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Start Free TrialSmith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act, 1977 Complete Act
Title: Smith, Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act, 1977
State: Central
Year: 1977
.....of claims Section21 - Disbursement of money by Commissioner to claimants Section22 - Disbursement of amounts to the Company Section23 - Undisbursed or unclaimed amount to be deposited with the general revenue account Section24 - Assumption of liability Chapter VII 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 policy of the State Section34 - Repeal and saving Schedule1 - SCHEDULE I
List Judgments citing this sectionGresham 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.
View Complete Act List Judgments citing this sectionGresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Chapter V
Title: Provisions Relating to the Employees of the Company
State: Central
Year: 1977
.....to the Braithwaite and Company Limited, or the Government company, shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. (3) Where, under the terms of any contract, of service or otherwise, any person, whose services become transferred to the Braithwaite and Company Limited, or the Government company, by reason of the provisions of this Act, is entitled to any arrears of salary or wages or any payments for any leave not availed of or any other payment, not being payment by way of gratuity or pension, such person may enforce his claim against the Company, but not against the Central Government, or the Braithwaite and Company Limited, or the Government company. 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 the persons employed in the undertakings of the Company, the monies relatable to the officers or other employees, whose services have become transferred by or under this Act to the Braithwaite.....
View Complete Act List Judgments citing this sectionGresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 12
Title: Employment of Certain Employees to Continue
State: Central
Year: 1977
.....Act, 1947 (14 of 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 undertaking of the Company to the Braithwaite and Company Limited, or the Government company, shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. (3) Where, under the terms of any contract, of service or otherwise, any person, whose services become transferred to the Braithwaite and Company Limited, or the Government company, by reason of the provisions of this Act, is entitled to any arrears of salary or wages or any payments for any leave not availed of or any other payment, not being payment by way of gratuity or pension, such person may enforce his claim against the Company, but not against the Central Government, or the Braithwaite and Company Limited, or the Government company.
View Complete Act List Judgments citing this sectionGresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 13
Title: Provident Fund and Other Funds
State: Central
Year: 1977
(1) Where the Company has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of the persons employed in the undertakings of the Company, the monies relatable to the officers or other employees, whose services have become transferred by or under this Act to the Braithwaite and Company Limited, or the Government company, shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund and other fund, stand transferred to, and shall vest in, the Braithwaite and Company Limited, or the Government company, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Braithwaite and Company Limited, or the Government company, as the case may be, shall be dealt with by the Braithwaite and Company Limited, or the Government company, in such manner as may be prescribed.
View Complete Act List Judgments citing this sectionGresham 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.....
View Complete Act List Judgments citing this sectionGresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 14
Title: Appointment of Commissioner of Payments
State: Central
Year: 1977
(1) The Central Government shall, for the purpose of disbursing the amounts payable to the Company under sections 8 and 9, by notification, appoint a Commissioner of Payments. (2) The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India.
View Complete Act List Judgments citing this sectionGresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 15
Title: Payment by the Central Government to the Commissioner
State: Central
Year: 1977
(1) The Central Government shall, within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to the Company -- (a) an amount equal to the amount specified in section 8; and (b) an amount equal to the amount payable to the Company under section 9. (2) A deposit account shall be opened by the Central Government in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner, shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the Commissioner. (3) The Interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the Company.
View Complete Act List Judgments citing this sectionGresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 17
Title: Claims to Be Made to the Commissioner
State: Central
Year: 1977
Every person having a claim against the Company shall prefer such claim before the Commissioner within thirty days from the specified date: 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, he may entertain the claim within a further period of thirty days and not thereafter.
View Complete Act List Judgments citing this sectionGresham and Craven of Indian (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977 Section 10
Title: Management, Etc., of the Undertakings of the Company
State: Central
Year: 1977
(1) The Braithwaite and Company Limited in which the undertakings of the Company and the right, title and interest of the Company in relation to its undertakings vested under section 6 shall be entitled to exercise all such powers and do all such things as the Company is authorised to exercise and do in relation to its undertakings. (2) The general superintendence, direction, control and management of the affairs and business of the undertakings of the Company, the right, title and interest in relation to which have vested, under section 3, in the Central Government and, under section 6, in the Braithwaite and Company Limited shall, where a direction has been made by the Central Government under sub-section (1) of section 7, vest in the Government company so specified shall be entitled to exercise all such powers and do all such things as the Company is authorised to exercise and do in relation to its undertakings.
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