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Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Preamble 1

Title: The Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976

State: Central

Year: 1976

THE BURN COMPANY AND INDIAN STANDARD WAGON COMPANY (NATIONALISATION) ACT, 1976 [Act, No. 97 of 1976] [5th September, 1976.] PREAMBLE An Act to provide for the acquisition of the undertakings of the Burn and Company Limited and the Indian Standard Wagon Company Limited with a view to ensuring the continuity of the production of goods which are vital to the needs of the economy of the country and for the fulfilment of the contracts for the supply of railways wagons abroad and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-

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Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Complete Act

Title: Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976

State: Central

Year: 1976

.....- Disbursement of money by Commissioner to claimants Section22 - Disbursements of amounts to the two companies Section23 - Undisbursed or unclaimed amount to be deposited with the general revenue account Chapter VII Section24 - Assumption of liability Section25 - Act to have overriding effect Section26 - Contracts to cease to have effect unless ratified by the central Government or Government company Section27 - Penalties Section28 - Offences by companies Section29 - Protection of action taken in good faith Section30 - Delegation of powers Section31 - Power to make rules Section32 - Power to remove difficulties Section33 - Declaration as to the policy of the state Section34 - Repeal and saving Schedule1 - SCHEDULE I Schedule2 - SCHEDULE II

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Railways Act, 1989 Section 72

Title: Maximum Carrying Capacity for Wagons and Trucks

State: Central

Year: 1989

.....in a conspicuous manner on the outside of every such wagon or truck. (3) Every person owning a wagon or truck which passes over a railway shall determine and exhibit the normal carrying capacity for the wagon or truck in the manner specified in sub-section (2). (4) Notwithstanding anything contained in sub-section (2) or sub-section (3), where a railway administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditions as it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagons or trucks.

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Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Complete Act

State: Central

Year: 1976

.....overnment took a number of steps lo improve the operation of such undertakings, and, as a result of such steps, both the Companies have shown satisfactory upward trends in production. However, the liabilities of both the Companies with regard to the payment of interests on loans advanced by banks, particularly in relation to the credit facilities made available to them by the banks, came up to as high as Rs. 1.5 lakhs per day. The liquidity position of the Companies was, consequently, going down steeply. In the circumstances, the Burn Company and Indian Standard Wagon Company (Nationalisation) Ordinance; 1976 (8 of 1976) was promulgated by the President to provide for the acquisition of the undertakings of the two Companies. 4. The Bill seeks to replace the said Ordinance and also to repeat the Parliamentary legislation by which the management of the undertakings of the two Companies was taken over by the Central Government.- Gaz. of Ind., 20-8-1976, Pt. II, S. 2, Ext., p. 1196. An Act to provide for the acquisition of the undertakings of the Burn and Company Limited and the Indian Standard Wagon Company Limited with a view to ensuring the continuity of the production of goods.....

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Railways Act, 1989 Section 73

Title: Punitive Charge for Overloading a Wagon

State: Central

Year: 1989

Where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under sub section (2) or sub-section (3), or notified under sub-section (4), of section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such rates, as may be prescribed, before the delivery of the goods: Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account.

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Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Chapter I

Title: Preliminary

State: Central

Year: 1976

.....Calcutta-17; (c) "Commissioner" means the Commissioner of Payments appointed under section 14; (d) "Custodian" means the Custodian appointed under sub-section (2) of section 9 to take over, or carry on, the management of the undertakings of either or both of the two companies; (e) "Ordinance" means the Burn Company and Indian Standard Wagon Company (Nationalisation) Ordinance, 1976(8 of 1976); (f) "notification" means a notification published in the Official Gazette; (g) "prescribed" means prescribed by rules made under this Act; (h) "specified date" means such date as the Central Government may, by notification, specify for the purpose of any provision of this Act, and different dates may be specified for different provisions of this Act; (i) "two companies" means Burn and Company Limited and Indian Standard Wagon Company Limited, being companies as defined in the Companies Act, 1956(1 of 1956), and both having their registered offices at 10-C, Hunger Street, Calcutta-17; (j) words and expressions used herein and not defined but defined in the Companies Act, 1956(1 of 1956), have the meanings, respectively, assigned to them in that Act.

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Railways Act, 1989 Section 104

Title: Extent of Liability in Respect of Goods Carried in Open Wagon

State: Central

Year: 1989

Where any goods, which, under ordinary circumstances, would be carried in covered wagon and would be liable to damage, if carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open wagon, the responsibility of railway administration for destruction, damage or deterioration which may arise only by reason of the goods being so carried, shall be one-half of the amount of liability for such destruction, damage or deterioration determined under this Chapter.

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Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Section 2

Title: Definitions

State: Central

Year: 1976

.....Calcutta-17; (c) "Commissioner" means the Commissioner of Payments appointed under section 14; (d) "Custodian" means the Custodian appointed under sub-section (2) of section 9 to take over, or carry on, the management of the undertakings of either or both of the two companies; (e) "Ordinance" means the Burn Company and Indian Standard Wagon Company (Nationalisation) Ordinance, 1976(8 of 1976); (f) "notification" means a notification published in the Official Gazette; (g) "prescribed" means prescribed by rules made under this Act; (h) "specified date" means such date as the Central Government may, by notification, specify for the purpose of any provision of this Act, and different dates may be specified for different provisions of this Act; (i) "two companies" means Burn and Company Limited and Indian Standard Wagon Company Limited, being companies as defined in the Companies Act, 1956(1 of 1956), and both having their registered offices at 10-C, Hunger Street, Calcutta-17; (j) words and expressions used herein and not defined but defined in the Companies Act, 1956(1 of 1956), have the meanings, respectively, assigned to them in that Act.

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Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Chapter VII

Title: Miscellaneous

State: Central

Year: 1976

.....authorised by that company 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 30 - Delegation of powers (1) The Central Government may, by notification, direct that all or any of the powers exercisable by it under this Act, other than the power conferred by section 31, may also be exercised by such person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government. Section 31 - 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 powers, such rules may provide for all or any of the following matters, namely:- (a) the time within which, and the manner in which, an intimation referred to in sub-section (3) of section 4 shall be given; (b) the form and the manner in which and the conditions under which the Custodian shall maintain the accounts as.....

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Burn Company and Indian Standard Wagon Company (Nationalisation) Act, 1976 Section 34

Title: Repeal and Saving

State: Central

Year: 1976

(1) The Burn Company and Indian Standard Wagon Company (Taking Over of Management) Act, 1973(57 of 1973) and the Burn Company and Indian Standard Wagon Company (Nationalisation) Ordinance, 1976(8 of 1976), are hereby repealed. (2) Notwithstanding such repeal,- (a) anything done or any action taken by the Custodian in exercise of the powers of the Board of Management of the two companies at any time within the period during which the management of the undertakings of the two companies remained vested in the Central Government or at any time before the date on which this Act receives the assent of the President, shall be deemed to have been done or taken in accordance with law; (b) anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

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