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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Complete Act

Title: Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978

State: Central

Year: 1978

.....claims Section22 - Disbursement of money by Commissioner Section23 - Disbursement of amounts to Britannia Engineering Company and Arthur Butler and Company Section24 - Undisbursed or unclaimed amount to be deposited with the general revenue account Chapter VII Section25 - Act have overriding effect Section26 - Contracts to cease to have effect unless ratified by the Central Government or the 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 ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 5

Title: Power of Central Government to Direct Vesting of Mokameh Unit and the Undertakings of Arthur Butler and Company in a Government Company

State: Central

Year: 1978

.....have vested in the Central Government under section 3 shall instead of continuing to vest in the Central Government, vest in the Government Company either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification. (2) where the right title and interest in relation to the Mokameh unit and in relation to the other undertakings referred to in section 3, vest in a Government Company under sub-section 91) the Government Company shall, on and from the date of such vesting be deemed to have Butler the owned of the Mokameh unit and of the undertakings of Arthur Butler and Company and shall the rights and liabilities of the Central Government in relation to the Mokameh unit and the undertakings of Arthur Butler to have been the rights and liabilities, respectively of the Government Company.

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Sugar Undertakings (Taking over of Management) Act, 1978 Section 22

Title: Repeal and Saving

State: Central

Year: 1978

(1) The Sugar Undertakings (Taking Over of Management) Ordinance, 1978, is hereby repealed. (2) Notwithstanding such repeal, 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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Sugar Undertakings (Taking over of Management) Act, 1978 Schedule I

Title: Schedule

State: Central

Year: 1978

THE SCHEDULE (See section 7) 1. The Industrial Employment (Standing Orders) Act, 1946. 2. The Industrial Disputes Act, 1947. 3. The Minimum Wages Act, 1948.

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Preamble 1

Title: Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978

State: Central

Year: 1978

.....the right, title and interest of Arthur Butler and Company in relation to the undertakings owned by it, with a view to ensuring the continued manufacture of railway wagons as other goods essential to the needs of the country in general and the railways in particular, and for matters connected therewith or incidental thereto. WHEREAS Britannia engineering company at the Mokameh unit and Arthur Butler and company were engaged in the manufacture of railway wagons and other goods; And WHEREAS as a result of the closure of the wagon and other undertakings owned by the companies aforesaid there was a substantial fall in the manufacture of railway wagons and other goods; And WHEREAS for the purpose of bringing the closed works of the companies aforesaid into operation the management of the Mokameh unit of Britannia of Arthur Butler and Company were taken over by the Central Government under the Industries (Development and Regulation) Act, 1951 (65 of 1951); And WHEREAS it is necessary to acquire the said wagon and other undertakings to ensure the continued manufacturer of railway wagons and other goods which are essential to the needs of the country in general, and the.....

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Chapter I

Title: Preliminary

State: Central

Year: 1978

.....undertakings owned by Britannia engineering company at Mokameh in the State of Bihar; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "specified date" in relation to any provision of this act, means such date as the Central Government may, by notification specify for the purpose of that provision and different dates may be specified for different provisions of this Act; (j) "Wagon and other undertaking" means the undertaking which is engaged in the manufacture of railway wagons and other goods; (k) 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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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 1

Title: Short Title and Commencement

State: Central

Year: 1978

(1) This Act may be called the Britannia engineering company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and transfer of Undertakings) Act 1978. (2) The provisions of sections 27 and 28 shall come into force at once and the remaining provisions if this Act shall be deemed to have come into force on the 1st day of April 1978.

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 2

Title: Definitions

State: Central

Year: 1978

.....undertakings owned by Britannia engineering company at Mokameh in the State of Bihar; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "specified date" in relation to any provision of this act, means such date as the Central Government may, by notification specify for the purpose of that provision and different dates may be specified for different provisions of this Act; (j) "Wagon and other undertaking" means the undertaking which is engaged in the manufacture of railway wagons and other goods; (k) 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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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Chapter II

Title: Acquisition and Transfer of Mokameh Unit and Undertakings of Arthur Butler and Company

State: Central

Year: 1978

.....Company. (2) for the removal of doubts it is hereby declared that,- (a) save as otherwise expressly provided in this section or in any other section of this act,- (i) no liability of Britannia engineering company in relation to the Mokameh unit and (ii) no liability of Arthur Butler and Company in relation to the undertakings owned by it, in respect of any period prior to the appointed day shall be enforceable against the Central Government or the Government Company as the case may be; (b) no award decree or order of any court tribunal or other authority in relation to the Mokameh unit or in relation to the undertakings owned by Arthur Butler and Company passed after the appointed day in respect of any matter claim or dispute which arose before that day shall be enforceable against Central Government or the Government Company, as the case may be; (c) no liability incurred before the appointed day by- (i) Britannia engineering company in relation to the Mokameh unit or (ii) Arthur Butler and Company in relation to the undertakings owned by it, for the contravention of any provision of law for the time being in force shall be enforceable against the Central.....

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Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 3

Title: Vesting the Central Government of Mokameh Unit and Undertakings of Arthur Butler and Company

State: Central

Year: 1978

On the appointed day,- (i) the Mokameh unit and the right, title and interest of Britannia engineering company in relation to the Mokameh unit and (ii) the undertaking owned by Arthur Butler and Company and the right, title and interest of Arthur Butler and Company in relation to the said undertakings, shall by virtue of this Act, stand transferred to, and shall vest, in the Central Government.

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