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Home Bare Acts Phrase: section 588Companies Act, 1956 Section 588
Title: Directions as to Property in Certain Cases
State: Central
Year: 1956
( 1) If an unregistered company has no power to sue and be sued in a common name, or if for any reason it appears expedient the1[Tribunal] may, by the winding up order or by any subsequent order direct that all or any part of the property, movable or immovable (including actionable claims), belonging to me company or held by trustees on its behalf, shall vest in the Official Liquidator by his official name; and thereupon the property or the part thereof specified in the order shall vest accordingly. ( 2) The Official Liquidator may, after giving such indemnity, if any, as the1[Tribunal] may direct, bring or defend in his official name any suit or legal proceeding relating to that property, or which it is necessary to bring or defend for the purpose of effectually winding up the company and recovering its property. _____________________ 1. Substituted by Act 11 of 2003, Section 116, for "Court".
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 13
Title: Wage Rates and Other Conditions of Service of Inter-state Migrant Workmen
State: Central
Year: 1979
(1) The wage rates, holidays, hours of work and other conditions of service of an inter-State migrant workman shall,-- (a) in a case where such workman performs in any establishment, the same or similar kind of work as is being performed by any other workman in that establishment, be the same as those applicable to such other workman; and (b) in any other case, be such as may be prescribed by the appropriate Government: Provided that an inter-State migrant workman shall in no case be paid less than the wages fixed under the Minimum Wages Act, 1948(41 of 1948). (2) Notwithstanding anything contained in any other law for the time being in force, wages payable to an inter-State migrant workmen under this section shall be paid in cash.
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 14
Title: Displacement Allowance
State: Central
Year: 1979
(1) There shall be paid by the contractor to every inter-State migrant workman at the time of recruitment, a displacement allowance equal to fifty per cent, of the monthly wages payable to him or seventy-five rupees, whichever is higher (2) The amount paid to a workman as displacement allowance under sub-section (1) shall not be refundable and shall be in addition to the wages or other amount payable to him.
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 34
Title: Power to Remove Difficulties
State: Central
Year: 1979
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date on which this Act comes into force. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 24
Title: Obstructions
State: Central
Year: 1979
(1) Whoever obstructs an inspector or a person appointed under sub-section (3) of section 20 (hereinafter referred to as unauthorised person) in the discharge of his duties under this Act or refusesor wilfully neglects to afford the inspector or authorised person any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment to which, or a contractor to whom, this Act applies, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. (2) Whoever wilfully refuses to produce on the demand of any inspector or authorised person any register or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by any inspector or authorised person acting in pursuance of his duties under this Act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 2
Title: Definitions
State: Central
Year: 1979
.....contractor, agent, employee or otherwise) to produce a given result for the establishment, other than amere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and includes a sub-contractor, Khatadar, Sardar, agent or any other person, by whatever name called, who recruits or employs workmen; (c) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest; (d) "establishment" means-- (i) any office or department of the Government or a local authority; or (ii) any place where any industry, trade, business, manufacture or occupation is carried on ; (e) "inter-State migrant workman" means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment; (f) "prescribed" means prescribed by rules made under this Act; (g) "principal employer means,-- (i) in relation to any office or department of.....
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 12
Title: Duties of Contractors
State: Central
Year: 1979
.....every inter-State migrant workman who ceases to be employed, a return in such form and in such manner as may be prescribed, to the specified authority in the State from which he is recruited and in the State in which he is employed, which shall include a declaration that all the wages and other dues payable to the workman and the fare for the return journey back to his State have been paid. (2) The contractor shall maintain the pass book referred to in sub-section (I) up-to-date and cause it to be retained with the inter-State migrant workman concerned. Explanation.--For the purposes of this section and section 16 "specified authority" means such authority as may be specified by the appropriate Government in this behalf.
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 27
Title: Offences by Companies
State: Central
Year: 1979
.....and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding any thing contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,--(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firm.
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 4
Title: Registration of Certain Establishments
State: Central
Year: 1979
.....shall,-- (a) if the application is complete in all respects, register the establishment and issue to the principal employer of the establishment a certificate of registration in the prescribed form; and (b) if the application is not so complete, return the application to the principal employer of the establishment. (3) Where within a period of one month after the receipt of an application for registration of an establishment under sub-section(1), the registering officer does not gram under clause(a) of sub-section(2) the certificate of registration applied for and does not return the application under clause(b) of that sub-section, the registering officer shall, within fifteen days of the receipt of an application in this behalf, from the principal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form.
View Complete Act List Judgments citing this sectionInter-state Migrant Workmen (Regulation of and Conditions of Service) Act, 1979 Section 9
Title: Grant of Licences
State: Central
Year: 1979
(1) Every application for the grant of a licence under sub-section (1) of section 8 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which inter-State migrant workmen are to be employed and such other particulars as may be prescribed. (2) The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation, the licensing officer shall follow such procedure as may be prescribed. (3) A licence granted under section 8, shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed.
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