REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 19] NEW DELHI, WEDNESDAY, JUNE 11, 1980/JYAISTHA 21, 1902
Separate paging is given to this Part in order that it may be filed
as a separate compilation
LOK SABHA
The following Bills were introduced in Lok Sabha on the llth June, 1980: —
BILL NO. 95 OF 1980
A Bill to amend the Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978.
BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows: —
1. This Act may be called the Hindustan Tractors Limited (Acquisi- tion, and Transfer of Undertakings) Amendment Act, 1980.
Short title.
13 of 1978.
Amend- ment of section 6.
2. In section 5 of the Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 (hereinafter referred to as the prin- cipal 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".
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: —
Amend- ment of the Sche- dule.
", including loans advanced, on or after the date of taking over, 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 the date of taking over".
(393)
394 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—STATEMENT OF OBJECTS AND REASONS
The Government of India assumed the management of Hindustan Trac- tors Limited, Vishwamitri, Baroda in March, 1973, under the Industries (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 enactment of the Hindustan Tractors Limited (Acquisition and Transfer of Undertak- ings) 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 manage- ment of the Company and after the taking over of the management of the Company should be taken care of. According to this section, liabili- ties 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 under- takings 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 Com- pany before the take over of the Company would qualify for pay- ment under Category III of Part B of the Schedule and this considera- tion 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 accounting treat- ment 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;
The 3rd June, 1980. CHARANJIT CHANANA.
SEC. 2] THE GAZE1TE OF INDIA EXTRAORDINARY 395BILL NO. 98 OF 1980
A Bill to provide for ihe withdrawal of certain sums from and out of the Consolidated Fund of the State of Assam for the services of a part 0/ the financial year 1980-81.
BE it enacted by Parliament in the Thirty-first Year of the Republic
of India as follows: —
1. This Act may be called the Assam Appropriation (Second Vote
on Account) Act, 1980.
Sh<"rt title.
2. From and out of the Consolidated Fund of the State of Assam there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of one hundred fifty- eight crores and thirty-eight lakh rupees towards defraying the several charges which will come in course of payment during the financial year 1980-81.
With- drawal of Ra. 188,8*00,000 from and out of the Consoli-
dated Fund of the State of Assam for the financial year 1988-81.
Appro- priation 3. The sums authorised to be withdrawn from and out of the Conso- lidated Fund of the State of Assam by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the
396 THE GAZETTE OF INDIA EXTRAORDINARY [PAST II—THE SCHEDULE
(See sections 2 and 3)
I
i
3
Sums not exceeding
Services and purpose;
Voted by Charged on Parliament the Consoli- Total dated Fund
No. of Vote/ App- ropri- ation
Rs.
Rs.
Rs.
i
39,000
16,74,000
State Legislature . . Revenue
17,13,000w
i,48,OOO
; 2,48,000
flrad of State . . . Revenue
j,*'
5,81,000
Council of Ministers . Revenue
17,000
Discretionary Grants . Revenue
4
32,77,000
Administration of Justice . Revenue
5
6g,to,oooJ
16,33,000
13,36,000
6 Elections . . . Revenue
13,36,000
Taxes on Income and Bx-
' 2,24,000
penditure , . , Revenue
3,24,000
Land Revenue and L*nd
0,15,58,000
3,15,63,000
4,000
2,56,000
Stamps . . .. Revenue
2,56,000
0
7,68,000
Rei^istration . . . Revenue
10
7,68,000
^ i State Excise . . . Revenue 20,03,000
20,03,000
Sales Tux and Other Taxes Revenue
39,67,000
99,(^7,000
iy
Transport Services . . Revenue 1,03,16,000
I,03,l6,OOO
!3
Capita)
8,67,000
8,67,000
F.lrctrieal Inspectorate . Revr-nur
2,10,000
2,19,000
'4
Small Sai'intfs . . Revenue
83,000
8a,000
•0
Finantial Inspection . Revenue
16
66,000
Servicing of Debt . . Revenue
10,00,97,000
iotoo,9y,0QO
17
Public Service Commission Revenue
• 3,65,000 18
3>65,ooo
19 Civil Secretariat and at-
tached Offices , . Revenue 94,32,000
94,38,000
30 District Administration . Revenue 84,84,000
84,84,000
21 Treasury and Accounts
Administration . Revenue 2Q,24,000
29,34,000
22
3,000
SEC 21 THE GAZETTE OF INDIA EXTRAORDINARY 3973
Sum" not exceeding
Service's ftnd purposes
Chaigedon
Voted by the Conaoli-
No. of Vote/ App- ropri- ation
Parliament dated Fund
Tolal
Rs.
Rs.
Ra.
40,76,000
Stationery and Ptinling . Revenue
40,76,000 "5
Administrative and Func-
26
3,06,80,000
tional Buildings . . Revenue
17,000 3,06,97,000
Capital
2,20,28,000
2,ao,afi,ooo
Fire Ssrvir.es . , Revenue
27
30,5:0,000
30,30,000
Vigilance and Special
28
Commissions . . Revenue
1,93,000
1,93,000
Civil Defence and Home-
a9
guards . . . Revenue
39,11,000
39, n, 000
Pooled Transport . . Revenue
83,000
83,000
30
Guest House3, Government
3i
Hostels, etc. . . Revenue
8,41,000
8,41,000
Administrative Training . Revenue
1,77,000
1,77,000
3*
Vital Statistics, etc. . . Revenue
4,43,000
4,43,000
3}
Pensions and other Retire-
34
ment Benefits . , Revenue 1,03,10,000
1,03,54,000
Aid Materials . . . Revenue
51,07,000
51,07,000
3.1
State Lotteries . . Revenue
11,18,000
II,l8,OG0
Education . . . Revenue 36,64,20,000
36,64,20,000
37
44,000
Capital
1,00,000
1,00,000
Art and Culture . . Revenue
24,10,000
a4,io,ooc
38
67,000 State Archives . . . Revenue
67,000
39
I2,(j6,u,roo Medical and Public Health Revenue 1 a,06,11,000
40
47,50,000
Capital
47,50,000
S.51,000
Sanitation and Sewerage . Revenue
8,51,000
4>
43"°5.ooo Housing Schemes . . Revenue
43,05,000
4*
io,38,ooo
Capital
10,33.000
77,71,000
Residential Buildings . Revenue
77i7"t""
4S
1,11,30,000
Capital
1,11,30,000
41,36,000
Urban Development . Revenue
41,36,000
44
9,00,000
Capital
4,00,000
17,49,000
In! ormation and Publ ici ty Revenue
1743,000
45
7*,8u,ooo Labour and Employment . Revenue
7t.B5.ooo
46
36,93,000
Civil Supplies . . Revenue
36,79,000
47
38,000
ReVief and Rehabilitation Revenue
38,000
48
1,67,000
Capital
1,67,000
14.000
398 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II -I
a
1 3
Sums not exceedini
%\
Services and purposes
Voted by Charged on th Parliament Consolidated
Fund
Total
No. of Vote/ App- ropri- ation
Rs.
Rs.
Rs.
Welfare of Scheduled Castes/
49
1.33,24.000
Scheduled Tribes and others Revenue
1,33,24.000
83,51,000
83.51,000
Social Welfare . . . Revenue
5°
"3,34.ooo
Prohibition , . , Revenue
'3.34.000
Pensions to Freedom Fighters,
5a
13,08,000
Rajya Sainik Board, etc. Revenue
13,08,000
3,30,67,000
Natural Calami ties . . Revenue 3, 30,67,000
53
Social and Community Ser-
54
6g,ooo
vices . . .. Revenue
69,000
9,53.ooo.
Planning Board . . Revenue
9,53,ooo
55
1,83,90,000
Co-qperatlon . . . Revenue ',83,90,000
56
1,16,35,000
Capital
1,16,53,000
North Ea"tern Qoundl
57
18,67,000
Schemes . . . Revenue
18,67,000
78,04,000
78,04,000
Capital
32*60,000
32,60,000
Statistics . . , Revenue
58
9,90,000
9,90,000
Weights and Measures . Revenue
59
',37,ooo
Trade Ad*i"cr . , Revenue
60
1,57,000
6," 5,95.000
61 Agriculture . , , Revenue 6.13,95,000
1,00,000
Capital
1,00,000
',33,13,000
Irrigation . . . Revenuo
',33,13,000
69
7,03,03,000
Capital
7,03,03,000
Soil and Water
63
1,11,19,000
Conservation . . Revenue 1,11,19,000
00,34,000
30,34,000
Capital
Animal Husbandry and
64
2,33,87,000
3,32,87,000
Veterinary , . . Revenue
39,65,000
Dairy Development . Revenue
39,65,000
63
1 53,38,000
53,38,000
Fisheries . . . Revenue
66
67,000
67,000
Capital
4,65,37>ooo
4,65,37,ooo
Forests , . . Revenue
67
1,000
2,61,45,000
3,61,44,000
Community Development Revenue
68
8,43,000
13,43,000
Industries . , . Revenue
69
1
63,67,000
63,67,000
Gapi tal
1,23,23,000
1,22,33,000
Sericulture and Weaving . Revenue
70
3,14,000
3.'4,ooo
Capital
SEC. 2] THE GAZETTE OF INDIA EStTRAQkblNARY $90I
a
3
Sum* not exceeding
Services and purposes
Voted by Charged on Total
No. of Vote; App- ropria- tion
Parliament the Consoli- dated Fund
Rs.
R".
Rs.
72
03,83,000
Mines and Minerals . Revenue
23,83,000
13,54,70,000
Ia>54"7o.0°°
Capital
1,66,06,000
Flood Control , Revenue
1,66,06,000
73
4,54,67,000
Capital
4.34.67.000
6,94.78,000
Roadi and Bridges . . Revenue
6,94,78.000 74
4,50,72,000
Capital
4.3°.7a.ooo
8,79,000
Tourinn . . , Revenue
8,79,000
75
76
1,38,33,000
Payment of Compensation and Assignment to Local Bodies and Panchayat! Raj Institution . . Revenue
1.28,33,000
Assam Capital Construction Capital
10,83,000
10,83,000
77
78 Internal Debt . . . Capital
aj4J*floo
3,34,21,000
6,07,07,000
Repayment of Central Loan Capital
6.07,07,000
79
80 Loans and Advances to
1,60,13,000
Government Servants . Capital
I,6o,i3,ooo
81 Inter-State Settlement . Capital
33,000
33,ooo
82
67,000
Food for Work Programme Revenue
67,000
TOTAL EXPENDITURE FROM THB CONSOLIDATED FOND | 139.81,74,000
158,38,00,000
'8,56,26,000
I
400 TFti; GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2]STATEMENT OF OBJECTS AND REASONS
This BUI is introduced in pursuance of articles 204(1) and 206 of the Constitution read with the Proclamation issued under article 356 of the Constitution in respect of the State of Assam on the 12th December, 1979 to provide for the appropriation out of the Consolidated Fund of the State of Assam of the moneys required to meet the expenditure charged on the Consolidated Fund of the State of Assam and the grants made in advance by the Lok Sabha in respect of the estimated expenditure of the Government of Assam, for a part of the financial year 1980-81.
R. VENKATARAMAN.
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 207 OF THE CONSTITUTION OF INDIA
[Copy of letter No. F.2(17)-B(S)/80, dated the 7th June, 1980 from Shri R. Venkataraman, Minister of Finance to the Secretary, Lok Sabha].
The President, having been informed of the subject matter of the pro- posed Bill to provide for withdrawal of certain sums from and out of the Consolidated Fund of the State of Assam for the services of a part of the financial year 1980-81, recommends under clauses (1) and (3) of article 207 of the Constitution of India, read with clause (2) of article 206 there- of and the Proclamation dated the 12th December, 1979 issued under article 356 of the Constitution, the introduction of the Assam Appropria- tion (Second Vote on Account) Bill, 1980, in and the consideration of the ; Bill by Lok Sabha.
2. The Bill will be introduced immediately after the Demands for Grants 'on account' for expenditure of the Government of Assam for a m rt of the financial year 1980-81, have been voted.
AVTAR SINGH RIKHY,
Secretary.
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