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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Preamble 1

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

State: Central

Year: 1978

.....the right, title and interest of Arthur Butler and Company in relation to the undertakings owned by it, with a view to ensuring the continued manufacture of railway wagons as other goods essential to the needs of the country in general and the railways in particular, and for matters connected therewith or incidental thereto. WHEREAS Britannia engineering company at the Mokameh unit and Arthur Butler and company were engaged in the manufacture of railway wagons and other goods; And WHEREAS as a result of the closure of the wagon and other undertakings owned by the companies aforesaid there was a substantial fall in the manufacture of railway wagons and other goods; And WHEREAS for the purpose of bringing the closed works of the companies aforesaid into operation the management of the Mokameh unit of Britannia of Arthur Butler and Company were taken over by the Central Government under the Industries (Development and Regulation) Act, 1951 (65 of 1951); And WHEREAS it is necessary to acquire the said wagon and other undertakings to ensure the continued manufacturer of railway wagons and other goods which are essential to the needs of the country in general, and the.....

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 6

Title: Britannia Engineering Company and Arthur Butler and Company to Be Liable for Certain Prior Liabilities

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.....

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 23

Title: Disbursement of Amounts to Britannia Engineering Company and Arthur Butler and Company

State: Central

Year: 1978

(1) If out of the monies paid to in relation to the Mokameh unit or in relation to any undertaking owned by Arthur Butler and Company there is a balance left Arthur meeting the liabilities as specified to Britannia's engineering company or as the case may be to Arthur Butler and Company. (2) Where the possession of any machinery equipment or other property has vested in the Central Government or the Government Company under this act but such machinery equipment or other property does not belong to Britannia's Engineering Company or as the case may be Arthur Butler and Company it shall be lawful for the Central Government to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by Britannia Engineering Company or as the case may be Arthur Butler and Company immediately before the appointed day.

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

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

State: Central

Year: 1978

.....claims Section22 - Disbursement of money by Commissioner Section23 - Disbursement of amounts to Britannia Engineering Company and Arthur Butler and Company Section24 - Undisbursed or unclaimed amount to be deposited with the general revenue account Chapter VII Section25 - Act have overriding effect Section26 - Contracts to cease to have effect unless ratified by the Central Government or the Government Company Section27 - Penalties Section28 - Offences by companies Section29 - Protection of action taken in good faith Section30 - Delegation of Powers Section31 - Power to make rules Section32 - Power to remove difficulties Section33 - Declaration as to the policy of the State ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE

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

Title: Commissioner of Payments

State: Central

Year: 1978

.....meaning of section 193 and 228 of the Indian Penal code (45 of 1860) 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 (2 of 1974). (7) A claimant who is dissatisfied with 4h decision of the Commissioner may prefer an appeal against the decision to the principle court of original jurisdiction within the local limits of whose jurisdiction the Mokameh unit or as the cad may be the registered office of Arthur Butler and Company 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 of the State in which the registered office of Britannia Engineering Company or as the case may be Arthur Butler and Company is situated and such appeal shall be heard and disposed of by not less than tow judges of that High Court. Section 22 - Disbursement of money by Commissioner After admitting the claim under this Act the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such sums are due and on such payment the liability of Britannia engineering.....

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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.....

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Britannia Engineering Company Limited (Titagarh Unit) (Acquisition and Transfer of Undertakings) Act, 1984 Complete Act

State: West Bengal

Year: 1984

.....AND TRANSFER OF UNDERTAKINGS) ACT, 1984 BRITANNIA ENGINEERING COMPANY LIMITED (TITAGARH UNIT) (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1984 43 of 1984 30th July, 1985 An Act to provide for the acquisition and transfer, in the public interest, of the undertakings of Britannia Engineering Company Limited (Titagarh Unit), and for matters connected therewith or incidental thereto. Whereas Britannia Engineering Company Limited (Titagarh Unit) had been engaged in the manufacture and production of road rollers, tea processing machineries, jute mill machineries, railway equipments and heat exchangers; And Whereas the management of the undertakings of Britannia Engineering Company Limited (Titagarh Unit) had been conducted in a manner highly detrimental to the public interest; And Whereas the management of the undertakings of Britannia Engineering Company Limited (Titagarh Unit) was taken over by the Central Government under section 18FA of the Industries (Development and Regulation) Act, 1951; And Whereas or the purpose of reconstructing and rehabilitating the undertakings of Britannia Engineering Company Limited (Titagarh Unit) so as to subserve the interests of the.....

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

Title: Payment of Amount

State: Central

Year: 1978

.....of the creditors of the respective company from the amount due, respectively to Britannia engineering company and Arthur and company under sub-section (1). Section 8 - Payment of further amount (1) for the deprivation of Britannia engineering company of the management of the Mokameh unit and for the deprivation or Arthur Butler and Company of the management if the undertakings owned by it, there shall be given in cash by the Central Government to the respective company in addition to the amount specified in section 7 and amount computed at the rate of ten thousand rupees per annum for the or as the case may be such undertakings was taken over by the Central Government under the Industries (Development and regulation) Act, 1951 (65 of 1951) and ending with the appointed day. (2) In consideration of the retrospective operation of the provisos of sections 34 and 6 there shall also be given in cash by the Central Government to Britannia engineering company and to Arthur Butler and Company an amount equal to an amount calculated at the rate of ten thousand rupees per annum for the period commencing on the appointed day and ending with the date on which this act receives.....

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 7

Title: Payment of Amount

State: Central

Year: 1978

(1) for the transfer to, and vesting, in the Central Government, under section 3,- (a) of the Mokameh unit and the right title and interest of Britannia engineering company in relation to that unit and (b) of the undertakings owned by Arthur Butler and Company and the right title and interest of Arthur Butler and Company in relation to those undertakings, there shall be given by the Central Government to Britannia engineering company and Arthur Butler and Company in cash and in the manner specified in chapter v1, an amount equal to the amount specified, respectively in the first Schedule against Britannia engineering company and Arthur Butler and Company. (2) For the removal of doubts it is hereby declared that the liabilities of- (i) Britannia engineering company in relation to the Mokameh unit and (ii) Arthur Butler and Company in relation to the undertakings owned by it, shall be met in accordance with the rights and interests of the creditors of the respective company from the amount due, respectively to Britannia engineering company and Arthur and company under sub-section (1).

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

Title: Preliminary

State: Central

Year: 1978

.....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 (1 of 1956) have the meanings, respectively assigned to them in that Act.

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