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Start Free TrialTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Complete Act
Title: Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985
State: Central
Year: 1985
.....the general revenue account Chapter VII Section23 - Act to have overriding effect Section24 - Assumption of liability Section25 - Management to continue to vest in certain persons until alternative arrangements have been made Section26 - Contracts to cease to have effect unless ratified by the Tea Trading Corporation Section27 - Penalties Section28 - Offences by companies Section29 - Protection of action taken in good faith Section30 - Tea companies not to be wound up by the court Section31 - Delegation of powers Section32 - Power to make rules Section33 - Power to remove difficulties Section34 - Repeal and saving ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE Amending ActI - THE TEA COMPANIES (ACQUISITION AND TRANSFER OF SICK TEA UNITS) AMENDMENT ACT, 1991
List Judgments citing this sectionTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Amending Act I
Title: The Tea Companies (Acquisition and Transfer of Sick Tea Units) Amendment Act, 1991
State: Central
Year: 1985
THE TEA COMPANIES (ACQUISITION AND TRANSFER OF SICK TEA UNITS) AMENDMENT ACT, 1991 [Act, No. 56 of 1991] [21st December, 1991] An Act to amend the Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985. BE it enacted boy Parliament in the Forty-second Year of the Republic of India as follows:- 1. Short title This Act may be called the Tea Companies (Acquisition and Transfer of Sick Tea Units) Amendment Act, 1991. 2. Amendment of section 16 of Act 37 of 1985 Section 16 of the Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:- "(2) Notwithstanding anything contained in sub-section (1), all the claims preferred before the Commissioner after the period or the further period specified in that sub-section but on or before the 27th day of July, 1989, shall be deemed to have been validly preferred.".
View Complete Act List Judgments citing this sectionTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Chapter II
Title: Acquisition and Transfer of the Sick Tea Units of the Tea Companies
State: Central
Year: 1985
.....account, registers and all other documents of whatever nature relating thereto and shall also be deemed to include the liabilities specified in sub-section (1) section 24. (2) All properties as aforesaid which have vested in the Tea Trading Corporation under sub-section (2) of 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 or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. (3) Every mortgage of any property which has vested under this Act in the Tea Trading Corporation and every person holding any charge, lien or other interest in, or 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.....
View Complete Act List Judgments citing this sectionTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Preamble 1
Title: Tea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985
State: Central
Year: 1985
.....Proper reorganisation and management of such tea units so as to sub serve the interests of the general public by augmenting the production and manufacture of different varieties of tea which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto. WHEREAS the sick tea units specified in the First Schedule had been engaged in the production and manufacture of different varieties of tea; AND WHEREAS the management of the said tea units was taken over by the Central Government under the Tea Act, 1953; (29 of 1953) AND WHEREAS the Central Government had invested large sums of money with a view to making the said tea units viable; AND WHEREAS further investment of large sums of money is necessary for reorganising and rehabilitating the said tea units; AND WHEREAS the acquisition by the Central Government of the said tea units is necessary to enable it to invest such large sums of money and to protect the large investments already made and also the interests of the workmen employed therein by proper reorganisation and management of the said tea units and thereby to augment the production and manufacture of different.....
View Complete Act List Judgments citing this sectionTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Complete Act
State: Central
Year: 1985
.....Act, 1953 shall have the meanings respectively assigned to them in that Act; (j) words and expressions used herein and not defined either in this Act or in the Tea Act, 1953, but defined in the Companies Act, 1956 shall have the meanings respectively assigned to them in the Companies Act, 1956. SECTION 03: ACQUISITION OF RIGHTS OF TEA COMPANIES IN RESPECT OF SICK TEA UNITS (1) On the appointed day every sick tea unit and the right, title and interest of every tea company in relation to its sick tea units or, as the case may be, sick tea unit shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. (2) Every sick tea unit which stands vested in the Central Government by virtue of sub-section (1) shall, immediately after it has so vested, stand transferred to, and vested in, the Tea Trading Corporation. SECTION 04: GENERAL EFFECT OF VESTING (1) Every sick tea unit shall be deemed to include all assets, rights, lease-holds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand reserve funds' investments, book.....
List Judgments citing this sectionThe Maharashtra Sales Tax on the Transfer of the Right to Use Any Goods for Any Purpose Act, 1985 Complete Act
State: Maharashtra
Year: 1985
.....any variation in respect thereof. CHAPTER II INCIDENCE AND LEVY OF TAX SECTION 03: INCIDENCE OF TAX . : Subject to the provisions contained in this Act and the rules made there under a tax shall be leviable on the turnover of sales in respect of (i) the transfer of the right to use any goods agreed to before the appointed day but the right to use is exercised on or after the appointed day; (ii) the transfer of right to use any goods agreed to prior to the appointed day, and wherein the right to use has been continued after the appointed day, to the extent of the sale price received or receivable in respect of such use on or after the appointed day; and (iii) the transfer of right to use any goods agreed to on or after the appointed day. SECTION 04: LEVY OF TAX There shall be levied a tax on the turnover of sales in respect of the transfer of the right to use goods specified in the Schedule, at such rate not exceeding fifteen paise in the rupee, as the State Government may; by notification in the Official Gazette, specify from time to time; 1[and different rates may be specified for different goods specified in the Schedule]. These words were added by Mah. 23 of 1986, S. 3 ......
List Judgments citing this sectionHOOGHLY DOCKING AND ENGINEERING COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS' ADMINISTRATION OF FUNDS RULES, 1985 Complete Act
State: Central
Year: 1985
.....[Gazette of India, Extraordinary, dated 31.7.1984, Pt. II, Section 2, Page 41 (No. 37)] 1S.O. 53(E).-In exercise of the powers conferred by sub-section (2) of Section 31 of the Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 (55 of 1984), the Central Government hereby makes the following rules, namely,- RULE 01: SHORT TITLE AND COMMENCEMENT (1) These rules may be called the Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Administration of Funds Rules, 1985. (2) They shall come into force on the date of their publication in the Official Gazette. RULE 02: DEFINITIONS In these rules unless the context otherwise requires,- (a) 'Act' means the Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 (55 of 1984); (b) 'Section' means a section of the Act; (c) 'Provident Fund' means the Provident Fund established by Messrs. Hooghly Docking and Engineering Company Limited for the benefit of persons employed in any of the under-takings owned by them. RULE 03: ADMINISTRATION OF FUNDS -The monies standing to the credit of the provident fund,.....
List Judgments citing this sectionElvoc Private Limited (Acquisition and Transfer of Undertakings) Act, 1985 Complete Act
State: West Bengal
Year: 1985
.....and expressions used herein and not defined, but defined in the Companies Act, 1956, shall have the meanings respectively assigned to them in that Act. Section 3 Transfer to, and vesting in, the State Government of the undertakings of the Company On the appointed day, the undertakings of the Company, and the right, title and interest of the Company in relation to its undertakings, shall, by virtue of this Act, stand transferred to and vest in, the State Government. Section 4 General effect of vesting (1) The undertakings of the Company shall be deemed to include all assets (but excluding land), rights, powers, authorities and privileges, and all property including factory sheds, office buildings, plant and machinery, equipments, furniture and fixtures, electrical installations, and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, power or control of the Company, whether within or outside India. (2) All property included as aforesaid in the undertakings which have vested in the State Government under section 3 shall, by force of such vesting, be freed and discharged from any trusts,.....
List Judgments citing this sectionTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Chapter VI
Title: Commissioner of Payments
State: Central
Year: 1985
.....the exclusion of all other persons, any money due to any tea company in relation to its sick tea unit which has vested in the Corporation under sub-section (2) of section 3, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. (2) The Tea Trading Corporation may make a claim to the Commissioner with regard to every payment made by that Corporation, after the appointed day, for discharging any liability of a tea company, not being any liability specified in sub-section (1) of section 24, in relation to any sick tea unit owned by it in respect of 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 Tea Trading Corporation. (3) Save as otherwise provided in this Act, the liabilities of a tea company in relation to any sick tea unit owned by it in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of that company. Section 16 - Claims to be made to the.....
View Complete Act List Judgments citing this sectionTea Companies (Acquisition and Transfer of Sick Tea Units) Act, 1985 Chapter V
Title: Provisions Relating to Employees of the Tea Companies
State: Central
Year: 1985
.....being in force, the transfer of the services of any officer or other person employed in any sick tea unit of any tea company, to the Tea Trading 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. Section 12 - Provident fund and other funds (1) Where a tea company has established a provident fund, superannuation fund, welfare fund or other funds for the benefit of persons employed in a sick tea unit owned by it, the monies relatable to its employees whose services have become transferred by or under this Act to the Tea Trading Corporation shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation funds, welfare fund or other funds, stand transferred to, and vest in, the Tea Trading Corporation. (2) The monies which stand transferred under sub-section (1) to the Tea Trading Corporation, shall be dealt with by that Corporation in such manner as may be prescribed.
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