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Smith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act, 1977 Chapter VI

Title: Commissioner of Payments

State: Central

Year: 1977

.....meaning of sections 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 the decision of the Commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whole jurisdiction the registered office of the Company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal shall lie to the High Court at Assistant Commissioner and such appeal shall be heard and disposed of by not less than two Judges of that High Court. Section 21 - Disbursement of money by Commissioner to claimants After admitting a claim under this Act, the amount due in respect of such claims shall be paid by the Commissioner to the person or persons to whom such sums are due, and, on such payment, the liability of the Company in respect of such claim shall stand discharged. Section 22 - Disbursement of amounts to the Company (1) If, out of the monies paid to him in relation.....

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Smith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 20

Title: Admission or Rejection of Claims

State: Central

Year: 1977

..... (c) the reception of evidence on affidavits;(d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 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 the decision of the Commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whole jurisdiction the registered office of the Company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal shall lie to the High Court at Assistant Commissioner and such appeal shall be heard and disposed of by not less than two Judges of that High Court.

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Gresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Chapter VI

Title: Commissioner of Payments

State: Central

Year: 1977

.....meaning of sections 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 the decision of the Commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whole jurisdiction the registered office of the Company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal shall lie to the High Court at Calcutta, and such appeal shall be heard and disposed of by not less than two Judges of that High Court. Section 21 - Disbursement of money by the Commissioner to claimants After admitting a claim under this Act, the amount due in respect of such claims shall be paid by the Commissioner to the person or persons to whom such sums are due, and, on such payment, the liability of the Company in respect of such claim shall stand discharged. Section 22 - Disbursement of amounts to the Company (1) If, out of the monies paid to him in relation to the.....

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Gresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 20

Title: Admission or Rejection of Claims

State: Central

Year: 1977

..... (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 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 the decision of the Commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whole jurisdiction the registered office of the Company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal shall lie to the High Court at Calcutta, and such appeal shall be heard and disposed of by not less than two Judges of that High Court.

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Gresham and Craven of India (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Complete Act

State: Central

Year: 1977

.....took over the management of the company on the 31st March, 1971, under the provisions of Section 18A of the Industries (Development and Regulation) Act, 1951. The factory was reopened on the 12th April, 1971. The company is mainly engaged in the manufacture of rolling stock components of the Indian Railways, such as vacuum brake equipment, ejectors, steam valves, vacuum exhausters etc. After takeover of the management by the Central Government, there had been considerable progress in the production performance of the company. The actual production for the year 1976-77 had been of the order of Rs. 177 lakhs. After careful consideration of the whole matter, the Government decided to acquire the undertakings of this company. At the time of takeover of the management of the company, it was clear that it was not possible for the company to meet all its past dues. Accordingly, moratorium was imposed on the 14th August, 1972 in accordance with the provisions ofSec. 18FB of the Industries (Development and Regulation) Act, 1951, on realisation of the dues from the company. The period of this moratorium which cannot exceed five years in aggregate, expired on the 13th August. 1977, since.....

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Smith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act Complete Act

State: Central

Year: 1977

.....the Central Government or the Government company shall not omit. to ratify a contract, and shall not make any alteration or modification in a contract, 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 Government Company. (2) The Central Government or Government company shall not omit to ratify a contract, and shall not make any alteration or modification therein, 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: PENALTIES Any person who,- (a) having in his possession, custody or control any property forming part of the undertakings of the Company wrongfully withholds such property from the Central Government or the Government company or any person or body of persons authorised by that Government or Government company; or (b) wrongfully obtains possession, of or retains, any property forming part of the undertakings of the Company or wilfully withholds or fails to furnish to.....

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