Bare Act Search Results

Sick Industrial Companies (Special Provisions) Act, 1985 Chapter IV

Title: Proceedings in Case of Potentially Sick Industrial Companies, Misfeasance Proceedings, Appeals and Miscellaneous

State: Central

Year: 1985

.....firm, means a partner in the firm. Section 35 - Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act or the rules, schemes or orders made thereunder, the Central Government may, by notification, remove the difficulty: Provided that no such notification shall be made by the Central Government after the expiry of a period of three years from the date on which this Act receives the assent of the President. Section 36 - Power to make rules (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the salaries and allowances payable to and other terms and conditions of service of the Chairman and other Members under sub-section (7) of section 6; (b) the powers which may be exercised and the duties which may be performed by the Secretary to the Board or the Appellate Authority under sub-section (1) of section 8; (c) the restrictions and conditions subject to which officers and employees may be appointed to the Board.....

Sick Industrial Companies (Special Provisions) Act, 1985 Complete Act

State: Central

Year: 1985

SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 1 of 1986 An Act to make in the public interest, special provision with a view to securing the timely detection of sick and potentially sick companies owning industrial undertakings, the speedy determination by a board of experts of the preventive, ameliorative, remedial and other measures which need to be taken with respect to such companies and the expeditious enforcement of the measures so determined and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows :- CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION (1) This Act may be called the Sick Industrial Companies (Special Provisions) Act, 1985. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appoint- ed for different provisions of this Act and any reference in any provision of this Act to the commencement of this Act shall be.....

Indira Gandhi National Open University Act, 1985 Schedule II

Title: Second Schedule

State: Central

Year: 1985

.....of the two Schemes set out in Appendices A and B and he shall have for the purpose of these schemes the benefit of the service rendered under contract, if the retirement benefits under the contract terms are paid back by him to the University. 6(a) Transfer of employees from Central Government, Central University or Autonomous Bodies of Central Government. Where an employee of Central Government Central University/Autonomous Body of Central Government including a statutory body is permanently absorbed in the University, such of the past services rendered by him as would have counted for retirement benefits in that Government Organisation shall count for retirement benefits payable by the University subject to the following: (a) The transfer is with the consent of the parent Government/Organisation and is in public interest. (b) The employee has not opted to receive pro-rata retirement benefits from the parent Government/Organisation. (c) The Central Government/Autonomous Bodies of Central Government including a statutory body, discharges its pension liability, paying in lump sum, by a one time payment, the pro-rata pension service gratuity/terminal gratuity and.....

Indira Gandhi National Open University Act, 1985 Complete Act

State: Central

Year: 1985

.....in the Gazette of India. SECTION 30: CONDITIONS OF SERVICE OF EMPLOYEES (1) Every employee of the University shall be appointed-under a written contract and such contract shall not be inconsistent with .the provisions of this Act, the Statutes and the Ordinances. (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned. SECTION 31: TRIBUNAL OF ARBITRATION (1) Any dispute arising out of a contract of employment referred to in S. 30 between the University and an employee shall, at the request of either party, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Board of Management, one member nominated by the employee concerned and an umpire to be nominated by the Visitor. (2) Every such reference shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940-, and all the provisions of that Act, with the exception of S. 2 thereof, shall apply accordingly. (3) The procedure for regulating the work of the Tribunal of Arbitration shall be prescribed by the Statutes. (4) The decision of the.....

The Tamilnadu Acquisition of Hoardings Act. (Xxxix of 1985) Complete Act

State: Tamil Nadu

Year: 1985

.....finds that more persons than one are entitled to the amount he shall apportion the amount amongst such persons : (g) nothing in the Arbitration Act, 1940 (Central Act X of 1940) shall apply to the arbitrations under this section. (2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount of costs incurred in the proceedings before him and by what persons and in what proportions such amount is to be paid. 6. Notice of determination of amount under section 5 to be given to all persons interested. " Reasonable notice in respect of the amount determined under section 5 shall be given to all the persons interested. 7. Manner of payment of amount for the hoarding acquired. " (1) The amount determined under section 5 shall be given by the Government to the person interested. (2) Where the amount has been fixed by agreement, it shall be paid in accordance with the terms of the agreement within a period of three months from the date of the agreement. (3) Where the amount has been determined by an award of the arbitrator under section 5 and where no appeal has been preferred under section 8, the amount shall be aid within a.....

Sick Industrial Companies (Special Provisions) Act, 1985 Chapter III

Title: References, Inquiries and Schemes

State: Central

Year: 1985

.....Interest Act, 2002, where financial assets have been acquired by any securitisation company or reconstruction company under sub-secton (1) of section 5 of that Act: Provided also that on or after the commencement2of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, where a reference is pending before the Board for Industrial and Financial Reconstruction, such reference shall abate if the secured creditors, representing not less than three-fourth in value of the amount outstanding against financial assistance disbursed to the borrower of such secured creditors, have taken any measures to recover their secured debt under sub-section (4) of section 13 of that Act] (2) Without prejudice to the provisions of sub-section (1), the Central Government or the Reserve Bank or a State Government or a public financial institution or a State level institution or a scheduled bank may, if it has sufficient reasons to believe that any industrial company has become, for the purposes of this Act, a sick industrial company, make a reference in respect of such company to the Board for determination of the measures which may be adopted.....

Sick Industrial Companies (Special Provisions) Act, 1985 Section 20

Title: Winding Up of Sick Industrial Company

State: Central

Year: 1985

1[(1) Where the Board, after making inquiry under section 16 and after consideration of all the relevant facts and circumstances and after giving an opportunity of being heard to all concerned parties, is of opinion that the sick industrial company is not likely to make its net worth exceed the accumulated losses within a reasonable time while meeting all its financial obligations and that the company as a result thereof is not likely to become viable in future and that it is just and equitable that the company should be wound up, it may record and forward its opinion to the concerned High Court.] (2) The High Court shall, on the basis of the opinion of the Board, order winding up of the sick industrial company and may proceed and cause to proceed with the winding up of the sick industrial company in accordance with the provisions of the Companies Act, 1956 (1 of 1956). (3) For the purpose of winding up of the sick industrial company, the High Court may appoint any officer of the operating agency, if the operating agency gives its consent, as the liquidator of the sick industrial company and the officer so appointed shall for the purposes of the winding up of the sick.....

Sick Industrial Companies (Special Provisions) Act, 1985 Section 23A

Title: Proceedings on Report, Etc., of Loss of Fifty Per Cent, Net Worth

State: Central

Year: 1985

.....company have resulted in erosion of fifty per cent. or more of its peak net worth during the immediately preceding four financial years, report the fact of such erosion to the Board. (2) If the Board has, upon information received or upon its own knowledge, reason to believe that the accumulated losses of any industrial company have resulted in erosion of fifty per cent. or more of its peak net worth during the immediately preceding four financial years, it may call for such information from the company as it may deem fit. (3) Where the Board is of the opinion that an industrial company referred to in sub-section (1) is not likely to make its net worth exceed its accumulated losses within a reasonable time while meeting all its financial obligations and that the company as a result thereof is not likely to become viable in future, it may require by order an operating agency to inquire into and make a report with respect to such matters as may be specified in the order. (4) After consideration of the report of the operating agency, the Board may publish or cause to be published a notice in such daily newspapers as the Board may consider necessary, for suggestions and.....

The Nagaland Agricultural Produce Marketing (Regulation) Act, 1985. Complete Act

State: Nagaland

Year: 1985

THE NAGALAND AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT, 1985. THE NAGALAND AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT, 1985. (THE NAGALAND ACT NO 1 OF 1989) Received the assent of the President of India on 16/03/89 and published in the Nagaland Gazette extraordinary dated 18th March '89. An Act to provide for the better regulation of marketing of agricultural produce and establishment and proper administration of markets for agricultural produce and matters connected therewith in the State of Nagaland. Whereas sanction of the President of India under the proviso to clause (b) of Article 304 of the Constitution of India has been obtained. It is hereby enacted by the Legislature of the State of Nagaland in the thirty seventh year of the Republic of India as follows: CHAPTER-I PRELIMINARY 1. Short Title, Extent and commencement (1) This Act may be called the Nagaland Agricultural Produce Marketing (Regulation) Act, 1985. (2) It extends to the whole of the State of Nagaland. (3) It shall come into force on such date as the State Government may, by notification, appoint and different date may be appointed for different areas. 2......

Sick Industrial Companies (Special Provisions) Act, 1985 Section 24

Title: Misfeasance Proceedings

State: Central

Year: 1985

.....purpose other than a bona fide purpose of the company or had managed the affairs of the company in a manner highly detrimental to the interests of the company, the Board shall, by order, direct the public financial institutions, scheduled banks and State level institutions not to provide, during a period of ten years from the date of the order, any financial assistance to such person or any firm of which person is a partner or any company or other body corporate of which such person is a director (by whatever name called). (3) No order shall be made by the Board under this section against any person unless such person has been given an opportunity for making his submissions. (4) This section shall apply notwithstanding that the matter is one for which the person may be criminally liable.