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Textile Undertakings (Taking over of Management) Act, 1983 Complete Act

Title: Textile Undertakings (Taking over of Management) Act, 1983

State: Central

Year: 1983

Preamble1 - TEXTILE UNDERTAKINGS (TAKING OVER OF MANAGEMENT) ACT, 1983 Chapter I Section1 - Short title and commencement Section2 - Definitions Chapter II Section3 - Management of certain textile undertakings to vest in the Central Government Section4 - Custodian of the textile undertakings Section5 - Payment of amount Chapter III Section6 - Power of the Central Government to make certain declarations in relation to certain textile undertakings Chapter IV Section7 - Act to have overriding effct Section8 - Application of Act 1 of 1956 Section9 - Exclusion of period of operation of this Act from limitation Section10 - Protection of action taken in good faith Section11 - Contracts, etc., in bad faith may be cancelled or varied Section12 - Avoidance of voluntary transfers Section13 - Power to terminate contracts of employment Section14 - Penalties Section15 - Offences by companies Section16 - Power to make rules Section17 - Repeal and saving Schedule1 - FIRST SCHEDULE Schedule2 - SECOND SCHEDULE

West Bengal Cooperative Societies Act, 1983 Complete Act

State: West Bengal

Year: 1983

.....an officer not below the rank of an Assistant Registrar of Cooperative Societies as may be prescribed; 1010. Clause (19a) was first inst. by W.B. Act 27 of 1989, then subs. by W.B. Act 22 of 1992. (19a) "Director of Co-operative Audit" means the person appointed to be the Director of Co-operative Audit under sub-section (2) of section 9; (20) "dispute" means any matter capable of being the subject of civil litigation, and includes a claim in respect of any sum payable to or by a co-operative society; 1111. Clause (21) subst. by W.B. Act 21 of 1990. (21) "district co-operative union" means a co-operative society which has an area of membership extending to the whole of a co-operative range and the primary object of which is to assist the State Co-operative Union in implementing its objects; (22) "engineers' co-operative" means a co-operative society formed of unemployed (i) degree holders in any branch of engineering, technology, science, commerce, arts or agriculture, or (ii) diploma holders in any branch of engineering, technology or agriculture, or (iii) certificate holders in any industrial trade, for their exclusive benefit, the percentage of degree or diploma holders.....

Textile Undertakings (Taking over of Management) Act, 1983 Chapter II

Title: Taking over of the Management of Certain Extile Undertakings

State: Central

Year: 1983

.....for the vesting in it, under section 3, of the management of the textile undertaking of the company. (2) for every month during which the management of the textile undertaking remains vested in the Central Government under this Act, the amount referred to in sub-section (1), shall be computed (i) for a spinning unit, at the rate of fifty paise per 1,000 spindles or any part thereof; (ii) for a weaving unit, at the rate of one rupee per 100 looms or any part thereof; (iii) for a composite unit with or without dye-house, at the rate of fifty paise per 1,000 spindles or any part thereof plus one rupee per 100 looms plus one paisa per 10,000 meters of cloth processed in the dye-house based on the average monthly production during the period of three years immediately preceding the appointed day; (iv) for a wholly processing unit (being a unit which does not have any spindle or loom), one paise per one thousand square meters or any part thereof of the average of the total quantity of textiles processed during the period of three years immediately preceding the appointed day in such unit.

Textile Undertakings (Taking over of Management) Act, 1983 Preamble 1

Title: Textile Undertakings (Taking over of Management) Act, 1983

State: Central

Year: 1983

.....reason of mismanagement of the affairs of the textile undertakings specified in the First Schedule, their financial condition become wholly unsatisfactory even before the commencement in January 1982 of the textile strike in Bombay and their financial condition has thereafter further deteriorated; AND WHEREAS certain public financial institutions have advanced large sums of money to the companies owning the said undertakings with a view to making the said undertakings viable; AND WHEREAS further investment of very large sums of money is necessary for reorganising and rehabilitating the said undertakings and thereby to protect the interests of the workmen employed therein and to augment the production and distribution at fair prices of different varieties of cloth and yarn so as to subserve the interests of the general public; AND WHEREAS acquisition by the Central Government of the said undertakings is necessary to enable it to invest such large sums of money; AND WHEREAS pending the acquisition of the said undertakings, it is expedient in the public interest to take over the management of the said undertakings; BE it enacted by Parliament in the Thirty-fourth Year of.....

Textile Undertakings (Taking over of Management) Act, 1983 Complete Act

State: Central

Year: 1983

.....Government or the Custodian for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. SECTION 11: CONTRACTS, ETC., IN BAD FAITH MAY BE CANCELLED OR VARIED (1) If the Central Government is satisfied, after such inquiry as it may think proper, that any contractor agreement entered into at any time within three years immediately preceding the appointed day between any of the textile companies or managing or other director of any such textile company and any other person in relation to any service, sale or supply to, or by, its textile undertaking and in force immediately before the appointed day, has been entered into in bad faith, or is detrimental to the interests of the textile undertaking of the concerned textile company, it may make, within one hundred and eighty days from the appointed day, an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly: Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the.....

Calcutta Homoeopathic Medical College and Hospital (Taking over of Management and Subsequent Acquisition) Act, 1983 Complete Act

State: West Bengal

Year: 1983

.....Hospital; (c) "notification" means a notification published in the Official Gazette; (d) "prescribed" means prescribed by rules made under this Act. Section 3 Taking over of management of the institution (1) The State Government shall, by order published in the Official Gazette, take over the management and control of the institution. (2) An order made under sub-section (1) shall remain in force for a period of [nine years] from the date of its publication in the Official Gazette or, in the case of acquisition of the institution under section 4, till the date of such acquisition, whichever is earlier. Section 4 Acquisition of the institution (1) The State Government may, if it so thinks fit, at any time within the period of J[nine years] referred to in sub-section (2) of section 3, acquire the institution by notification. (2) On and from the date of the notification referred to in sub-section (1) (hereinafter referred to as the date of vesting), (i) the institution shall stand transferred to, and vest absolutely in, the State Government, free from all encumbrances; (ii) the institution shall be run by the State Government as a State institution; (iii) any contract,.....

D.n.de Homoeopathic Medical College and Hospital (Taking over of Management and Subsequent Acquisition) Act, 1983 Complete Act

State: West Bengal

Year: 1983

.....or the Administrator or any other person appointed under section 7 for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. Section 12 Advances by the State Government (1) The State Government may, on the application made by the Administrator in this behalf, advance moneys for the purpose of efficiently managing the institution an all such moneys shall be repayable with such interest as may be prescribed. (2) Any money advanced under sub-section (1) shall, subject to the prior payment of municipal rates and any sum due to Government on account of taxes or fees, be a first charge upon the properties of the institution. Section 13 Contracts, agreements, etc., to remain suspended The State Government may, if it is satisfied that it is necessary or expedient so to do, direct, by notification, that the operation of all contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force in relation to the institution immediately before the appointed day shall remain suspended and all rights, privileges, obligations and liabilities accruing or arising thereunder before the said.....

Textile Undertakings (Taking over of Management) Act, 1983 Section 3

Title: Management of Certain Textile Undertakings to Vest in the Central Government

State: Central

Year: 1983

.....in force no person in respect of whom any contract of management or other arrangement is terminated by reason of the provisions contained in sub-section (3), or who ceases to hold any office by reason of the provisions contained in sub-section (4), shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement or for the loss of office, as the case may be. (6) Notwithstanding any judgment, decree or order of any court, tribunal or other authority or anything contained in any other law (other than this Act) for the time being in force, every receiver or other person in whose possession or custody or under whose control the textile undertaking or any part thereof may be immediately before the appointed day, shall on the commencement of this Act, deliver the possession of the said undertaking or such part thereof, as the case may be, to the Custodian, or where no Custodian has been appointed, to such other person as the Central Government may direct. (7) For the removal of doubts, it is hereby declared that any liability incurred by a textile company in relation to the textile undertaking before the appointed day.....

Textile Undertakings (Taking over of Management) Act, 1983 Chapter I

Title: Preliminary

State: Central

Year: 1983

(1) This Act may be called The Textile Undertakings (Taking over of Management) Act, 1983. (2) It shall be deemed to have come into force on the 18th day of October, 1983. Section 2 - Definitions In this Act, unless the context otherwise requires, (a) "appointed day" means the date on which this Act comes into force; (b) "Custodian" means the person appointed under section 4 to take over the management of the undertakings; (c) "notification" means a notification published in the Official Gazette; (d) "textile undertakings" or "the textile undertaking" means an undertaking specified in the second column of the First Schedule; (e) "textile company" means a company (being a company as defined in the Companies Act, 1956) specified in the third column of the First Schedule, as owning the undertaking specified in the corresponding entry in the second column of that Schedule; (f) words 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.

Textile Undertakings (Taking over of Management) Act, 1983 Section 17

Title: Repeal and Saving

State: Central

Year: 1983

(1) The Textile Undertakings (Taking Over of Management) Ordinance, 1983, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed, to have been done or taken under the corresponding provisions of this Act.