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Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Chapter II

Title: Acquisition and Transfer of Ganesh Flour Mills

State: Central

Year: 1984

.....salaries and other dues become due and payable. (3) 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, no liability other than the liability specified in sub-section (2), of the Company in relation to the Ganesh Flour Mills, in respect of a 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 Ganesh Flour Mills, passed after the appointed day, in respect of any matter claim or dispute in relation to any matter, not being a matter referred to in sub-section (2), which arose before that day shall be enforceable against the Central Government or the Government company as the case may be. (c) no liability incurred by the Company before the appointed day, for the contravention, in relation to the Ganesh Flour Mills of any provision of law for the time being in force shall be enforceable against the Central Government or the Government company as the case may be.

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Co-operative Textile Mills (Acquisition and Transfer) Act, 1986 Chapter II

Title: Acquisition and Transfer of the Karnataka Co-operative Textile Mills Ltd., Dharwar

State: Karnataka

Year: 1986

.....payable. (3) 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 the Act, no liability, other than the liability specified in sub-section (2), of the lessor or lessee in relation to the mills in respect of any period prior to the appointed day shall be enforceable against the Government, or where the mills is directed under section 8 to vest in the Company, against the Company. (b) No award, decree or order of any court, tribunal or other authority in relation to the mills passed after the appointed day in respect of any matter, claim or dispute in relation to any matter not referred in sub-section (2), which arose before that day, shall be enforceable against the Government or where the mills is directed under section 8 to vest in the Company, against the Company. (c) No liability incurred by the lessor or lessee before the appointed day for the contravention of any provisions of law for the time being in force shall be enforceable against the Government or where the mills is directed under section 8 to vest in the Company, against the Company. Section 7 - Right of Government to.....

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Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Chapter IV

Title: Management, Etc., of Ganesh Flour Mills

State: Central

Year: 1984

.....to the Central Government or the Government company, as the case may be, and shall deliver them up to the Central Government or the Government company or to such person or body of persons as the Central Government or the Government company may specify in this behalf. (2) The Central Government may take or cause to be taken all necessary steps for securing possession of the Ganesh Flour Mills which has vested in it under section 3. Section 11 - Duty of the Company to furnish particulars The Company shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all its properties and assets as on the appointed day, pertaining to the Ganesh Flour Mills which has vested in the Central Government under section 3, and for this purpose, the Central Government or the Government company shall afford the Company all reasonable facilities.

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Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 8

Title: Management Etc., of Ganesh Flour Mills

State: Central

Year: 1984

.....the affairs and business of the Ganesh Flour Mills shall,-- (a) where a direction has been made by the Central Government under sub-section (1) of section 5, vest in the Government company specified in such direction; or (b) where no such direction has been made by the Central Government, vest in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the Government company so specified or the Custodian or Custodians so appointed, as the case may be, shall be entitled to exercise, to exclusion of all other persons, all such powers and do all such things as the Company is authorised to exercise and do in relation to the Ganesh Flour Mills. (2) The Central Government may appoint one or more individuals or a Government company as the Custodian or Custodians of the Ganesh Flour Mills in relation to which no direction has been made by it under sub-section (1) of S. 5. (3) The Custodian or Custodians so appointed shall receive, from the funds of the Ganesh Flour Mills such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government. (4) The Custodian or Custodians of the Ganesh.....

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Co-operative Textile Mills (Acquisition and Transfer) Act, 1986 Chapter VI

Title: Provisions Relating to the Employees of the Mills

State: Karnataka

Year: 1986

.....the Act or under any other laws for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. Section 25 - Transfer of provident fund, welfare fund, etc. (1) Where the mills has established a provident fund, superannuation fund, welfare fund or any other fund for the benefit of the persons employed in the mills the money relatable to the officers or other employees, whose services have become transferred, by or under this Act to the Company shall, out of the money standing on the date of vesting specified under section 8 to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to and vest in the Company. (2) The money which stand transferred under sub-section (1) to the Company shall be dealt with by the Company in such manner as may be prescribed.

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Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Chapter V

Title: Provisions Relating to Employees of Ganesh Flour Mills

State: Central

Year: 1984

.....in connection with the Ganesh Flour Mills 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 13 - Provident fund and other funds (1) Where the Company has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of persons employed in the company, the monies relatable to the officers and other employees, whose services have become transferred by or under this Act to the Central Government or the Government company shall, cut of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to, and vest on the Central Government or the Government company, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Central Government or the Government company as the case may be, shall be dealt with by that Government or the Government company in such manner as may be prescribed.

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Co-operative Textile Mills (Acquisition and Transfer) Act, 1986 Section 24

Title: Transfer of Service of Officers or Other Employees of the Mills

State: Karnataka

Year: 1986

(1) Every person who has been immediately before the appointed day, employed in the mills shall become on and from the date of vesting specified under section 8, an employee of the Company and shall hold office or service under the Company with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the Company is duly terminated or until his remuneration and other conditions of service are duly altered by the Company. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, the transfer of the services of any officer or other person employed in the mills to the Company shall not entitle such officer or other employee to any compensation under the Act or under any other laws for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

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Co-operative Textile Mills (Acquisition and Transfer) Act, 1986 Preamble 1

Title: Karnataka Co-operative Textile Mills (Acquisition and Transfer) Act, 1986

State: Karnataka

Year: 1986

.....and in order to secure the proper management of the said Mills, so as to subserve the interest of the general public, by ensuring continued manufacture, production and distribution of yarn and cloth which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto. WHEREAS the owners of the Karnataka Co-operative Textile Mills M/s. The Karnataka Co-operative Textile Mills, Ltd., Dharwar had closed down the said Mills in the year 1969 and had subsequently with the permission of the State Government leased out the said Mills in 1970 to M/s. G.Mahadevappa & Sons, Hubli, a partnership firm and the lessee also closed down the Mills in 1979 as it was not able to manage the affairs of the said Mills properly; WHEREAS the closure of the said Mills was prejudicial to the Scheduled industry, namely the cotton textile industry the Government of India, under section 18AA of the Industries (Development and Regulation) Act, 1951, issued a Notification No. S.O.170(E)18AA/IDRA/79, dated Thirtieth day of March, 1979 and authorised the State Government to take over the management of the said Mills initially for a period not.....

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Co-operative Textile Mills (Acquisition and Transfer) Act, 1986 Chapter IV

Title: Management of the Mills

State: Karnataka

Year: 1986

.....in relation to the mills which has vested in the Government under section 4, shall, where a direction has been made by the Government under sub-section (1) of section 8, vest in the Company and thereupon the Company shall be entitled to exercise to the exclusion of all other persons, all such powers and do all such things as the Company is authorised to exercise and do in relation to the mills. Section 12 - Duties of persons in-charge of management of the mills (1) On the vesting of the management of the mills in the company all persons in charge of the management of the mills immediately before such vesting shall be bound to deliver to the company all assets, books of accounts, registers or other documents in their custody relating to the mills. (2) The Government may issue such directions as it may deem desirable in the circumstances of the case to the Company and the Company may also, if it is considered necessary to do, apply to the Government at any time for instructions as to the manner in which, the management of the mills shall be conducted or in relation to any other matter arising in the course of such management. Section 13 - Duty of persons to account for.....

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Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Preamble 1

Title: Ganesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984

State: Central

Year: 1984

.....and (c) of article 39 of the Constitution. WHEREAS the Ganesh Flour Mills Company Limited has through the Ganesh Flour Mills been engaged mainly in the manufacture and production of certain commodities, namely, vanaspati, refined edible oils, various types of nutritious foods and other consumer commodities which are essential to the needs of the community; AND WHEREAS the management of the Ganesh Flour Mills was taken over by the Central Government under the Industries (Development and Regulation) Act 1951; AND WHEREAS it is necessary to acquire the undertakings of the Ganesh Flour Mills Company Limited in relation to the Ganesh Flour Mills for sustaining and strengthering the nucleus of public owned or controlled units required for ensuring supply of wholesome vanaspati, refined edible oils, various types of nutritious foods and other consumer commodities to the pubic at reasonable prices; AND WHEREAS such acquisition is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution; BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:--

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