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Smith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 5

Title: Central Government or Government Company Not to Be Liable for Prior Liabilities

State: Central

Year: 1977

.....provided in this Act, no liability of the Company in relation to its undertakings in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed, under section 6, to vest in a Government company, against that Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed, under section 6, to vest in a Government company, against that Government company; (c) no liability incurred by the Company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed, under section 6, to vest in a Government company, against that Government company.

Gresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 5

Title: Central Government or the Braithwaite and Company Limited or the Government Company Not to Be Liable for Prior Liabilities

State: Central

Year: 1977

.....Company in respect of any period prior to the appointed day shall be enforceable against the Central Government, or, Braithwaite and Company Limited, or, where the undertakings of the Company are directed, under section 7, to vest in a Government company, against that Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government, or the Braithwaite and Company Limited, or, where the undertakings of the Company are directed, under section 7, to vest in a Government company, against that Government company; (c) no liability incurred by the Company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government, or the Braithwaite and Company Limited, or,where the undertakings of the Company are directed, under section 7, to vest in a Government company, against that Government company.

Gresham and Craven of India (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Complete Act

State: Central

Year: 1977

.....took over the management of the company on the 31st March, 1971, under the provisions of Section 18A of the Industries (Development and Regulation) Act, 1951. The factory was reopened on the 12th April, 1971. The company is mainly engaged in the manufacture of rolling stock components of the Indian Railways, such as vacuum brake equipment, ejectors, steam valves, vacuum exhausters etc. After takeover of the management by the Central Government, there had been considerable progress in the production performance of the company. The actual production for the year 1976-77 had been of the order of Rs. 177 lakhs. After careful consideration of the whole matter, the Government decided to acquire the undertakings of this company. At the time of takeover of the management of the company, it was clear that it was not possible for the company to meet all its past dues. Accordingly, moratorium was imposed on the 14th August, 1972 in accordance with the provisions ofSec. 18FB of the Industries (Development and Regulation) Act, 1951, on realisation of the dues from the company. The period of this moratorium which cannot exceed five years in aggregate, expired on the 13th August. 1977, since.....

Smith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act Complete Act

State: Central

Year: 1977

.....the Central Government or the Government company shall not omit. to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the Central Government or Government Company. (2) The Central Government or Government company shall not omit to ratify a contract, and shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and, except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein. SECTION 27: PENALTIES Any person who,- (a) having in his possession, custody or control any property forming part of the undertakings of the Company wrongfully withholds such property from the Central Government or the Government company or any person or body of persons authorised by that Government or Government company; or (b) wrongfully obtains possession, of or retains, any property forming part of the undertakings of the Company or wilfully withholds or fails to furnish to.....

The Assam Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977 Complete Act

State: Assam

Year: 1977

.....this Act. * (e) "Co-operative Society" means a Co-operative Society registered or deemed to be registered under the Assam Co-operative Societies Act, 1949 (Act 1 of 1950) the object of which is to provide financial assistance as defined in clause (f) of this section to its members and includes a Co-operative Land Mortgage/ Development Bank; and (f) "financial assistance" for the purpose of this Act means assistance granted by way of loans, advance, guarantee or otherwise for agricultural purposes. Section 3 - Removal of restrictions on alienation Notwithstanding anything contained in any law for the time being in force or any custom or tradition, it shall be lawful for an agriculturist whose rights of alienation of land or of any interest therein are restricted to alienate the land or his interest therein, including by creation of a charge or mortgage on such land or interest in favour of a bank for the purpose of obtaining financial assistance from that bank subject to restrictions imposed on disposal of such land in Section 4. Section 4 - State Government may by notification vest agriculturists not having alionable rights with such rights Notwithstanding.....

The Haryana Urban Development Authority Act, 1977 Complete Act

State: Haryana

Year: 1977

The Haryana Urban Development Authority Act, 1977 the haryana urban development authority act, 1977 (Haryana Act No. 13 of 1977) Table of contents CHAPTERI PRELIMINARY SECTIONS: 1. Short title and extent 2. Definitions. CHAPTER II ESTABLISHMENT OF AUTHORITY 3. Establishment and constitution of Authority. 4. Terms of office and conditions of scrvice of members. 5. Power to remove members. - 6. Filling of vacancies. 7. Meetings. 8. Appointment of committees. 0. Tcmpor iry association of persons. 10. Validation of acts and proceedings. 11. Staff. 12. General disqualifications of officers and employees. 13. Objects and functions of Authority. CHAPTER m ACQUISITION AND DISPOSAL OF LAND . 14. Compulsory acquisition oi'land. 15. Disposal of land. - 16. Imposition of penalty and mode of recovery of arrears. 17. Resumption and forfeiture for breach of conditions of transfer. CHAPTER IV POWER TO EVICT PERSONS FROM PREMISES OF THE AUTHORITY 18. Power io evict persons from premises of Authority'. 19. Power to recover damages as arrears of 1 and revenue. 20. Appeal. CHAPTERV FINANCE,.....

Gresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Chapter II

Title: Acquisition and Transfer of the Undertakings of the Company

State: Central

Year: 1977

.....claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in section 8, and also out of the monies determined under section 9, but, no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government. (5) If on the appointed day, any suit, appeal or other proceeding by or against the Company, of whatever nature in relation to any property which has vested in the Central Government, under section 3, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the Company or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Central Government, or the Braithwaite and Company Limited, or, where the undertakings of the Company are directed, under section 7, to vest in a Government company, against that Government company. Section 5 - Central Government or the Braithwaite and Company Limited or the Government company not to be liable for prior liabilities (1).....

Gresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 16

Title: Certain Powers of the Central Government or Braithwaite and Company Limited or Government Company

State: Central

Year: 1977

.....Limited, or the Government company, as the case may be, may make a claim to the Commissioner with regard to every payment made by it after the appointed day for discharging any liability of the Company, 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 Braithwaite and Company Limited 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.

Gresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Chapter VI

Title: Commissioner of Payments

State: Central

Year: 1977

.....meaning of sections 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 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 whole 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 at Calcutta, and such appeal shall be heard and disposed of by not less than two Judges of that High Court. Section 21 - Disbursement of money by the Commissioner to claimants After admitting a claim under this Act, the amount due in respect of such claims shall be paid by the Commissioner to the person or persons to whom such sums are due, and, on such payment, the liability of the Company in respect of such claim shall stand discharged. Section 22 - Disbursement of amounts to the Company (1) If, out of the monies paid to him in relation to the.....

Smith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 16

Title: Certain Powers of the Central Government or Government Company

State: Central

Year: 1977

(1) The Central Government or the Government company, as the case may be, shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the Company in relation to its undertakings which have vested in the Central Government, or the Government company, realised after the appointed day notwithstanding that the realisations person to a period prior to the appointed day. (2) The Central Government or the Government company, as the case may be, may make a claim to the Commissioner with regard to every payment made by it after the appointed day for discharging any liability of the Company, 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 Government company. (4) 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.