Bare Act Search Results

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Chapter VI

Title: Commissioner of Payments

State: Central

Year: 1978

.....regard to every payment made by it after the appointed day for discharging any liability of the Company, not being any liability specified in sub-section (2) of section 5, in relation to 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 Central Government, or the State Government, or the Government company. (3) Save as otherwise provided in this Act, the liabilities of the Company 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 the Company. Section 19 - Claims to be made to the Commissioner Everyperson having a claim against the Company shall prefer such claim before theCommissioner within thirty days from the specified date:1 Providedthat if the Commissioner is satisfied that the claimant was prevented bysufficient cause from preferring the claim within the said period of thirtydays, he may entertain the claim within a further period of thirty days and notthereafter. ________________ 1.1-12-1982 is.....

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Section 22

Title: Admission or Rejection of Claims

State: Central

Year: 1978

.....producible as evidence; (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 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. (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 whose 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 of Gujarat, and such appeal shall be heard and disposed of by not less than two Judges of the High Court.

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.....

Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 21

Title: Administration or Rejection of Claims

State: Central

Year: 1978

.....for the examination of witnesses (6) Any investigation before the Commissioner shall be deemed to be a judicial proceedings within the 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.

Britannnia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertakings Act, 1978 Complete Act

State: Central

Year: 1978

.....Commissioner of Payments appointed under lection 15; (e) "Government company" means a company within the meaning of section 617 of the Companies Act, 1956-and referred to in section 5-of this Act; (f) "Mokameh unit" means the wagon and other 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-, have the meanings, respectively, assigned to them in that Act. CHAPTER 02: ACQUISITION AND TRANSFER OF MOKAMEH UNIT AND UNDERTAKINGS OF ARTHUR BUTLER AND COMPANY SECTION 04: GENERAL EFFECT OF VESTING (1) The Mokameh unit, and the undertakings of.....

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Complete Act

State: Central

Year: 1978

.....Corporation being the Authorised Controller. The period of the management will expire on the 11th March, 1979. The Company is engaged in the manufacture of agricultural tractors. After the take over of the management of the undertakings of the Company, The production in the Company, which had come to a standstill in November, 1972, has progressively improved. The net losses have come down from the level of Rs. 80 lakhs for the year ending March, 1973 to Rs.9 lakhs for the year ending March, 1977 and during 1977-78 they expect to achieve a nominal net profit of Rs.1 lakh. After careful consideration of the whole matter and with a view to improving the technical and economic viability of the undertakings, the Central Government have decided to acquire the undertakings of the Company and vest them in the State Government of Gujarat. 2. At the time of take over of the management of the undertakings of the Company, it was clear that it was not possible for the Company to meet all its past dues. Accordingly, the Central Government issued an order on the 26th April, 1973, under section 18FB of the Industries (Development and Regulation) Act, 1951, suspending the operation of all the.....