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Jute Companies (Nationalisation) Act, 1980. Section 13

Title : Section 13

State : Central

Year : 1980

(1) Where a jute companies has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in any of its undertakings, the moneys relatable to its employees whose services have become transferred by or under this Act to the Central Government or the Jute Manufactures Corporation shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, funds welfare funds or other fund, stand transferred to , and shall vest in, the Central Government or the Jute Manufactures Corporation, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Central Government or the Jute Manufactures Corporation, as the case may be, shall be dealt with by that Government or Corporation in such manner as may be prescribed.

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Companies Act, 1956 Section 510

Title : Provisions Applicable to Every Voluntary Winding Up

State : Central

Year : 1956

The provisions contained in sections 511 to 521, both inclusive, shall apply to every voluntary winding up, whether a members' or a creditors' winding up.

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Jute Companies (Nationalisation) Act, 1980. Section 2

Title : Definitions

State : Central

Year : 1980

In this, Act, unless the context otherwise requires,-- (a) "appointed day" means the date of commencement of this Act; (b) "Commissioner" means the Commissioner of Payments appointed under section 14; (c) "jute companies" means the companies (being companies as defined in the Companies Act, 1956(1 of 1956)) specified in the First Schedule; (d) "Jute Manufactures Corporation" means the National Jute Manufactures Corporation Limited, a company incorporated and registered under the Companies Act, 1956(1 of 1956); (e) "notification" means a notification published in the Official Gazette; (f) "prescribed" means prescribed by rules made under this Act; (g) "specified date", in relation to any provision of this Act, means such date as the Central Government may, by notification, specify for the purposes of that provision, different dates may be specified for different provisions of this Act; (h) words and expressions used herein and not defined but defined in the Companies Act, 1956(1 of 1956), shall have the meanings respectively assigned to them in that Act.

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Jute Companies (Nationalisation) Act, 1980. Section 7

Title : Payment of Amount

State : Central

Year : 1980

Every jute company shall be given by the Central Government, for the transfer to, and vesting, in that Central Government, under section 3, of the undertakings of that company and the right, title and interest of that company in relation to its undertakings, in cash and in the manner specified in Chapter VI, such amount as is specified against the name of that company in the First Schedule.

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Jute Companies (Nationalisation) Act, 1980. Section 11

Title : Duty of Persons to Account for Assets, Etc., in their Possession

State : Central

Year : 1980

.....or the Jute Manufactures Corporation under this Act, shall be liable to account for the said assets, books, documents and other papers to the Central Government or the existing, or the Jute Manufactures Corporation and shall deliver them to the Central Government or the existing, or the Jute Manufactures Corporation or to such person or persons as the Central Government or the Jute Manufactures Corporation. (2) The Central Government or the Jute Manufactures Corporation may take, or cause to be taken, all necessary steps for securing possession of the undertakings of the jute companies which have vested in the Central Government or the Jute Manufactures Corporation under this Act. (3) Every jute companies shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all their property and assets, as on the appointed day, pertaining to the undertakings which have vested in the Central Government under section 3, and, for this purpose, the Central Government or the Jute Manufactures Corporation shall afford to such company all reasonable facilities.

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Jute Companies (Nationalisation) Act, 1980. Section 17

Title : Claims to Be Made to the Commissioner

State : Central

Year : 1980

Every person having a claim against a jute companies with regard to any of the matters specified in the Second Schedule pertaining to any undertakings owned by it, shall prefer such claim before the Commissioner within thirty days from the specified date : 1.2.1982 : vide notification No.S.o.43 (E), dated 22.1.1982, Government of India, Exty.PT II, Section 3.(ii), p.72. Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, be may entertain the claim within a further period of thirty days but not thereafter.

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Jute Companies (Nationalisation) Act, 1980. Section 18

Title : Priority of Claims

State : Central

Year : 1980

The claims made under section 17 shall have priorities in accordance with the following principles, namely :-- (a) Category I shall have precedence over all other categories and Category II shall have precedence over Category III, and so on; (b) the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount paid to the Commissioner under the Act is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; and (c) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

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Jute Companies (Nationalisation) Act, 1980. Section 19

Title : Examination of Claims

State : Central

Year : 1980

(1) On receipt of the claims made under section 17, the Commissioner shall arrange the claims in the order of priorities specified in the Second Schedule and examine the same in accordance with such order. (2) If, on examination of the claims against a jute company, the Commissioner is of opinion that the amount paid to him under this Act for payment to such company is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

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Jute Companies (Nationalisation) Act, 1980. Section 25

Title : Assumption of Liability

State : Central

Year : 1980

(1) Where any liability of a jute company arising out of any item in any category specified in Part I of the Second Schedule is not discharged fully by the Commissioner out of the amounts paid to him under this Act, the Commissioner shall intimate in writing to the Central Government the extent of the liability which remains undischarged and that liability shall be assumed by the Central Government. (2) The Central Government may, by order, direct the Jute Manufactures Corporation to take over the liability assumed by the Central Government under sub-section (1), and on receipt of such direction, it shall be the duty of the Jute Manufactures Corporation to discharge such liability.

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Jute Companies (Nationalisation) Act, 1980. Section 27

Title : Contracts to Cease to Have Effect Unless Ratified by the Central Government or Jute Manufactures Corporation

State : Central

Year : 1980

.....before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the appointed days, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the Central Government or the Jute Manufactures Corporation and in ratifying such contract, the Central Government or the Jute Manufactures Corporation may make such alteration or modification therein as it may think fit: Provided that the Central Government or the Jute Manufactures Corporation shall not omit to ratify a contract and shall not make any alteration or modification in a contract-- (a) unless it is satisfied that such contract is unduly onerous, or has been entered into in bad faith, or is detrimental to the interest of the Central Government or the Jute Manufactures Corporation; and (b) except after giving 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.

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