REGISTERED No. D- ( D) -72 रजिस्ट्रीसं० डी-(डी) -72
भारत का राजपत्र The Gazette of India
असाधारण
CENTRALSECRETARIATLIBR No
EXTRAORDINARY
R
भाग II-खण्ड 2
*
PART II- Section 2
GOVO
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 33]
No. 33]
नई दिल्ली, सोमवार , मई 14, 1979/ बैशाख 24, 1901 NEW DELHI , MONDAY, MAY 14 , 1979 /VAISAKНА 24, 1901
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलम के रूप में रखा जा सके ।
Separate paging is given to this Part in order thatit may be filed as a separate compilation
LOK SABНА
The following Bills were introduced in Lok Sabha on the 14th May, 1979 :-
BILL NO . 71 OF 1979
A Bill to amend the Hindustan Tractors Limited ( Acquisition and Transfer of Undertakings ) Act, 1978 .
BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows :--
Short title.
1. This Act may be called the Hindustan Tractors Limited (Acquisi- tion and Transfer of Undertakings ) Amendment Act , 1979 .
13 of1978,
Amend ment of section 5.
2. In section 5 of the Hindustan Tractors Limited ( Acquisition and Transfer of Undertakings ) Act, 1978 ( hereinafter referred to as the principa Act ) , in sub - section (2 ) , in clause ( b ) , the following shall be , and shall be deemed always to have been, inserted at the end , namely : -
", but excluding loans advanced , on or after such date , by a bank to the Company to the extent such loans have been utilised by the Company for the re- payment of, or the payment of interest on , secured loans advanced to the Company by a bank at any time before such date".
Amend- ment of the Sche- dule.
3. In the Schedule to the principal Act, in Category III , after the words "Secured loans " , the following shall be, and shall be deemed al- ways to have been, inserted , namely: -
", including loans advanced , on or after the date of taking over , by a bank to the Company to the extent such loans have been utilis- ed by the Company for the re - payment of, or the payment of interest on, secured loans advanced to the Company by a bank at any time before the date of taking over " .
(541) [PART II
THE GAZETTE OF INDIA EXTRAORDINARY
542
STATEMENT OF OBJECTS AND REASONS
The Government of India assumed the management of Hindustan Tractors Limited, Vishwamitri , Baroda in March, 1973 under the Indus- tries (Development and Regulation) Act , 1951 , and appointed Gujarat Agro Industries Corporation as its Authorised Controller for a period of five years . The undertakings of the Company were acquired by the Central Government with effect from the 1st April , 1978, on the enact- ment of the Hindustan Tractors Limited (Acquisition and Transfer of Undertakings ) Act, 1978. The undertakings were vested on the same date in the State Government of Gujarat and a new company in the name of Gujarat Tractor Corporation Ltd. has also been formed to carry on the activity.
2. Section 5 of the Act specifies the manner in which the liabilities of the Hindustan Tractors Limited prior to the taking over of the management of the Company and after the taking over of the manage- ment of the Company should be taken care of. According to this section, Liabilities arising in respect inter alia of secured loans advanced by a bank to the Company before the date of taking over shall be enforceable against the Company . According to Part B of the schedule to the Act, secured loans relating to the pre - take over management period fall within Category III priority and the intention of the Act was that the secured loans advanced by banks to the Company before the take over of the Company should be met from out of the amount payable to the Company for the transfer to , and vesting in, the Central Government of the undertakings of the Company under section 8 of the Act . It was envisaged that the secured loans advanced by the State Bank of India to the Company before the take over of the Company would qualify for payment under Category III of Part B of the Schedule and this consi- deration was taken into account in determining the amount which has been specified in section 8 as the amount payable to the Company . On further examination, it has been discovered that in view of the account- ing treatment given in the books of the State Bank of India by reason of the adjustment of the loans given by the bank after the take over against the secured loans given by the Bank to the Company before the take over , all the amounts due to the State Bank have to be treated as post-take over loans . The post - take over loans which were advanced by the State Bank of India to the extent they were utilised for meeting the pre-take over secured loans advanced by the bank to the Company should be entitled to the same treatment to which the pre - take over secured loans which were so defrayed would have been entitled . The amendments proposed in the Bill are for the purpose of securing this position.
NEW DELHI;
GEORGE FERNANDES .
The 7th May, 1979 .
SEC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
543
BILL NO . 76 OF 1979
A Bill to provide for the withdrawal of certain sums from and out of the Consolidated Fund of the Union territory of Goa, Daman and Diu for the services of a part of the financial year 1979-80 .
BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows :-
1. This Act may be called the Goa, Daman and Diu Appropriation (Second Vote on Account) Act, 1979 .
Short title.
GoaAct 3 of 1979.
2. From and out of the Consolidated Fund of the Union territory of Goa, Daman and Diu there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate [inclusive of the sums specified in column 5 of the Schedule to the Goa, Daman and Diu Appropriation ( Vote on Account) Act, 1979, ] to the sum of forty - four crores , fifty - eight lakhs and twelve thousand rupees towards defraying the several charges which will come in course payment during the financial year 1979-80. of
With- drawal of Rs . 44, 58,12,000 Consoli- dated Fund of the Union out of the territory ofGoa, Daman and Diu for the financial year 1970-80.
THE GAZETTE OF INDIA EXTRAORDINARY
[PART I-
544
Appro- priation .
3. The sums authorised to be withdrawn from and out of the Consoli- dated Fund of the Union territory of Goa, Daman and Diu by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.
SEC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
545
THE SCHEDULE
(See sections 2 and 3)
Services and purposes No. of Vote/ Appro pria- tion
Revenue Union Territory Legisla- ture and Elections
Miscellaneous General
Services
Revenue
Administration ofJustice Revenue 3
4
Revenue Land Revenue , Stamps and Registration
5 State Excise, Sales Tax and other Taxes and Duties
Revenue
6 Taxes on Vehicles Revenue
Police and Fire Services Revenue 7
Revenue 8 Jails
Stationery and Printing Revenue 9
Other General Services Revenue 10
Pension
11
Revenue
19 Public Works , Housing and Urban Develop- ment
Revenue
Capital
Revenue Roads and Bridges ,
13
Capital
14
Education , Art and Culture
Revenue
Capital
15
Medical, Family Welfare and Public Health , Sanitation and Water
Supply
Revenue Capital
16 Information and Publicity Revenue
Labour andEmployment . Revenue 17
9
Sums not exceeding
Voted
Total Charged on theConsoli- dated Fund
Rs.
Rs.
Ra.
$3,000
5,75,000
5,98,000
8,79,000
62,50,000
65,29,000
3,02,000
14,93,000 11,91,000
12,45,000
12,45,000
16,64,000
16,64,000
3,09,000 3,09,000
94,41,000 94,41,000
6,83,000 6,89,000
15,75,000 15,75,000
6,60,000 6,60,000
44.33,000 44.33,000
32,000 1,71,09,000 1,70,77,000
2,24,67,000 2,24,67,000
179,39,000 79,39,000
1,27,10,000 1,27,10,000
6,17,58,000 6,17,58,000
::
110,19,000 10,12,000
1
3,87,26,000
3,87,96,000 1,61,00,000 1,61,00,000
8,93,000 8,99,000
34,02,000 34,02,000 THE GAZETTE OF INDIA EXTRAORDINARY
546
2
1
Services and purposes No. of Vote/ Appro- priation
18 Social Security and Wel- fare, Relief on account of Natural Calamitica and Food
Revenue Capital
Revenue 19 Cooperation and Com- munity Development
Capital
go
Revenue Other Economic Services and Mines and Minerals
21
Agriculture and Allied Services
Revenue Capital
22
Irrigation and Power Projects
Revenue Capital
Industries
23
Revenue Capital
24
Revenue Road and Water Trans- portServices( including Ports)
Capital
Tourism
Revenue 25
Capital
26. Loans and advances by Union Territory
Government
Capital
TOTAL
[PART II-
9
Sums not exceeding
Voted
Total
Charged on theConsoli- dated Fund
Rs .
Rs .
R.
41,24,000
41,24,000
5,25,85,000
5,25,85,000
47,99,000
47,99,000
34,33,000
34,93,000
19,76,000
【19,76,000
2,11,63,000 2,11,63,000
2,24,24,000
2,24,24,000
4,08,39,000 4,08,39,000
5,57,99,000 5,57,99,000
33,34,000
79,21,000 33,34,000 79,21,000
32,68,000 32,68,000 7,19,000
7,19,000
18,08,000
78,75,000 18,08,000 78,75,000
36,11,000 36,11,000
6,36,000
44,51,76,000
44,58,12,000 SEC. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
547
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of section 29 ( 1) of the Govern- ment of Union Territories Act, 1963 , read with section 31 thereof and the Order of the President made on the 27th April, 1979 under section 51 of that Act to provide for the appropriation out of the Consolidated Fund of the Union territory of Goa, Daman and Diu of the moneys required to meet the expenditure charged on the Consolidated Fund and the grants made in advance by the Lok Sabha in respect of the estimated expenditure of the Government of Goa , Daman and Diu for a part of the financial year 1979-80.
SATISH AGARWAL
PRESIDENT'S RECOMMENDATION UNDER THE GOVERNMENT OF UNION TERRITORIES ACT , 1963
[Copy of letter No. F. 2 (99 ) -B (S ) / 79 , dated the 10th May, 1979 from Shri Satish Agarwal , Minister of State in the Ministry of Finance to the Secretary , Lok Sabha . ]
The President , having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of the Union Territory of Goa , Daman and Diu for the services of a part of the financial year 1979-80 recommends , under sub - sections ( 1 ) and (3) of section 23 and section 31 of the Government of Union Territories Act , 1963, read with the Order made by him on the 27th April , 1979 under section 51 of the said Act, the introduction of the Goa, Daman and Diu Appropriation (Second Vote- on- Account) Bill , 1979 in and the consideration of the Bill by Lok Sabha .
2. The Bill will be introduced in Lok Sabha immediately after the Demands for Grants 'on account ' for expenditure of the Union Territory of Goa, Daman and Diu for a part of the financial year 1979-80 have been voted.
AVTAR SINGH RIKHY, Secretary.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1979