Limited (Acquisition and Transfer of Undertakings) Act, 1980 Section 4

Title: General Effect of Vesting

State: Central

Year: 1980

.....accordance with its tenor in relation to and for the purposes of such undertakings, and, on and, from the date of vesting of such undertaking, under section 6, in an existing Government company, or under section 7, in a new Government company, the existing, or new Government company, as the case may be, shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such existing, or new Government company and such existing or new-Government Company shall hold it for the remainder the period for which the Company would have held it under the terms thereof. (6) If, on the appointed day, any suit, appeal or other proceeding, of whatever nature in relation to any property or asset 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, he discontinued or be in any way prejudicially affected by reason of the 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.....

Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 Section 4

Title: General Effect of Vesting

State: Central

Year: 1980

.....discharged from any trust, obligation, mortgage charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any Court restraining the use of such properties in any manner 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, 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 relation to, any such property shall be entitledto claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part,out of the amount specified in section 7, but no such mortgage, charge, lien or other interest shall be enforceable againstany property which has vested in the Central Government. (5) Any licence or other instrument.....