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Start Free TrialBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Complete Act
Title: Braithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976
State: Central
Year: 1976
..... Section20 - Admission or rejection of claims Section21 - Disbursement of money by the Commissioner to claimants Section22 - Disbursement of amount to the Company Section23 - Undisbursed or unclaimed amount to be deposited to the general revenue account Chapter VII Section24 - Act To have overriding effect Section25 - Contracts to cease to have effect unless ratified by the central Government or Government Section26 - Protection of action taken in good faith Section27 - Delegation of powers Section28 - Penalties Section29 - Offences by companies Section30 - Power to make rules Section31 - Power to remove difficulties Section32 - Declaration as to the policy of the state Section33 - Repeal and saving ScheduleI - SCHEDULE I
List Judgments citing this sectionBurmah Shell (Acquisition of Undertakings in India) Act, 1976 Complete Act
Title: Burmah Shell (Acquisition of Undertakings in India) Act, 1976
State: Central
Year: 1976
Preamble1 - BURMAH SHELL (ACQUISITION OF UNDERTAKINGS IN INDIA) ACT, 1976 Chapter I Section1 - Short title Section2 - Definitions Chapter II Section3 - Transfer and vesting in the Central Government of the undertakings of Burmah Shell in India Section4 - General effect of vesting Section5 - Central Government to be lessee or tenant under certain circumstances Section6 - Removal of doubts Section7 - Power of Central Government to direct vesting of the undertakings of the Burmah Shell in a Government company Section8 - Payment of amount Chapter III Section9 - Transfer of service existing employees of Burmah Shell Section10 - Provident, superannuation, welfare fund, etc. Chapter IV Section11 - Effect of Act on other laws Section12 - Deliver possession of properties, etc. Section13 - Contracts to continue unless terminated by Central Government Section14 - Penalties Section15 - Offences by companies Section16 - Protection of action taken in good faith Section17 - Cognizance of offences Section18 - Indemnity Section19 - Power to remove difficulties Section20 - Power to make rules Schedule1 - FIRST SCHEDULE Schedule2 - SECOND SCHEDULE
List Judgments citing this sectionBurmah Shell (Acquisition of Undertakings in India) Act, 1976 Chapter II
Title: Acquisition of the Undertakings in India of Burmah Shell
State: Central
Year: 1976
.....the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company. (3) The provisions of sub-section (2) of section 5 shall apply to a lease or tenancy, which vests in a Government company, as they apply to a lease or tenancy vested in the Central Government, and reference therein to the "Central Government" shall be construed as a reference to the Government company. Section 8 - Payment of amount (1) For the transfer and vesting in the Central Government, under sections 3 and 4, of the right, title and interest of Burmah Shell in relation to its undertakings in India, and for the vesting in the Central Government, under section 5, of the rights specified therein, there shall be paid by the Central Government to Burmah Shell an amount of rupees twenty-seven crores and seventy-five lakhs in such instalments and in such manner as are specified in the Second Schedule. (2) Taxes, if any, payable in India by Burmah Shell by reason of the payment of the amount specified in sub-section (l) shall be paid by the Central Government to Burmah Shell in Indian currency, and any amount received by Burmah Shell by way of refund of.....
View Complete Act List Judgments citing this sectionBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Chapter II
Title: Acquisition and Transfer of the Undertakings of the Company
State: Central
Year: 1976
.....against that Government 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 provision of this Act, no liability of the Company 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.....
View Complete Act List Judgments citing this sectionBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Chapter IV
Title: Management, Etc., of the Undertakings of the Company
State: Central
Year: 1976
.....company as the Custodian of the undertakings of the Company in relation to which no direction has been made by it under sub-section (1) of section 6. Section 10 - Duty of persons in charge of management of the undertakings of the Company to deliver all assets, etc. (1) On the vesting of the management of the undertakings of the Company in a Government company or on the appointment of a Custodian, all persons in charge of the management of the undertakings of the Company immediately before such vesting or appointment, shall be bound to deliver to the Government company or the Custodian, as the case may be, all assets, books of account, registers or other documents in their custody relating to the undertakings of such Company. (2)The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Government company or the Custodian as to its or his powers and duties and the Government company or Custodian may also, if it or he so desires, apply to the Central Government at any time for instructions as to the manner in which the management of the undertakings of the Company shall be conducted by it or him or in relation.....
View Complete Act List Judgments citing this sectionBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Section 6
Title: Power of Central Government to Direct Vesting of the Undertakings of the Company in a Government Company
State: Central
Year: 1976
.....complied, with such terms and conditions as that Government may think fit to impose, direct, by notification, that the undertakings of the Company, and the right, title and interest of the Company in relation to its undertakings, which 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 of the Company in relation to its undertakings, vest in a Government company under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all the rights and liabilities of the Central Government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company.
View Complete Act List Judgments citing this sectionBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Section 10
Title: Duty of Persons in Charge of Management of the Undertakings of the Company to Deliver All Assets, Etc.
State: Central
Year: 1976
(1) On the vesting of the management of the undertakings of the Company in a Government company or on the appointment of a Custodian, all persons in charge of the management of the undertakings of the Company immediately before such vesting or appointment, shall be bound to deliver to the Government company or the Custodian, as the case may be, all assets, books of account, registers or other documents in their custody relating to the undertakings of such Company. (2)The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Government company or the Custodian as to its or his powers and duties and the Government company or Custodian may also, if it or he so desires, apply to the Central Government at any time for instructions as to the manner in which the management of the undertakings of the Company shall be conducted by it or him or in relation to any other matter arising in the course of such management. (3) The Custodian shall receive from the funds of the undertakings of the Company such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government.
View Complete Act List Judgments citing this sectionBurmah Shell (Acquisition of Undertakings in India) Act, 1976 Section 7
Title: Power of Central Government to Direct Vesting of the Undertakings of the Burmah Shell in a Government Company
State: Central
Year: 1976
.....in relation to its undertakings in India vest in a Government company under sub-section (l), the Government company shall, on and from the date or such vesting, be deemed to have become the owner, tenant or lessee, as the case may be, in relation to such undertakings, and all the rights and liabilities of the Central Government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company. (3) The provisions of sub-section (2) of section 5 shall apply to a lease or tenancy, which vests in a Government company, as they apply to a lease or tenancy vested in the Central Government, and reference therein to the "Central Government" shall be construed as a reference to the Government company.
View Complete Act List Judgments citing this sectionBraithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Preamble 1
Title: The Braithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976
State: Central
Year: 1976
.....vital to the needs of the country, and for matters connected therewith or incidental thereto. WHEREAS Messrs.Braithwaite and Company (India) Limited was engaged in the manufacture and production of railway wagons, structural steel works for bridges and heavy workshop buildings, pressed steel tanks, cranes, road rollers, jute carding machines, roll formers, power sweepers, grey iron castings and steel forgings and also in the machining of intricate components of large sizes; AND WHEREAS as a result of heavy losses suffered by the Company, there had been a closure of certain works owned by the Company; AND WHEREAS for the purpose of speedily bringing the closed works of the Company into operation, the management of the undertakings of the Company was taken over by the Central Government, for a limited period, under section 18A of the Industries (Development and Regulation) Act, 1951; AND WHEREAS it is necessary to acquire the undertakings of the Company to ensure the continuance of the production of goods which are vital to the needs of the country; BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-
View Complete Act List Judgments citing this sectionBurmah Shell (Acquisition of Undertakings in India) Act, 1976 Preamble 1
Title: Burmah Shell (Acquisition of Undertakings in India) Act, 1976
State: Central
Year: 1976
THE BURMAH SHELL (ACQUISITION OF UNDERTAKINGS IN INDIA) ACT, 1976 [Act, No. 2of 1976] [24th January, 1976] PREAMBLE An Act to provide for the acquisition and transfer of the right, title and interest of the Burmah Shell Oil Storage and Distributing Company of India Limited in relation to its undertakings in India with a view to ensuring co-ordinated distribution and utilisation of petroleum products distributed and marketed in India by the said company and for matters connected therewith or incidental thereto. WHEREAS Burmah Shell Oil Storage and Distributing Company of India Limited, a foreign company, is carrying on in India the business of distributing and marketing petroleum products and has, for that purpose, established places of business at Bombay and other places in India.' AND WHEREAS it is expedient in the public interest that the undertakings in India, or Burmah Shell Oil Storage and Distributing Company of India Limited, should be acquired in order to ensure that the ownership and control of the petroleum products distributed and marketed in India by the said company are vested in the State and thereby so distributed as best to subserve the common good; .....
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