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

Title: Management Etc., of Mokamen Unit and the Undertakings of Arthur Butler and Company

State: Central

Year: 1978

.....all necessary steps for securing possession of the Mokameh unit and the undertakings of Arthur Butler and Company which have vested in it under section 3. Section 11 - Duty of the companies to furnish particulars Britannia engineering company and Arthur Butler and Company shall within such period as the Central Government may allow in this behalf furnish to that Government a complete inventory of all it propertied and assets as on the appointed day pertaining to the Mokameh unit or as the case may be the undertakings owned by Arthur Butler and Company which has or have vested in the Central Government under section 3 and for this purpose the Central Government or the Government Company shall afford Britannia Engineering company or Arthur butler and company all reusable reasonable facilities. Section 12 - Duty of persons in charge of manage of Mokameh unit pro under takings of Arthur and company to deliver assets etc. On the vesting in the Central Government or the Government Company of the management of the Mokameh unit or of any undertakings owned by Arthur Butler and Company all persons in charge of the management of the Mokameh unit or as the case may be 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 10

Title: Duty to Deliver Possession of Mokameh Unit and Under-takings of Arthur Butler and Company

State: Central

Year: 1978

.....person, who has on the appointed day in his possession or under his control any assets, books documents or other appears requiting to the Mokameh unit or any undertaking owned by Arthur Butler and ?company which has crested in the Central Government or a Government Company under this act, and which belong to Britannia engineering company or as the case may be Arthur Butler and Company or would have to belonged if the Mokameh unit or as the case may be the under Central Government or the Government Company shall be liable to account for the said assets, books documents and other papers to the Central Government or the Government Company and shall deliver them up to the Central Government or the Government Company or to such person or body or persons as the Central Government or the Government Company may specify in this behalf. (3) the Central Government may take or cause to be taken all necessary steps for securing possession of the Mokameh unit and the undertakings of Arthur Butler and Company which have vested in it under section 3.

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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 V

Title: Provisions Relating to Employees of Mokamen Unit and of Arthur Butler and Company

State: Central

Year: 1978

.....and Company to the Central Government or the Government Company 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 14 - Provident fund and other funds (1) where Britannia Engineering Company or Arthur Butler and Company has established a provident fund superannuating fund welfare fund or other fund for the benefit of persons employed in the Mokameh unit or as the case may be any of the undertakings owned by Arthur Butler and Company the monies relatable to the employees whose services or the become transferred by or under this act to the Central Government or the Government Company shall out of the monies standing on the appointed day to the credit of such provident fund, superannuation fund welfare fund or other funds, stand transferred to and vest in the Central Government or the Government Company as the case may be. (2) the monies which stand transferred under sub-section (21) to the Central Government or the Government Company as the case may be shall be dealt with by that Government or 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 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 5

Title: Power of Central Government to Direct Vesting of Mokameh Unit and the Undertakings of Arthur Butler and Company in a Government Company

State: Central

Year: 1978

.....have vested in the Central Government under section 3 shall instead of continuing to vest in the Central Government, vest in the Government Company 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 in relation to the Mokameh unit and in relation to the other undertakings referred to in section 3, vest in a Government Company under sub-section 91) the Government Company shall, on and from the date of such vesting be deemed to have Butler the owned of the Mokameh unit and of the undertakings of Arthur Butler and Company and shall the rights and liabilities of the Central Government in relation to the Mokameh unit and the undertakings of Arthur Butler to have been the rights and liabilities, respectively of the Government Company.

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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 Section 3

Title: Vesting the Central Government of Mokameh Unit and Undertakings of Arthur Butler and Company

State: Central

Year: 1978

On the appointed day,- (i) the Mokameh unit and the right, title and interest of Britannia engineering company in relation to the Mokameh unit and (ii) the undertaking owned by Arthur Butler and Company and the right, title and interest of Arthur Butler and Company in relation to the said undertakings, shall by virtue of this Act, stand transferred to, and shall vest, in the Central Government.

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