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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 104] NEW DELHI, FRIDAY, MARCH 19, 1976/PHALGUNA 29, 1897

Separata paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF INDUSTRY AND CIVIL SUPPLIES

New Delhi, the 19th March 1976

NOTIFICATION

New Delhi the 19th March 1976

G.S.R. 243(E)/IDRA/30/l/76.—The following draft of ruless to amend the Investigation of Industrial Undertakings owned by Companies in Liquidation (Pro- cedure) Rules, 1973, which the Central Government proposes to make in exercise of the powers conferred by Section 30 of the Industries (Development and Regula- tion) Act, 1951 (65 of 1951), is hereby published as required by sub-section (1) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft will be taken into consideration after sixty days from the date of publication. of this notification in the Official Gazette. Any objections or suggestions which may be received from any person with respect to the said draft before the period so specified will be considered by the Central Government.

DRAFT RULES

In exercise of the powers conferred by section 30 of the Industries (Develop- ment and Regulation) Act, 1951 (65 of 1951). the Central Government hereby makes

(847)

2. In the Investigation of Industrial Undertakings owned by Companies in Liqui- dation (Procedure) Rules, 1973, for rules 4, 5 and 6 the following rules shall be substituted, namely:—

4. Procedure for investigation.— (1) For the purposes of making an investi- gation, the investigator shall send a notice to the company concerned, to the registered trade unions, if any, of which the employees of the company are members and to the creditors thereof individually by registered post acknowledgement due.

(2) The investigator shall also publish a notice in regard to the investigation in two successive issues of a leading newspaper published in the English language and of a leading newspaper published in the regional language commonly used in the area in which the company is situated.

(3) The company or any registered trade union or member or creditor there- of may, within a period of twenty one days from the date of received of such notice by the company, trade union, member or creditor, as the case may be, forward its or his suggestions and objections, if any, to the investigator:

Provided that in the event of a company, trade union, member or creditor refusing to accept the notice or sign the acknowledgement, the Said period of twenty one days shall be reckoned from the date of such refusal:

Provided further that if the notice is returned on the ground that the com- pany, trade union, member or creditor or any person duly authorised by such company, trade union, member or creditor, as the case may be to receive the notice on its or his behalf is not found, the investiga- tor shall cause the notice to be served on such company, trade union, member or creditor, as the case may be, by affixing a copy of the notice in some conspicuous part of the place where such company, trade union member or creditor is known to have carried on business or known to have resided or personally worked for gain and the said period of twenty one days shall be reckoned from the date of such affixation.

6 Opportunity for hearing.—The Investigator shall before the completion of his Investigation, give the official Liquidator if any, of the company owing the Industrial undertaking or any other person for the time being in charge of the management or control of the industrial under- taking the employees of the industrial undertaking and the former employees of the industrial undertaking, if any, whose service became discharged by reason of the said company being wound up, a reason- able opportunity of being heard including the opportunity to adduce evidence.

6. Submission of report.— (1) The investigator shall, after completing the in- vestigation submit a report to the Central Government within the period specified in the order appointing such investigator or if no such period is specified therein, within three months from the date on which such order is published in the Official Gazette;

Provided that if the Central Government is of opinion that it is expedient in the public Interest so to do, It may extend the period for such period not exceeding one month at a time.

(2) The investigator shall also forward along with his report to the Central Government, the suggestions and objections in original, if any. receiv- ed from the company, trade union, member or creditor, under rule 4, together with his comments thereon."

[No. 13(5)/Lic. Pol./74.1

D. K. SAXENA, Jt. Secy.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, M1NTO ROAD,

taW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1976