REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
So. 69] NEW DELHI, TUESDAY, OCTOBER 31, 1972/KARTIKA 9, 1894
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 31st October, 1972/Kartika 9, 1894 (Saka)
THE SICK TEXTILE UNDERTAKINGS (TAKING OVER OF MANAGEMENT) ORDINANCE, 1972
No. 9 OF 1972
Promulgated by the President in the Twenty-third Year of the Republic of India.
An Ordinance to provide for the taking over, in the public interest, of the management of sick textile undertakings, pending nationalisation of such undertakings, and for matters connected therewith or incidental thereto.
WHEREAS it is expedient in the public interest that the sick textile undertakings should be nationalised for the expeditious rehabilitation of such undertakings so that such rehabilitation may subserve the interest of the general public by the augmentation of the production, and distribution at fair prices, of cheaper varieties of cloth;
AND WHEREAS it is expedient in the public interest to take over the management of the sick textile undertakings, pending nationalisation thereof;
(853)
854 THE GAZETTE OF INDIA EXTKAOHDINARY [PABT II—AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take imme- diate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
CHAPTER I
PRELIMINARY
Short title 1. (1) This Ordinance may be called the Sick .Textile Undertakings and com- (Taking Over of Management) Ordinance, 1972. mcncement v "
(2) It shall come into force at once.
Definitions 2 In t n is Or d i n a n c e> unless the context otherwise requires,—
(a) "appointed day" means the date of promulgation of this
Ordinance;
(b) "notification" means a notification published in the Official
Gazette;
(c) "sick textile undertaking" means the textile undertaking^ -u
which falls within one or more of the following categories, namely: —
(i) which is being wound up, whether voluntarily or by or
under the supervision of any Court,
(ii) which is not being wound up but which had remained closed for a period of not less than three months immediately before the appointed day and the closure of which is prejudicial to the textile industry, and the condition of the undertaking is such that it may, with resasonable inputs, be re-started in the interests of the general public,
(Hi) which has been leased by the textile company to Govern- ment or any other person or the management of which has been taken over by Government or any other person under any leave or licence granted by any Receiver or Liquidator by or under the orders of, or with the approval of, any Court,
(iv) the management of which was authorised by the Central Government, by a notified order made under section 18A of the Industries (Development and Regulation) Act, 1951, to be 65 of 1051. taken over by a person or body of persons, but such management could not be taken over by such person or body of persons, before the appointed day,
(v) the management of which ought to be [according to the report made after investigation by any person or body of persons apnointed after the 1st day of January, 1970, under section 15 or section 15A of the Industries (Development and •Regulation) Act, 19511 taking over under section ISA or section 18AA, as the case 85 of 1951. may be, under that Act, but In relation to which no notified order
SEC. 11 THE GAZETTE Clfr INDiA . .WAftY 855
authorising any person or body of persons to take over t he management of such undertaking was made before the appoint- ed day,
(vi) in respect of which an investigation was caused to be made, before the appointed day, by the Central Government under section 15 or section 15A of the Industries (Development and Regulation) Act, 1951, and the report of such investigation was not received by the Central Government before the appointed day, and includes any textile undertaking which is deemed, under sub-section (2) of section 4, to be a sick textile undertaking
(d) "textile" includes y a rn or fabrics made either wholly or partly or cotton, wool, jute, synthetic and artificial (man-made) fibres;
(e) "textile company" means a company specified in the third column of the First Schedule as owning the textile undertaking specified in the corresponding entry in the second cloumn of that Schedule;
(f) "textile undertaking" means the undertaking of a textile company;
(g) words and expressions used but not denned in this Ordinance 65 of 1951. and denned in the Industries (Development and Regulation) Act, 1951, shall have t he meanings respectively assigned to them in that Act;
h) words and expressions used but not defined either in this
3. The provisions of this Ordinance shall have effect notwithstanding ordinance anything inconsistent therewith contained in any enactment (other than to override this Ordinance) or any judgment, decree or order of any Court, tribunal enact-1^ or other authority or any instrument having effect by virtue of any enact- merits, etc. ment other than this Ordinance.
CHAPTER II
MANAGEMENT OF SICK TEXTILE UNDERTAKINGS
4. (2) On and from the appointed day, the management of all the sick Manage- textile undertakings specified in the First Schedule shall vest in the ^lex- Central Government.
tile under- takings to vest in Central Govern- ment on the ap- pointed day.
(2) If, after the promulgation of this Ordinance, any investigation is ordered, under section 15 or section 15A of the Industries (Development 65 of 1951. an<* Regulation) Act, 1951, in relation to the textile undertaking of any company, and it is reported after such investigation that the management of such textile undertaking ought to be taken over under section, 18A or section 18FA of that Act, the Central Government may, if it is satisfied
856 THE GAZETTE OF INDIA EXTRAORDINARY [PARI n—after a consideration of such report and other relevant matters that such undertaking ought to be declared to be a sick textile undertaking, make a declaration to that effect and further declare that the management of such textile undertaking ought to be taken over by it under this Ordi- nance, and on and from the date of such declarations,—
(i) such textile undertaking shall be deemed to be a sick textile undertaking,
(it) the management of such textile undertaking shall be deemed, for the purposes of this Ordinance, to vest in the Central Government, and
(Hi) the textile undertaking and the company owning it shall be deemed to be included in the First Schedule.
and thereupon the provisions of this Ordinance shall become applicable thereto subject to the modification that for the words "appointed day", wherever they occur, the words, brackets and figures "date of the decla- ration made by the Central Government under sub-section (2) of section 4" shall be substituted.
(3) The sick textile undertaking shall be deemed to include all assets, rights, powers, authorities and privileges of the textile company, in rela- tion to the said sick textile undertaking, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery, automobiles and other vehicles and goods under production or in transit, cash balances, reserve fund, investments and all other rights and interests in, or arising out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of the textile company, whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto.
(4) Any contract, whether express or implied, or other arrangement (whether under any statute or otherwise) in so far it relates to the management of the business and affairs of the sick textile undertaking, and in force immediately before the appointed day, or any order made by any Court in so far as it relates to the management of the business and affairs of the sick textile undertaking and in force immediately before the appointed day, shall be deemed to have terminated on the appointed day.
(5) All persons in whom the management of the business and affairs of the sick textile undertaking vests immediately before the appointed day, shall, as from that day, cease to be so vested.
(6) Notwithstanding any judgment, decree or order of any Court, tribunal or other authority or anything contained in any law (other than this Ordinance) for the time being in force, every Receiver, Official Liquidator or other person in whose possession or custody or under whose control a sick textile undertaking or any part thereof may be immediately before the appointed day, shall, on the commencement of this Ordinance, 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 Govern- ment may direct.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 857(7) The Central Government may take, or cause to be taken, all necessary steps for securing the possession of the sick textile undertaking which has vested in 44*".nder section 4.
(8) No resolution passed at any meeting of the shareholders of the textile company on or after the appointed day regarding the business of the textile company, in so far as it relates to the sick textile undertaking, shall be given effect to unless approved by the Central Government.
&5& THE GAZETTE OF INDIA EXTRAORDINARY [ P A S* II—investments and belongings) forming part of the sick textile undertaking immediately before the appointed day and of all liabilities and obligations of the sick textile undertaking subsisting immediately before that day and also of all agreements entered into by the textile company, in relation to the sick undertaking, and in force -immediately before that day.
(7) The Custodian and Custodian-General shall hold office during the pleasure of the Central Government and shall receive from the funds of the sick textile undertaking such remuneration as may be fixed by the Central Government.
~~
Payment ®* ^ Every textile company shall be given by the Central Govern- of amount, ment an amount, in cash, for vesting in it, under section 4, the manage-
ment of the sick textile undertaking of such company.
(2) For every month during which the management of the sick textile undertaking remains vested in the Central Government under this Ordi- nance, the amount referred to in sub-section (1) shall be computed at the rate of—
(i) fifty paise per one thousand spindles or any part thereof, in
the case of a sick textile undertaking having spindles only;
(ii) one rupee per one hundred looms or any part thereof, in the
case of a sick textile undertaking having looms only;
(iii) fifty paise per one thousand spindles or any part thereof, and one rupee per one hundred looms or any part thereof, in the case of a sick textile undertaking having both spindles and looms.
CHAPTER III
POWER TO PROVIDE RELIEF TO SICK TEXTILE UNDERTAKINGS
Power of 7. (1) The Central Government may, if it is satisfied, in relation to a Govern- s^c^ textile undertaking or any part thereof, the management of which ment to has vested in it under this Ordinance, that it is necessary so to do in the taicuiecla- interests of the general public with, a view to preventing the fall in the rations in volume of production of the textile industry, it may, by notification, sSktex-t0 declare t h a t- tile under- takings, (a) all or any of the enactments specified in the Second Schedule shall not apply or shall apply with such adaptations, whether by way or modification, addition or omission (which does not, however, affect the policy of the said enactments) to such sick textile undertaking, as may be specified in such notification, or
(b) the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force (to which such sick textile undertaking or the company owning such undertaking is a party or which may be appli- cable to such sick textile undertaking or company) immediately before the date of issue of the notification shall remain suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended- or shall be enforceable with such adaptations and in such manner as may be specified in the notification.
S"c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 859(2) The notification made under sub-section (1) shall remain in force, in the first instance, for a period of one year, but the duration of such notification may be extended from time to time by a further notification by a period not exceeding one year at a time:
Provided that no such notification shall, in any case, remain in force after the expiry of the period of operation of this Ordinance.
(3) Any notification made under sub-section (1) shall have effect not- withstanding anything to the contrary contained in any other law, agree- ment or instrument or any decree or order of a Court, tribunal, officer or other authority or of any submission, settlement or standing order.
(4) Any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub-section (T) and suspended or modified by a notification made under that sub-section shall, in accordance with the terms of the notification, remain suspended or modified and all procedings relating thereto pending before any Court, tribunal, officer or other authority shall accordingly remain stayed or be continued subject to such adaptations, so, however, that on the notification ceasing to have effect-
to) any right, privilege, obligation or liabilities so remaining
suspended or modified shall become revived and enforceable as if the notification had never been made;
(b) any proceeding so remaining stayed shall be proceeded with subject to the provisions of any law which may then be in force, from the stage which had been reached when the proceedings become stayed.
(5) In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause (b) of sub- section (1), the period during which it or the remedy for the enforcement thereof remained suspended shall be excluded.
CHAPTER IV
MISCELLANEOUS
8. (1) No proceeding for the winding up of a textile company, within Textile the meaning of this Ordinance, shall lie in any Court or be continued companies whether by or under the supervision of any Court or voluntarily, except wound up. with the consent of the Central Government.
(3) In computing the period of limitation prescribed by any law for the time being in force for any application which may be made in the course of winding up of any textile company in respect of any matter arising out of any transaction in relation to a sick textile undertaking, the time during which this Ordinance is in force shall be excluded.
9. (1) If the Central Government is satisfied, after such inquiry as it Contracts may think fit, that any contract or agreement entered into, at any time etc.. in bad within twelve months immediately preceding the appointed day, between ^e can*-87 the textile company or its agent and any other person, in relation to its ceiled or sick textile undertaking, has been entered into in bad faith and is v a r i e d- detrimental to the interests of the sick textile undertaking, it may make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) the contract or agreement and thereafter the contract or agreement shall have effect accordingly:
860 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I_Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reason- able opportunity of being heard.
(2) Any person aggrieved by an order made under sub-section (1) may make an application to the principal Court of civil jurisdiction within the local limits of whose jurisdiction the registered office of the textile company is situated for the variation or reversal of such order and, thereupon such Court may confirm, modify or reverse such order.
Power to 10. If the Custodian or Custodian-General is of opinion that any con- terminate tract of employment entered into by any textile company or its agent, tract of in relation to its sick textile undertaking, at any time before the employ- appointed day, is unduly onerous, he may, by giving to the employee one month's natice in writing or the salary or wages for one month in lieu thereof, terminate such contract of employment.
Manage- 11. (1) Pending the taking over by a Custodian, appointed under j^ck^ex section 5, of the physical possession of any sick textile undertaking, the tile under- person in charge of the management of such undertaking immediately taendh? before the appointed day shall, on and from the appointed day, be in taking over charge of the management of such undertaking for and on behalf of the physical Central Government and the management of such undertaking shall by the De carried on by such person subject to the provisions contained in sub- Custodian, section (2) and such directions, if any, as the Central Government may give to him, and no other person, including the textile company, shall, so long as such management continues, exercise any powers of manage- ment in relation to the sick textile undertaking.
(2) (a) No person in charge, under sub-section (1), of a sick textile
undertaking shall; or
(b) no person in charge of the textile undertaking of a company in relation to which any investigation has been ordered, after the pro- mulgation of this Ordinance, under section 15 or section 15A of the Industries (Development and Regulation) Act, 1951, shall, during the g5 of I9 5I, period of operation of this Orinance,
without the previous approval of the pergon specified by the Central Government in this behalf in respect of that undertaking (hereinafter referred to as the "authorised person"),—
(i) incur any expenditure from the assets • appertaining to the textile undertaking otherwise than for the purpose of making routine payments of salaries or commissions to employees, agents or for the purpose 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;
(Hi) invest in any manner any monies forming part of such assets
(iv) acquire any immovable property out of the monies forming
part of such assets;
(v) enter into any contract of service or agency, whether express- ly or by implication, for purposes connected wholly or partly with the textile undertaking or vary the terms and conditions of any contract relating to any such transaction subsisting on the appointed day.
SKC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 861(3) The approval of the authorised person may be given either generally in relation to certain classes of transactions relating to the textile undertaking nr specially in relation to any of its transactions.
12. (1) No suit, prosecution or other legal proceeding shall lie against Protection the Custodian-General or any Custodian in respect of anything which ^^n*1)0^ is in good faith done or intended to be done under this Ordinance. good fjuth.
(2) No suit or other legal proceeding shall lie against the Central Government, the Custodian-General or any Custodian for any damage caused, or likely to be caused, by anything which is in good faith done or intended to be done under this Ordinance.
13. {1) The Central Government may, by notification, direct that all Delegation or any of the powers exercisable by it under this Ordinance may also of powers- be exercised by any person or persons as may be specified in the notification.
(2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the •direction, control and supervision of the Central Government;
14. If any person—
Penalties.
(a) fails to deliver to the Custodian any assets, books of account, registers or any other documents in his custody relating to any sick textile undertaking, the management of which has vested in the Central Government, or
(fa) retains any property of such sick textile undertaking or removes or destroys it, or
(c) fails to comply with the provisions of section 5, or
(d) fails to comply with any direction made under this Ordinance,
he shall be punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
15. (2) Where an offence under this Ordinance has been committed by Offences iiV a company, every person who at the time the offence was committed was <'orr>pa"ies- in charge of, and was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded agajnst and punished acocrdingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (i), where any offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
862 THE GAZETTE OF INDIA EXTRAORDINARY IPABT II—Explanation.—For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or
other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Power to 1®' (^) The Central Government may, by notification, make rules make rules to carry out the provisions of this Ordinance.
(2) Every rule made by the Central Government under this Ordinance shall be laid, as soon as may be after it is made, before each Hou3e of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more succes- sive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in tho rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Sic. 1] THE GAZETTE OF INDIA EXTRAOHDIJNARY 863THE FIRST SCHEDULE
(See section 4)
Name and address of the textile company own- SI. No, Name and address of the sick textile undertaking
(2)
(0
1. Adoni Cotton Mills, Alur Road, Adoni (A.P.).
2 Anantapur Cotton Mills, Tadapatri (Andhra Pradesh).
3. Apollo Mills, N.M. Joshi Marg, Chinchpokli, Bombay-11.
4. Arati Cotton Mills, Da-snagar, Howrah (West Bengal).
5. Balarama Varma Textile Mills. Shencottah (Tamil Nadu).
6. Bangasri Cotton Mills, Sodepore (West Bengal).
7 Bengal Fine Spg. & Wvg. Mills, Mill No. 2, Kataganj, Distt. Nadia (West Bengal).
R Bijli Cotton Mills, Mendu Road, Hathras (Uttar Pradesh).
9. Cannanorc Spg. &,Wvg. Mills, Cannanore (Kerala).
10. Dayalbagh Spg. & Wvg. Mills, Amritsar.
1] Edward Mills, Beawar (Raja?than).
12. Edward Textile Mills, Ferguson Road Lower Parel, Bombay.
13. Fine Knitting Mills, near Chamunda- mata, Asarva Road, Ahmedabad.
14. Gaya Cotton & Jute Mills. Gaya (Bihar).
ing the sick textile undertaking
(3)
Adoni Cotton Mills Ltd., 22, Bell Building, Sir P.M. Road, Bombay-1.
The Anantapur Cotton Mills Ltd., Tadapatri (Andhra Pradesh).
Apollo Mills Ltd., N.M. Joshi Marg, Chinchpokli, Bombay-11.
Arati Cotton Mills Ltd., 29, Strand Road, Calcutta-1.
Balarama Varma Textiles Ltd., Shencottah (Tamil Nadu).
The Bangasri Cotton Mills Ltd., Chandrachur Sadan, Sodepore, 24-Parganas (West Bengal).
Bengal Fine Spg. & Wvg. Mills Ltd., 7, Bipin Behari Ganguly Street, Calcutta.
The Bijli Cotton Mills (P) Ltd., Agra (Uttar Pradesh).
The Cannanore Spg. & Wvg. Mills Ltd., Cannanore (Kerala).
Sir Sahabji Maharaj Mills Ltd., Dayalbagh, Agra.
The Edward Mills Co. Ltd., Beawar (Rajasthan).
Edward Textile Mills Ltd., Indu House, Dougall Road, Ballard Estate, Bombay.
The Fine Knitting Company Ltd., Asarva, near Chamundamata, Ahmedabad-16.
Gaya Cotton & Jute Mills Ltd., Gaya (Bihar).
864 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II—Name and address of the sick textile SI. No
undertaking
(2)
(0
15. Indore Malwa United Mills, Indore.
16. Jayashankar Mills Barsi, Barsi, Distt. Sholapur (Maharashtra).
17. Jyoti Weaving Factory, 69, S. K. Dev Road, Calcutta-48.
18. Kaleeswarar Mills, A Unit, Coimbatore.
19. Kaleeswarar Mills, B Unit, Kalaynarkoil (Distt. Ramnad).
20. Kalyanmal Mills, 15, Silnath Camp, Indore,
21. Kanoria Industries, (Cotton Mills Section), Konnagar (West Bengal).
22. Kerala Lakshmi Mills, Trichur, Kerala State.
23. Kharar Textile Mills, Kharar, near Chandigarh.
24. Lord Krishna Textile Mills, Saharanpur (Uttar Pradesh).
25. Mahboob Shahi Kulbarga Mills, Gulbarga (Mysore).
26. New Kaiser-i-Hind Spg. & Wvg. Mills, Gorupdeo Road, Chinohpokli, Bombay-33.
27. New Pratap Spg,, Wvg. & Mfg. Mills, Dhulia, West Khandesh.
28. Orissa Cotton Mills, Bhagatpur, Cuttack.
29. Osmanshahi Mills, Mill Road, Nanded (Maharashtra)
30, Panipat Woollen Mills, Kharar, near Chandigarh,
31. Pankaja Mills, Coimbatore,
-UAVO Auaduioa SIJ^XOI am }O esajppB PUB OUIBJSI
ing the sick textile undertaking
(3)
The Indore Malwa United Mills Ltd., 139, Meadows Street, Fort, Bombay.
The Jayashankar Mills Barsi Ltd., Barsi, Distt, Sholapur (Maharashtra).
Jyoti Weaving Factory Pvt. Ltd., 69, S. K. Dev Road, Patipukur, Calcutta-48,
The Kaleeriwarar Mills Ltd., Coimbatore.
Kalyanmal Mills Ltd., 15, Silnath Camp, Indore.
Kanoria Industries Ltd., 59, Netaji Subhas Road, Calcutta-1.
Kerala Lakshmi Mills Ltd., Pullazhi, Trichur-4, Kerala State.
The Panipat Woollen & General Mills Co. Ltd., Kharar, near Chandigarh.
Lord Krishna Sugar Mills Ltd., Chand Hotel, Chandni Chowk, Delhi.
Mahboob Shahi Kulbarga Mills Co, Ltd., Gulbarga (Mysore).
New Kaiser-i-Hind Spg. & Wvg. Co. Ltd., Ashqka Apartment, Altampunt Road, Bombay.
New Pratap Spg. Wvg, & Mfg. Co. Ltd., Dhulia, West Khandesh.
Orissa Cotton Mills Ltd., 41, Ironside Road, Calcutta-1.
Osman3hahi Mills Ltd., Mill Road, Nanded (Maharashtra).
The Panipat Woollen & General Mills Co. Ltd., Kharar, near Chandigarh.
Pankaja Mills Ltd., Coimbatore.
SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY $65SI. No. Name and address of the sick textile
undertaking
( 1)
(*)
32. Pioneer Spinners, Pioneernagar (Tamil Nadu)
33. Prabha Mills, Viramgam (Gujarat).
34. R. B. Bansilal Abirchand Spg. & Wvg. Mills, Hinghanghat, (Maharashtra).
'35. Savatram Ramprasad Mills, Akola (Maharashtra).
36. Seksaria Cotton Mills, Delisle Road, Parel, Bombay.
37. Shree Bijay Cotton Mills, Bijainagar (Rajasthan).
38. Shri Vikram Cotton Mills, Narghat, Mirjapur.
39. Sodepur Cotton Mills, Sodepur (West Bengal).
40. Sree Yallamma Cotton, Woollen & Silk Mills, Yajlamnagar (Tolahunaso Railway Station),
41. Sri Kothandram Spg. Mills, Madurai.
42.
Sri Sarada Mills, Podanur (Tamil Nadu).
43.
44.
Suraj Textile Mills, Malout Mandi, Punjab. Tirupathi Cotton Mills, Reningunta (Andhra Pradesh).
45. Vidarbha Mills, (Berar) Ellichpur (Maharashtra).
46. Vijaymohini Mills, Trivandrum.
Name and address of the textile company own-
Ing the tick textile undertaking
(3)
Pioneer Spinners (P) Ltd., Pioneernagar (Tamil Nadu)
Prabha Mills Ltd., Highway Rose Build., 92, Ambawadi, Dixit Road, Vile Parle, Bombay-57.
R.B. Bansilal Abirchand Spg. & Wvg. Mills Co. (P) Ltd., Hinghanghat, (Maharashtra).
Savatram Ramprasad Mill Co. Ltd., Akola (Maharashtra).
Seksaria Cotton Mills Ltd., Delisle Road, Parel, Bombay.
Shree Bijay Cotton Mills Ltd., Bijainagar (Rajasthan),
Shri Vikram Cotton Mills Ltd., Lucl^now (Uttar Pradesh).
Sodepur Cotton Mills Ltd., Sodepur (West Bengal).
Sree Yallamma Cotton, Woollen & Silk Mills Co. Ltd., Davangere City (Mysore State).
Sri Kothandram Spg. Mills (P) Ltd., Madurai.
Sri Sarada Mills Ltd., Podanur (Tamil Nadu).
Suraj Textile Mills Ltd., Malout Mandi, Punjab. Tirupathi Cotton Mills Ltd., 8, Boag Road, T. Nagar, Madras-17.
Vidarbha Mills Berar Ltd., Ellichpur (Maharashtra).
The Vijaymohini Mills Ltd., Trivandrum.
866 THE GAZETTE OF INDIA EXTRAORDINARY [PAIO II—Sic. 1]THE SECOND SCHEDULE
(See section T)
aoof 1946-
The Industrial Employment (Standing Orders) Act 1946.
1.
14 ot 1947.
The Industrial Disputes Act, 1947.
2.
The Minimum Wages Act, 1948.
11 of 1948-
a
V. V. GIRI,
President.
K. K. SUNDARAM,
Joint Secy, to the Govt. of India.
P H N I ID BY THE GENERAL MANAOBR, OOVTBRKMENT OP SNDU n K S S, *fWTTO AOML
NEW DELHI AMD rUBUSHEP BY THE MANAOEJt Ol" PUBLICATIONS, DBLBI, 1972
- ^^ as the Custodian of a sick textile undertaking for the purpose of taking to take over the management of such undertaking and the Custodian so appointed ^^ag&- shall carry on the management of such undertaking for and on behalf of ment of textile* the Central Government. under- (2) The Central Government may also appoint a Government com- taking, pany as the Custodian-General for exercising supervision and control over all the sick textile undertakings the management of which has vested in it under this Ordinance and on such appointment, every Custodian appointed under sub-section (2) shall act under the guidance, control and supervision of the Custodian-General. (3) On the appointment of a Custodian under sub-section (1), the charge of management of the sick textile undertaking shall vest in such Custodian and all persons in charge of the management of such undertak- ing immediately before such appointment shall .cease to be in charge >oi. such management and shall be bound to deliver to the Custodian all assets, books of account, registers or other documents in their custody relating to the sick textile undertaking. (4) The Central Government may issue such directions (including directions as to initiating, defending or continuing any legal proceedings before any Court, tribunal or other authority) to the Custodian or Custodian-General as to his or its powers and duties as the Central Gov- ernment deems desirable and the Custodian or the Custodian-General may apply to the Central Government at any time for instructions as to the manner in which the Custodian or the Custodian-General shall conduct the management of the undertaking of the company or in relation to any matter arising in the course of such management. (5) Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the sick textile undertaking, the management of which has vested in the Central Government under this Ordinance, shall, notwithstanding any- thing contained in any other law for the time being in force, be liable, to account for the books, papers and other documents, to the Custodian and shall deliver them up to the Custodian or to such other person as may be authorised by the Central Government or the Custodian in this behalf. (6) Every person in charge of the management of a sick textile under- taking, immediately before the appointed day, shall, within ten d«y» from that day or within such further -period as the Central Government may,allow in this behalf, furnisk to the Custodian a complete inventory of all th'e properties and assets (including particulars of book debts, ↩