Undertaking - Year 1982 - Bare Acts

Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Complete Act

Title: Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982

State: Central

Year: 1982

.....Priority of claims Section20 - Examination of claims Section21 - Admission or rejection of claims Section22 - Disbursement of money by the Commissioner Section23 - Disbursement of amounts to the Company Section24 - Undisbursed or unclaimed amount to be deposited with the general revenue account Chapter VII Section25 - Act to have overriding effect Section26 - Contracts to cease to have effect unless ratified by 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 ScheduleI - SCHEDULE I

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Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act, 1982 Complete Act

Title: Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act, 1982

State: Central

Year: 1982

.....to the Commissioner Section16 - Priority in relation to claims Section17 - Claims to be made to the Commissioner Section18 - Proof of claims Section19 - Disbursement of money by the Commissioner to claimants Section20 - Undisbursed or unclaimed amount to be deposited to the general revenue account Chapter VII Section21 - Act to have overriding effect Section22 - Contract to cease to have effect unless ratified by the Central Government or Government company Section23 - Penalties Section24 - Offences by companies Section25 - Protection of action taken in good faith Section26 - Delegation of powers Section27 - Power to make rules Section28 - Power to remove difficulties

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Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Chapter II

Title: Acquisition and Transfer of the Undertakings of the Company

State: Central

Year: 1982

.....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.....

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Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Chapter IV

Title: Management, Etc. of the Undertakings of the Company

State: Central

Year: 1982

.....to which have vested in the Central Government under section 3, shall,- (a) where a direction has been made by the Central Government under sub-section (1) of section 6, vest in the Government company specified in such direction; or (b) where no such direction has been made by the Central Government; vest in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the Government company so specified or the Custodian or Custodians so appointed, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the Company is authorised to exercise and do in relation to its undertakings. (2) The Central Government may appoint one or more individuals or a Government company as the Custodian or Custodians of the undertakings of the Company in relation to which no direction has been made by it under sub-section (1) of section 6. (3) The Custodian or Custodians so appointed 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. Section 10.....

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Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Preamble 1

Title: Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982

State: Central

Year: 1982

.....the interests of the general public by ensuring the continuity of production of scientific instruments which are vital to the needs of the country and for matters connected therewith or incidental thereto. WHEREAS the Andhra Scientific Company Limited had been engaged in the manufacture and production of articles mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951, namely, scientific instruments; AND WHEREAS the management of the undertakings of the Andhra Scientific Company Limited was taken over by the Central Government under section I8AA of the Industries (Development and Regulation) Act, 1951; AND WHEREAS it is necessary to acquire the undertakings of the Andhra Scientific Company Limited to ensure that the interests of the general public are served by the continuance, by the undertakings of the Company, of the production of the aforesaid articles which are vital to the needs of the country; BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:--

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Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Section 6

Title: Power of Central Government to Direct Vesting of the Undertakings of the Company in a Government Company

State: Central

Year: 1982

(1) Notwithstanding anything contained in sections 3 and 4, the Central Government may, subject to such terms and conditions as it 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 that Government under section 3, shall, instead of continuing to vest in the Central Government, vest in a 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 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 of the Government company.

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Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Section 9

Title: Management, Etc., of the Undertakings of the Company

State: Central

Year: 1982

.....to which have vested in the Central Government under section 3, shall,- (a) where a direction has been made by the Central Government under sub-section (1) of section 6, vest in the Government company specified in such direction; or (b) where no such direction has been made by the Central Government; vest in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the Government company so specified or the Custodian or Custodians so appointed, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the Company is authorised to exercise and do in relation to its undertakings. (2) The Central Government may appoint one or more individuals or a Government company as the Custodian or Custodians of the undertakings of the Company in relation to which no direction has been made by it under sub-section (1) of section 6. (3) The Custodian or Custodians so appointed 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.

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Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Section 10

Title: Duty of Persons in Charge of Management of the Undertakings of the Company to Deliver All Assets, Etc

State: Central

Year: 1982

(1) On the vesting of the management of the undertakings of the Company in a Government company or on the appointment of a Custodian or Custodians, 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 or Custodians, as the case may be, all assets, books of account, registers or other documents in their custody relating to the undertakings of the 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 or Custodians, and such Government company or the Custodian or Custodians may also, if it is considered necessary so to do, 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 or in relation to any other matter arising in the course of such management.

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Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act, 1982 Preamble 1

Title: Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act, 1982

State: Central

Year: 1982

.....towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution. WHEREAS the Amritsar Sugar Mills Company has through its undertakings, namely the factory known as the Amritsar Oil Works, Amritsar been engaged in the manufacture and production of certain commodities, namely, vanaspati and refined edible oils which are essential to the needs of the community; AND WHEREAS the management of the said Amritsar Oil Works was taken over by the Central Government under the Industries (Development and Regulation) Act, 1951; AND WHEREAS it is necessary to acquire the undertakings of the Amritsar Sugar Mills Company in relation to the said Amritsar Oil Works for sustaining and strengthening the nucleus of public owned or controlled units required for ensuring supply of wholesome vanaspati and refined edible oils to the public at reasonable prices; AND WHEREAS such acquisition is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution; BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows

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Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982 Section 3

Title: Transfer To, and Vesting In, the Central Government of the Undertakings of the Company

State: Central

Year: 1982

On the appointed day, the undertakings of the Company, and the right, title and interest of the Company in relation to its undertakings, shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government.

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