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Start Free TrialBritannia 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
List Judgments citing this sectionSugar Undertakings (Taking over of Management) Act, 1978 Complete Act
Title: Sugar Undertakings (Taking over of Management) Act, 1978
State: Central
Year: 1978
.....up Section10 - Contracts, etc., in bad faith may be cancelled or varied Section11 - Power to terminate the contract of employment Section12 - Management of notified sugar undertakings pending taking over physical possession by the Custodian Section13 - Protection of action taken in good faith Section14 - Delegation of powers Section15 - Debts incurred for the purposes of notified sugar undertakings to have priority Section16 - Penalties Section17 - Offences by companies Section18 - Act not to apply to certain sugar undertakings Section19 - Act to have overriding effect Section20 - Power to make rules Section21 - Laying of rules and certain notifications Section22 - Repeal and saving ScheduleI - SCHEDULE
List Judgments citing this sectionHindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Complete Act
Title: Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978
State: Central
Year: 1978
.....the Commissioner Section20 - Priority of claims Section21 - Examination of claims Section22 - Admission or rejection of claims Section23 - Disbursement of amount by the Commissioner of claimants Section24 - Disbursement of amounts to the Company Section25 - Undisbursed or unclaimed amount to be deposited to the general revenue account Section26 - Assumption of liability Chapter VII Section27 - Act to have overriding effect Section28 - Provision relating to contracts Section29 - Transfer of assets, etc., to be void in certain cases Section30 - Protection of action taken in good faith Section31 - Penalties Section32 - Offences by companies Section33 - Delegation of powers Section34 - Power of Central Government to make rules Section35 - Power to remove difficulties Section36 - Declaration as to the policy of the State ScheduleI - SCHEDULE
List Judgments citing this sectionSugar Undertakings (Taking over of Management) Act, 1978 Section 3
Title: Vesting of Management of a Sugar Undertaking in Central Government
State: Central
Year: 1978
.....has in any sugar year failed to commence the manufacture of sugar on or before the appointed day in respect of that year, or having started the manufacture of sugar on or before that day ceased to manufacture sugar before the expiry of the average period of manufacture of sugar in relation to that undertaking; or (b) that on any date in any sugar year any sugar undertaking has, in relation to the cane1[purchased at any time (whether in that sugar year or in any earlier sugar year or sugar years and whether before or after the commencement of this Act), before that date] for the purposes of the undertaking, arrears of cane dues to the extent of more than ten percent, of the total price of the cane purchased for the purposes of the undertaking during the immediately preceding sugar year; and (c) that in either case the effective functioning of the undertaking is necessary for the purposes of this Act, the Central Government may issue a notice in such form and in such manner as may be prescribed to the owner or the manager of such sugar undertaking calling upon such owner or manager to report in writing within such time, not being less than five days, as may be specified in.....
View Complete Act List Judgments citing this sectionHindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Chapter IV
Title: Management, Etc. of the Undertakings of the Company
State: Central
Year: 1978
.....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 7. Section 11 - Duty to deliver possession of property acquired and documents relating thereto (1) On the vesting of the management of the undertakings of the Company in the State Government under section 6, every person in whose possession or custody or under whose control any property referred to in sub-section (1) of section 4 may be, shall deliver the property to the State Government forthwith. (2) Any person, Who on the appointed day has in his possession or under his control any books, documents or other papers relating to the undertakings of the Company which has vested in the State Government under section 6 and which belong to the Company, or, would have so belonged if the undertakings of the Company had not vested in the State Government, shall be liable to account for the said books, documents or other papers to the State Government and shall deliver them up to the State Government. (3) The State Government may take or cause to be taken, all necessary steps for securing possession of all properties which.....
View Complete Act List Judgments citing this sectionBritannia 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.....
View Complete Act List Judgments citing this sectionBritannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Chapter IV
Title: Management Etc., of Mokamen Unit and the Undertakings of Arthur Butler and Company
State: Central
Year: 1978
.....all necessary steps for securing possession of the Mokameh unit and the undertakings of Arthur Butler and Company which have vested in it under section 3. Section 11 - Duty of the companies to furnish particulars Britannia engineering company and Arthur Butler and Company shall within such period as the Central Government may allow in this behalf furnish to that Government a complete inventory of all it propertied and assets as on the appointed day pertaining to the Mokameh unit or as the case may be the undertakings owned by Arthur Butler and Company which has or have vested in the Central Government under section 3 and for this purpose the Central Government or the Government Company shall afford Britannia Engineering company or Arthur butler and company all reusable reasonable facilities. Section 12 - Duty of persons in charge of manage of Mokameh unit pro under takings of Arthur and company to deliver assets etc. On the vesting in the Central Government or the Government Company of the management of the Mokameh unit or of any undertakings owned by Arthur Butler and Company all persons in charge of the management of the Mokameh unit or as the case may be the.....
View Complete Act List Judgments citing this sectionSugar Undertakings (Taking over of Management) Act, 1978 Section 12
Title: Management of Notified Sugar Undertakings Pending Taking over Physical Possession by the Custodian
State: Central
Year: 1978
.....of meeting the routine day to day expenditure; (ii) transfer or otherwise dispose of any such assets or create any charge, hypothecation, lien or other incumbrance thereon; (iii) invest in any manner any moneys forming part of such assets; (iv) acquire any immovable property out of the moneys forming part of such assets; (v) enter into any contract of service or agency, whether expressly or by implication, for purposes connected wholly or partly with the undertaking or vary the terms and conditions of any contract relating to any such transaction subsisting on the date of vesting. (3) The approval of the Custodian-General may be given either generally in relation to certain classes of transactions relating to the notified sugar undertaking or specially in relation to any of its transactions.
View Complete Act List Judgments citing this sectionSugar Undertakings (Taking over of Management) Act, 1978 Section 4
Title: Assets, Etc., of Notified Undertaking
State: Central
Year: 1978
.....date, shall be deemed to have terminated on that date. (3) All persons in whom the management of the business and affairs of the notified sugar undertaking vests immediately before the date of vesting shall, as from that date, cease to be so vested, (4) Notwithstanding any judgment, decree or order of any Court, tribunal or other authority or anything Contained in any law (other than this Act) for the time being in force, every Receiver, Official Liquidator or other person in whose possession or custody or under whose control the notified sugar undertaking or any part thereof may be immediately before the date of vesting, shall, on that date, deliver the possession of the said undertaking or such part thereof as the case may be, to the Custodian, appointed under section 5, or, where no Custodian has been appointed, to such other person as the Central Government may direct. (5) The Central Government may take, or cause to be taken, all necessary steps for securing the possession of the notified sugar undertaking.
View Complete Act List Judgments citing this sectionSugar Undertakings (Taking over of Management) Act, 1978 Chapter III
Title: Relief to Sugar Undertakings and Cane Producing Farmers
State: Central
Year: 1978
.....fit to the Custodian-General and the Custodians to facilitate the speedy clearance of arrears of cane dues so as to avoid undue hardship to cane producing farmers. (2) Without prejudice to the provisions of sub-section (1), the Central Government may render such assistance in such manner as it may deem fit to any notified sugar undertaking to enable the undertaking to clear the whole or any part of its arrears of cane dues so as to avoid undue hardship to cane producing farmers. Explanation. For the purposes of this section, the expression "arrears of cane dues" shall he construed in accordance with the provisions of Cls. (a) and (b) of sub-section (6) of section 3.
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